Social Security

What Is IRMAA?

Seniors Avoid the Cliff! By Robert S. Morris Our practice of Elder Law includes all legal issues common to older people. One issue of concern to everyone on Medicare or Social Security is the issue of hidden taxes. What is the Income Related Monthly Adjustment Amount (IRMAA)? We are all aware of income taxes and payroll taxes but there are other taxes hiding out there. One of those is IRMAA, which stands for...

What are Representative Payee and VA Fiduciaries?

Social Security and VA Name Your Agent Your ever- so-efficient Federal government has a plan in place to appoint an agent to receive your social security or veteran’s benefits in the event you are having trouble managing your finances.     Perhaps we should say “two plans” since it would be way too much to ask for the Social Security Administration (SSA) and Department of Veterans Affairs (VA) to actually...

Scams with a 2019 Twist: SSA, Grandchildren and Disasters

The Social Security Administration is not going to call you out of the blue and threaten you with arrest if you do not press a number and give your personal information. Your grandchild does not need you to send $10,000 in small bills, folded inside magazine pages, via federal express to get him or her out of legal trouble.  Funds donated through a GoFundMe page set up after a natural...

Guardianship – Alternatives

Guardianship laws vary from state to state.  Texas follows a "least-restrictive" form  - a guardianship isn't necessary if there are appropriate alternatives available.   These are evaluated on a case-by-case basis. Common alternatives: Surrogate Decision Making for Mentally Retarded Person.  This allows a committee to make medical AND non-medical decisions  for a mentally retarded person who is housed in an intermediate care facility for the mentally retarded (ICF/MR) Emergency Medical Treatment Act  -  this covers...

Claiming a parent as a dependent

There may be some tax advantages available to the sandwiched generation for helping out their elderly parents. If your elderly parent has little or no income, he may be considered a "qualifying relative" for your income tax purposes. He loses his own exemption, but that is probably of little worth since he would be paying little or no taxes himself. You can claim the exemption if you can show that 1) you...
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