Don’t Go Broke in a Nursing Home

Mr. Peter J. Losavio, Jr. will be giving a seminar at the Zachary Branch Library Conference Room Tuesday October 20th @ 4:00pm and 6:00pm and Tuesday October 27th at 4:00pm and 6:00pm.  To attend this seminar call 1-800-426-6104 to reserve your seat.

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FREE BOOK AND SEMINARS

Peter Losavio of Losavio & DeJean will be presenting five (5) free seminars entitled “Don’t Go Broke in a Nursing Home”. This seminar will provide information regarding long term and crisis planning for you or your loved one’s nursing care needs. If you wish to attend, please call 1-800- 426-6104. Attendees will receive a free book co-written by Peter Losavio as well as free telephone consultations and a discounted initial office conference. The schedule for these five (5) free seminars are as follows:

Tuesday July 21, 2015 at 4:00 pm at the East Baton Rouge Library on Bluebonnet Blvd, Baton Rouge, La.;

Saturday July 25, 2015 at 10:00 am at the East Baton Rouge Library on Bluebonnet Blvd, Baton Rouge, La.;

Tuesday July 28, 2015 at 4:00 pm at the East Baton Rouge Library on Goodwood Blvd, Baton Rouge, La.;

Thursday July 30, 2015 at 4:00 pm at the East Baton Rouge Library on Goodwood Blvd, Baton Rouge, La.;and

Saturday August 1, 2015 at 10:00 am at the East Baton Rouge Library on Goodwood Blvd, Baton Rouge, La..

Call soon since seating may be limited! Hope to see you there!

Don’t Go Broke in a Nursing Home

Mr. Pete Losavio will be speaking at a  free workshop at Sunrise of Baton Rouge 8502 Jefferson Hwy. Baton Rouge, LA 70809  on Saturday June 27, 2015 at 9:30 am to discuss his new book he co-authored ” Don’t Go Broke in a Nursing Home”.  Please call 1-880-426-6104 to attend.

VA CERTIFICATION

 

Mr. Peter J. Losavio, Jr. has the necessary requirements pursuant to 38 C.F. R. § 14.629(b)(1)(iii) and (iv) and approved by the Missouri State Bar with course Title: CLE Program to Maintain VA Accreditation.   The completed course covered representation before the VA, claims procedures, basic eligibility for VA benefits, rights to appeal, disability compensation including presumptive conditions and Nehmer claims, dependency and indemnity compensation (DIC), non-service connected pension, and additional information related to both VA and its benefits and to DOD benefits for retired veterans.

 

Mr. Kent S. DeJean has the necessary requirements pursuant to 38 C.F. R. § 14.629(b)(1)(iii) and (iv) and approved by the Missouri State Bar with course Title: CLE Program to Maintain VA Accreditation.   The completed course covered representation before the VA, claims procedures, basic eligibility for VA benefits, rights to appeal, disability compensation including presumptive conditions and Nehmer claims, dependency and indemnity compensation (DIC), non-service connected pension, and additional information related to both VA and its benefits and to DOD benefits for retired veterans.

Social Security Launches New Expedited Disability Process for Veterans — Fast-tracking Disability Decisions for Vets with 100% Permanent and Total Rating

Carolyn W. Colvin, Acting Commissioner of Social Security, today announced the launch of a new disability process to expedite disability claims filed by veterans with a Department of Veterans Affairs (VA) disability compensation rating of 100% Permanent & Total (P&T). Under the new process, Social Security will treat these veterans’ applications as high priority and issue expedited decisions, similar to the way the agency currently handles disability claims from Wounded Warriors.

“We have reached another milestone for those who have sacrificed so much for our country and this process ensures they will get the benefits they need quickly,” said Acting Commissioner Colvin.  “While we can never fully repay them for their sacrifices, we can be sure we provide them with the quality of service that they deserve.  This initiative is truly a lifeline for those who need it most.”

