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      All articles — page 6

      The full library in alphabetical order, across every area of law.

      Immigration in Later Life

      The Application and What Follows It

      A naturalization application asks for identity, residence, employment, travel, family, and a long series of questions about conduct and history. Once filed it produces a receipt, a biometrics appointment, an interview with the English and civics components unless exempt, and a decision. The parts that cause difficulty are the reconstructed history and the conduct questions, both of which are better prepared from records than from memory.

      6 min readFederal law

      Long-Term Care & Paying For It

      The Care Plan and Who Takes Part in It

      A facility must assess each resident comprehensively and prepare a care plan setting out the care to be provided and the goals it is directed at. The resident, and a family member or representative they choose, are entitled to participate in preparing it and to be notified of meetings. Plans are reviewed at intervals and when the resident's condition changes. Attending those meetings, and asking for changes in them, is the most effective route families have.

      6 min readFederal and state

      Housing in Later Life

      The Clauses in a Residency Agreement That Matter

      A residency agreement sets out the base fee, how care levels are assessed and charged, what increases may be applied and on what notice, the circumstances in which a resident may be asked to leave, what happens on a hospital admission, refund terms for deposits and entrance payments, and how disputes are resolved. Several of these clauses are negotiable, and the ones concerning care assessment and discharge matter most.

      6 min readState law

      Working Past Retirement Age

      The Disclosure a Group Exit Requires

      Where a release of age claims is sought from two or more employees as part of an exit incentive or termination program, specific disclosure is required. The employer must identify the class or unit covered, the eligibility factors, the time limits, and the job titles and ages of the individuals selected and of those in the same unit who were not. That information is frequently the most revealing document anybody in this situation receives.

      6 min readFederal law

      Immigration in Later Life

      The Documents That Prove Decades of Residence

      Immigration applications require continuous address, employment and travel histories across periods measured in years. Almost nobody has kept a contemporaneous record, so the histories are reconstructed from ordinary documents: tax records, tenancy and mortgage papers, utility accounts, bank statements, passport stamps and correspondence. Assembling them before an application is filed converts a fraught interview into a short one, and the work is far easier done early than under a deadline.

      6 min readFederal law

      Medicare & Coverage Decisions

      The Fast Appeal When Care Is About to Stop

      When hospital, skilled facility, home health or hospice services are to be discontinued, the provider must give written notice explaining the right to an expedited review by an independent organization. The request must be made within a very short window, generally by the day before services end. Where it is made in time, care ordinarily continues pending the decision, and the review is completed within a day or so. Missing the window removes the fastest and most useful right, not all of them.

      6 min readFederal law

      Medicare & Coverage Decisions

      The Five Levels of a Coverage Appeal

      A coverage decision may be challenged through five successive levels: redetermination by the original decision-maker, reconsideration by an independent contractor, a hearing before an administrative law judge, review by an appeals body, and an action in federal court. Each has its own period, and later stages carry minimum amount thresholds. Expedited variants exist where care is ongoing. The hearing stage is where a well-prepared case is most likely to succeed.

      6 min readFederal law

      Passing Things On

      The Form That Overrides a Will

      Retirement accounts, life insurance policies and certain other assets pass by beneficiary designation rather than under a will. The designation controls, and a will that says something different does not override it. For most households these assets represent the larger part of what is passed on, which means the forms — completed years earlier, frequently before a divorce, a remarriage or a death — determine more than the document everybody concentrates on.

      6 min readFederal and state

      Driving & Independence

      The Forms a Review Requires and Who Completes Them

      A medical review typically requires a form from the driver covering conditions, medications and clinicians, and one or more forms completed by treating clinicians describing functional capacity. The clinical form is what decides most reviews. It should address the specific functions driving requires, the stability of the condition, the effect of treatment, and the clinician's own view, rather than recording a diagnosis and leaving the authority to draw conclusions.

      6 min readState law

      Social Security & Retirement Income

      The Four Stages of an Appeal

      An adverse determination moves through four stages: reconsideration, a hearing before an administrative law judge, review by an appeals body, and an action in federal court. Each stage has a period within which the next step has to be requested, running from receipt of the previous decision. The hearing stage is where most successful cases are won, because it is the first at which the person appears in person and evidence can be developed properly.

      6 min readFederal law

      Long-Term Care & Paying For It

      The Home and What Happens to It Afterward

      A principal home is generally excluded from the resource count where the person intends to return or where a spouse or certain relatives live there. That exclusion governs eligibility during life. After death, states are required to seek recovery of care costs from the estate, subject to exceptions protecting a surviving spouse, a minor or disabled child, and certain other situations. Transferring the home in anticipation of care usually makes matters worse.

      6 min readFederal and state

      Driving & Independence

      The Identification Card That Replaces a License

      A state identification card provides proof of identity for somebody who no longer holds a driver's license. It is needed for banking, medical care, prescriptions, voting in many places, travel and a range of ordinary transactions. Obtaining one requires documents establishing identity and residence, and is easier while a license is still valid. Federally compliant cards carry additional documentary requirements and are worth obtaining rather than a basic version.

      6 min readState law