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What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
1
WHAT QUESTIONS
SHOULD I ASK AN
ELDER LAW ATTORNEY
IN CONNECTICUT
“The elder law field is very relevant at the present time,
because so many people are reaching retirement age at the
same time. The Social Security Administration is accepting
some10,000 applications every day, and this is due to the
aging of the baby boomer generation.”
BARRY D.HOROWITZ
Connecticut Estate Planning Attorney
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
2
The elder law field is very relevant at the present time, because so many
people are reaching retirement age at the same time. The Social Security
Administration is accepting some10,000 applications every day, and this is
due to the aging of the baby boomer generation.
If you are concerned about the future, you may want to have a discussion
with a licensed elder law attorney. When you consult with an attorney,
there are certain questions you should definitely ask, and we will cover
some of them in this paper. We will also provide some basic answers.
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
3
HOW DO I BECOME ELIGIBLE FOR SOCIAL
SECURITY, AND WHAT IS THE
ELIGIBILITY AGE?
When you pay FICA taxes while you are working, you are paying into the
Social Security program. You can earn up to four retirement credits in a
calendar year, and in 2015, you earn one credit for every $1220 that you
earn. Four is the maximum annual accrual, regardless of the total amount
of your earnings.
Once you have accumulated at least 40 retirement credits, you will qualify
for Social Security. It is possible to begin collecting Social Security when
you are as young as 62 years of age. However, if you go this route, your
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
4
payout will be about 25 percent less than it would have been if you had
waited until you reached your full retirement age.
The age at which you can begin to receive your full benefit will depend on
the year of your birth. If you were born in 1954 or earlier, your age of
eligibility is 66 on the nose. The age of eligibility then goes up by two
months each year, so if you were born in 1955, you would become eligible
for your full benefit two months after your 66th birthday.
This two-month per year graduation comes to a close in 1960. Those who
were born in 1960 and
after become eligible for
their full Social Security
benefit when they reach
the age of 67 under
currently existing laws.
It is also possible to delay
the submission of your
application beyond your full retirement age. If you do this, you earn delayed
retirement credits. This would equate to an eight percent increase in your
benefit for each year that you delay, but this accrual ceases when you reach
the age of 70.
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
5
WHAT ABOUT MEDICARE?
You become eligible for Medicare coverage at the age of 65, regardless of
your year of birth, as long as you earn at least 40 retirement credits during
your working career. However, you should be aware of the fact that
Medicare does not cover everything in full.
There are deductibles, premiums, and co-payments to contend with for
things that are covered, so you should budget for these expenses in
advance. In addition to these out-of-pocket expenses, you have to be aware
of the fact that Medicare does not pay for living assistance.
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
6
ISN'T IT UNLIKELY THAT I WILL NEED LIVING
ASSISTANCE?
In fact, it is quite likely. According to the United States Department of
Health and Human Services, 70 percent of people reaching the age of 65
will someday need long-term care.
IS LONG-TERM CARE EXPENSIVE?
Long-term care is extremely expensive around the country. We practice in
Connecticut, and the costs are higher here than they are in most of the
country. It can easily cost you over $100,000 for a year in a nursing home.
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
7
WHAT CAN I DO IF I CANNOT PAY COMFORTABLY
OUT-OF-POCKET?
Medicaid does pay for long-term care, but it is a need-based program. You
cannot have much in your own name if you want to qualify for Medicaid to
pay for long-term care.
People often give gifts to their loved ones before they apply for Medicaid,
but you have to act in advance. There is a five-year look-back, and your
eligibility is delayed if you give away assets within five years of submitting
your application.
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
8
SUMMARY
Elder law attorneys advise people who are planning ahead for the
eventualities of aging. You would do well to consult with an elder law
attorney if you want to be fully prepared for the contingencies that you may
face toward the end of your life.
Long-term care is one major issue, but there are others. Many elder law
attorneys offer free consultations, so you can reach out to an attorney in
your area if you are ready to take action.