“No one wants to put America’s veterans through a bureaucratic runaround,” said Maryland Congressman John Sarbanes, a leading proponent for increasing assistance to veterans. “As the baby boomer generation ages and more veterans of the wars in Iraq and Afghanistan need care, this common sense change will help reduce backlogs and cut through unnecessary red tape so that our most disabled veterans receive the benefits they’ve earned.”

In order to receive the expedited service, veterans must tell Social Security they have a VA disability compensation rating of 100% P&T and show proof of their disability rating with their VA Notification Letter.

The VA rating only expedites Social Security disability claims processing and does not guarantee an approval for Social Security disability benefits.  These veterans must still meet the strict eligibility requirements for a disability allowance.
For information about this service, please visit www.socialsecurity.gov/pgm/disability-pt.htm.

For more about Social Security’s handling of Wounded Warrior’s disability claims, please visitwww.socialsecurity.gov/woundedwarriors.

Medicaid Monday: Long-term Care Costs

Costs for most long-term care services rose in 2011 compared with 2010, according to the MetLife Mature Market Institute. The national average daily rate for a private nursing-home room went up 4.4%, to $239 per day.

The average monthly base rate for assisted living climbed 5.6%, to $3,477.

The daily rate for adult day care rose by 4.5%, to $70 per day.

The hourly rate for home health aides stayed at $21.

With these rates being as high as they are and increasing year-to-year, it is important to have a Life Care plan in place.  This can help you pay for the cost of care and even qualify you for Medicaid without losing everything you’ve worked for.  Call today to schedule a free consultation and find out how.

Kent DeJean featured in a new book by Chet Hilburn

The Mystique of Tiger Stadium: 25 Greatest Games: The Ascension of LSU Football is the new book by Chet Hilburn highlighting some of the most brilliant moments in the history of LSU’s football team, the Tigers.  What’s even better is that it features Losavio & DeJean’s very own Kent DeJean! According to the book’s description:

Relive the greatest moments in LSU football history, including Heisman Trophy winner Billy Cannon’s famous 1959 run against Ole Miss, told in colorful detail by fans present for the game. Find out what the top 25 games ever played in Tiger Stadium are, including detailed descriptions told by players, coaches, and fans who were present. Find out why Tiger Stadium is ranked among the loudest and most intriguing of any stadium in the world. Revisit LSU football from 1958 to 2012, detailing coaches hired and fired, including the dismal 1990s decade to the 2003-2012 period when LSU won two national championships. Read about the 2011 SEC champions and what made this squad an extraordinary team despite losing to Alabama in the BCS National Championship game.
The book is now available from retailers like Amazon.

Obtaining Veteran’s Disability and Social Security Disability Benefits at the same time

Many eligible candidates are not aware that one can receive Veteran’s and Social Security Disability Benefits simultaneously. This is made possible by the fact that the two programs are separate entities and have their own eligibility requirements. Receiving benefits from one program does not affect one’s eligibility concerning the other, and it’s actually recommended that qualified candidates apply for both in a timely manner since there can be a significant delay in actual receipt of the benefits from the time of application.

For more information, contact Losavio & DeJean, LLC at 225-769-4200 or info@losaviolaw.com. Some other resources:

Understanding the Veterans’ Appeals Process

Veterans who apply for benefits, whether they be service connected or non-service connected, should be aware of the VA appeal process as it may require time sensitive action on behalf of the Veteran.

Generally, after submitting a claim for benefits to the regional office, a claimant will receive a letter either awarding full benefits, awarding partial benefits, or denying the claim.  If at that time the claimant feels that he/she was not granted an appropriate award, the claimant must file a Written Notice Of Disagreement (NOD).  The VA does not require a specific form for the NOD; rather, the NOD need only be written by the claimant or his/her representative asserting disagreement with the decision and requesting a desire for appellate review.  This NOD must be filed within ONE YEAR from the date the VA mailed the decision letter.

