Elder Law Center

One Essex Street

Saugus, Massachusetts 01906

Telephone 781.233.4444   Fax 781.231.2222

June 29, 2006

 SENIOR WEEKLY NEWS

This week I want to talk about a few things. First, is my FREE CASH FOR SENIORS PROGRAM that resulted in seniors getting, so far this year, $47,557 from the Senior Circuit Breaker Credit. Next is a scam warning from the Centers for Medicare and Medicaid (CMS) and finally is an explanation of a new requirement that is being applied for anyone seeking Medicaid (MassHealth in Massachusetts) benefits.

FREE CASH FOR SENIORS – This year I smashed my old record of about $32,000 by getting seniors $47,557 in refunds, absolutely free. The source of this money is the Massachusetts Senior Circuit Breaker Credit. This credit is available to any senior who owns their own home or rents. If you live in subsidized housing, you are not eligible. The general rule is that if your landlord does not pay real estate taxes, you are not eligible.

 The sad part is that I know I am only scratching the surface in reaching seniors who are eligible for this credit. Many of these people were told that they no longer need to file income taxes because their income is too low. These are the people who receive the maximum amount of the credit, $840 in 2005. I have also amended several tax returns that failed to claim the credit.

YOU DO NOT NEED TO HAVE PAID ANY TAX IN TO GET A REFUND.  – This is the most common misconception that people have. They think that since they did not have any withholdings, they are not eligible for a refund. This is incorrect. This refund is available even if you did not pay anything in. More information is available on our website, just click on FREE CASH.

SCAM WARNING – Last Friday, the Centers for Medicare and Medicaid (CMS) issued a warning to all Medicare beneficiaries of a telephone scam in which callers claimed to be selling prescription drug plans. The callers were attempting to get your Medicare or social security number, as well as your bank account information. CMS offers the following advice:

       ·        Never provide Medicare numbers or bank account                 information to callers unless it was you who         initiated  the contact.

·        Legitimate Medicare drug plans will not send representatives to your home without an invitation or, ask for payment over the telephone or internet.

·        Medicare beneficiaries should ask drug plans to mail bills.

 My recommendation is that, prior to providing information, or signing up for a drug plan, seek help from your local SHINE counselor who can be found at your senior center. These counselors are trained to help you select the proper medical insurance plan.

NEW MEDICAID REQUIREMENT – Effective July 1, 2006, all U.S. citizens and nationals applying for or renewing their Medicaid coverage must provide documentation of their citizenship status.

 This new requirement does not change the Medicaid (MassHealth) rules relating to immigrants. It only makes the process of obtaining eligibility more difficult for citizens. Our current requirement only requires a statement made under oath that you are a citizen.

           How do you prove citizenship?  The best evidence of your citizenship is a U.S. Passport, a Certificate of Naturalization, of a Certificate of U.S. Citizenship. If you don’t have one of these, “Secondary evidence” would be an original birth certificate or certified copy in combination with other identity records, such as a driver’s license. Copies will not be acceptable.

 Many U.S. citizens lack the documents required to establish citizenship. The mentally ill, people with developmental disabilities, the homeless, and nursing home residents may face special obstacles to obtaining necessary documents. The ability of the states to exercise flexibility in administering these new requirements is unknown at this time. Good luck in gathering your citizenship papers.

 This article gives general information and not specific advice on individual matters. Persons wanting individualized advice on matters discussed should contact an advisor experienced in those matters. To the extent this article provides information on legal matters, it is based on law in effect in Massachusetts on the date of posting (laws in effect in other states are often quite different).

Ronald H. Surabian is a CPA and attorney who works at the Elder Law Center in Saugus, Massachusetts. He also holds Masters in accounting and a Masters in tax law. He currently serves on the board of directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. If you have any questions please call me at the Elder Law Center, One Essex Street, Saugus, MA 01906 (781)233-4444. To view this or any prior article, please visit our web site at www.elderlawcenter.org

This web site may be considered "advertising" under Massachusetts Supreme Judicial Court Rule 3:07. The information presented on these pages does not constitute legal advice. An attorney client relationship can only be established after personally meeting with each other. After consideration of all the facts in your case during a personal meeting, and payment and acceptance of a retainer, will an attorney client relationship begin. Likewise, electronic mail to Elder Law Center through this site cannot be guaranteed to be confidential and does not create an attorney-client relationship.