REFERENCES
United States Department of Health and Human Services
www.longtermcare.gov
Genworth Financial
https://www.genworth.com/corporate/about-genworth/industry-
expertise/cost-of-care.html
Social Security Administration
http://www.ssa.gov/retire2/credits1.htm
What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net
9
About the Author
Barry D. Horowitz
Barry D. Horowitz is a founding partner in the law firm of
Nirenstein, Horowitz & Associates, P.C. He received his
diploma from the Loomis Chaffee School and his Bachelor
of Arts from Bennington College, where he dual majored
in philosophy and music.
Mr. Horowitz was awarded his Juris Doctor degree with
honors from the University of Connecticut School of Law.
While attending law school, Mr. Horowitz received the
American Jurisprudence Award in Legal Ethics and the
Nathan Burkan Award.
After graduation from law school, Mr. Horowitz continued his legal education at New
York University School of Law where he received a Post Doctorate Law Degree in
Taxation. He has also recently received a national achievement award.
Mr. Horowitz is admitted to practice before all the state courts in the State of
Connecticut and the United States District Court. He is a member of the Hartford
County Bar Association, a charter member of the American Academy of Estate Planning
Attorneys, and has recently received the American Academy Award. Mr. Horowitz is
also an active member of the Connecticut Bar Association where he is a member of the
Elder Law Section, the Estate Planning and Probate Section, and the Professional Ethics
Committee. Mr. Horowitz practices exclusively in the area of Estate Planning where he
has earned a reputation as a dynamic and entertaining speaker. He also has recently
published a book entitled “Guiding Those Left Behind in Connecticut.”
Nirenstein, Horowitz & Associates, PC
Living Trust and Estate Planning Attorneys
Serving the State of Connecticut with Offices in Greater Hartford, Fairfield County, CT
www.PreserveYourEstate.net
HARTFORD WESTPORT
Gothic Park 191 Post Road West
43 Woodland St., Suite 520 Westport, CT 06880
Hartford, CT 06105 Phone: 203-221-2617
Phone: (860) 548-1000

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What Questions Should I Ask an Elder Law Attorney in Connecticut

  • 1. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 1 WHAT QUESTIONS SHOULD I ASK AN ELDER LAW ATTORNEY IN CONNECTICUT “The elder law field is very relevant at the present time, because so many people are reaching retirement age at the same time. The Social Security Administration is accepting some10,000 applications every day, and this is due to the aging of the baby boomer generation.” BARRY D.HOROWITZ Connecticut Estate Planning Attorney
  • 2. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 2 The elder law field is very relevant at the present time, because so many people are reaching retirement age at the same time. The Social Security Administration is accepting some10,000 applications every day, and this is due to the aging of the baby boomer generation. If you are concerned about the future, you may want to have a discussion with a licensed elder law attorney. When you consult with an attorney, there are certain questions you should definitely ask, and we will cover some of them in this paper. We will also provide some basic answers.
  • 3. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 3 HOW DO I BECOME ELIGIBLE FOR SOCIAL SECURITY, AND WHAT IS THE ELIGIBILITY AGE? When you pay FICA taxes while you are working, you are paying into the Social Security program. You can earn up to four retirement credits in a calendar year, and in 2015, you earn one credit for every $1220 that you earn. Four is the maximum annual accrual, regardless of the total amount of your earnings. Once you have accumulated at least 40 retirement credits, you will qualify for Social Security. It is possible to begin collecting Social Security when you are as young as 62 years of age. However, if you go this route, your
  • 4. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 4 payout will be about 25 percent less than it would have been if you had waited until you reached your full retirement age. The age at which you can begin to receive your full benefit will depend on the year of your birth. If you were born in 1954 or earlier, your age of eligibility is 66 on the nose. The age of eligibility then goes up by two months each year, so if you were born in 1955, you would become eligible for your full benefit two months after your 66th birthday. This two-month per year graduation comes to a close in 1960. Those who were born in 1960 and after become eligible for their full Social Security benefit when they reach the age of 67 under currently existing laws. It is also possible to delay the submission of your application beyond your full retirement age. If you do this, you earn delayed retirement credits. This would equate to an eight percent increase in your benefit for each year that you delay, but this accrual ceases when you reach the age of 70.