In the initial Notice of Disagreement, a claimant may choose to have his claim reviewed by a Decision Review Officer (DRO) or reviewed in the traditional appellate process.  If a claimant chooses review by DRO, an officer will work with the claimant and explain the initial decision and what issues need to be resolved on appeal.  The DRO may also request additional information from the claimant.  The DRO has the authority to amend, reverse, or modify a the decision the claimant is appealing.  Under the traditional appeal process, a VA staff member will review the claimant’s file and issue a Statement of the Case (SOC), summarizing the law and evidence it used to reach a decision.  A VA Staff member also has the authority to amend, reverse or modify a decision in the SOC.

If a claimant is still not satisfied after receiving a decision from the DRO or in a SOC, the claimant may file a formal appeal to the Board of Veteran’s Appeals (BVA).  The appeal to the BVA must be filed either (1) 60 days from the date the VA mailed the SOC, or (2) the last day of the one year period from the date the VA mailed the notification of the decision being appealed. The best way to file this formal appeal with the BVA is to use VA Form 9, however, a specific form is not required.  The appeal hearing may take place at the local VA office and heard by a local DRO, at the BVA in Washington D.C., or via videoconference between the regional office and the BVA in Washington D.C.  At this point in the appeals process, new evidence may still be submitted to prove your claim.

After the BVA issues a decision, a dissatisfied claimant may then appeal to the U.S. Court of Appeals for Veterans’ Claims (CAVC).  An appeal to this court must be filed either by mail or fax within 120 days of the date the BVA mailed a copy of its decision.  At the CAVC level, the appeal will be heard by a three judge panel.  New evidence may not be submitted to the CAVC.

Following a decision by the CAVC, if a claimant is still unsatisfied with the decision, he/she may appeal to the United States Court of Appeals for the Federal Circuit.  A formal appeal to this court must take place within 60 days of the final CAVC decision.

If a claimant is not satisfied with the decision from the United States Court of Appeals for the Federal Circuit, he/she may petition the United States Supreme Court to hear the case.  This petition, know as a petition for certiorari, must be filed within 90 days of the final decision of the United States Court of Appeals for the Federal Circuit.

As you can see from the above information, the VA appeal process is time-sensitive and can be confusing.  A claimant may always seek the representation of an accredited agent or accredited attorney to assist in wading through the appeal process paperwork and to represent them at a hearing.  When a claim reaches the appellate stages, it is legal for an accredited agent or attorney to receive compensation for their representation. The terms and amount of that compensation must be approved by the VA.  Generally, an accredited agent or attorney will seek only to collect compensation if the appeal is successful, charging a contingent fee based upon the award.

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Still confused? All of our attorneys are accredited with the VA.  Give us a call!

225-769-4200

or

800-769-3522

Vietnam War Vets and Agent Orange Exposure

Veterans of the Vietnam War who served anytime from February 28, 1961 through May 7, 1975 and have later been diagnosed with certain diseases or illnesses may be entitled to service connected benefits as they are presumed to have been exposed to Agent Orange and other herbicides.

The list of these diseases/illnesses is as follows: Acute and Subacute Peripheral Neropathy, AL Amyloidosis, B Cell Leukemia, Chloracne (or other similar Acneform Disease), Chronic Lymphocytic Leukemia, Type 2 Diabetes, Hodgkin’s Disease, Ischemic Heart Disease, Multiple Myeloma, Non-Hodgkin’s Lymphoma, Parkinson’s Disease, Prophyria Cutanea Tarda, Prostate Cancer, Respiratory Cancers, and Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi’s sarcoma, or Mestholioma).

If you served in the Vietnam war in the period of time cited above and have been diagnosed with any of the above illnesses, it is presumed that you have a service-connected disability and you may be entitled to disability compensation.

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 The list above and more information about Agent Orange presumptions can be found at:

 www.publichealth.va.gov/exposures/agentorange/diseases.asp#veterans