  • 5. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 5 WHAT ABOUT MEDICARE? You become eligible for Medicare coverage at the age of 65, regardless of your year of birth, as long as you earn at least 40 retirement credits during your working career. However, you should be aware of the fact that Medicare does not cover everything in full. There are deductibles, premiums, and co-payments to contend with for things that are covered, so you should budget for these expenses in advance. In addition to these out-of-pocket expenses, you have to be aware of the fact that Medicare does not pay for living assistance.
  • 6. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 6 ISN'T IT UNLIKELY THAT I WILL NEED LIVING ASSISTANCE? In fact, it is quite likely. According to the United States Department of Health and Human Services, 70 percent of people reaching the age of 65 will someday need long-term care. IS LONG-TERM CARE EXPENSIVE? Long-term care is extremely expensive around the country. We practice in Connecticut, and the costs are higher here than they are in most of the country. It can easily cost you over $100,000 for a year in a nursing home.
  • 7. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 7 WHAT CAN I DO IF I CANNOT PAY COMFORTABLY OUT-OF-POCKET? Medicaid does pay for long-term care, but it is a need-based program. You cannot have much in your own name if you want to qualify for Medicaid to pay for long-term care. People often give gifts to their loved ones before they apply for Medicaid, but you have to act in advance. There is a five-year look-back, and your eligibility is delayed if you give away assets within five years of submitting your application.
  • 8. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 8 SUMMARY Elder law attorneys advise people who are planning ahead for the eventualities of aging. You would do well to consult with an elder law attorney if you want to be fully prepared for the contingencies that you may face toward the end of your life. Long-term care is one major issue, but there are others. Many elder law attorneys offer free consultations, so you can reach out to an attorney in your area if you are ready to take action. REFERENCES United States Department of Health and Human Services www.longtermcare.gov Genworth Financial https://www.genworth.com/corporate/about-genworth/industry- expertise/cost-of-care.html Social Security Administration http://www.ssa.gov/retire2/credits1.htm
  • 9. What Questions Should I Ask an Elder Law Attorney in Connecticut? www.preserveyourestate.net 9 About the Author Barry D. Horowitz Barry D. Horowitz is a founding partner in the law firm of Nirenstein, Horowitz & Associates, P.C. He received his diploma from the Loomis Chaffee School and his Bachelor of Arts from Bennington College, where he dual majored in philosophy and music. Mr. Horowitz was awarded his Juris Doctor degree with honors from the University of Connecticut School of Law. While attending law school, Mr. Horowitz received the American Jurisprudence Award in Legal Ethics and the Nathan Burkan Award. After graduation from law school, Mr. Horowitz continued his legal education at New York University School of Law where he received a Post Doctorate Law Degree in Taxation. He has also recently received a national achievement award. Mr. Horowitz is admitted to practice before all the state courts in the State of Connecticut and the United States District Court. He is a member of the Hartford County Bar Association, a charter member of the American Academy of Estate Planning Attorneys, and has recently received the American Academy Award. Mr. Horowitz is also an active member of the Connecticut Bar Association where he is a member of the Elder Law Section, the Estate Planning and Probate Section, and the Professional Ethics Committee. Mr. Horowitz practices exclusively in the area of Estate Planning where he has earned a reputation as a dynamic and entertaining speaker. He also has recently published a book entitled “Guiding Those Left Behind in Connecticut.” Nirenstein, Horowitz & Associates, PC Living Trust and Estate Planning Attorneys Serving the State of Connecticut with Offices in Greater Hartford, Fairfield County, CT www.PreserveYourEstate.net HARTFORD WESTPORT Gothic Park 191 Post Road West 43 Woodland St., Suite 520 Westport, CT 06880 Hartford, CT 06105 Phone: 203-221-2617 Phone: (860) 548-1000