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| Miles
and Tillie Pfeifer |
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Senior citizens need to be aware that there are many benefits like
Medicaid available through their state agencies. However, these agencies
do not necessarily advocate for the applicant. The Law Offices of Karen H. Weber
can make sure you receive all benefits to which you are legally entitled.
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In this case, Ms. Weber successfully demonstrated
to a state agency the proper interpretation of the governing law.
As a result, more persons in that state are receiving benefits to which
they are legally entitled. Ms. Weber has stopped the state agency from applying
the laws of other states to its citizens.
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Miles
and Tillie were farmers in the Midwest until their health
required their retirement. Tillie cared for her husband Miles
in their home for more than 10 years after his first stroke.
Eventually, it became unsafe for Tillie to continue caring for
Miles at home. In March of 2000, Miles moved to the nursing
home and Tillie moved into assisted living. He was 91 years
of age; she was 90 years of age. |
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Miles
and Tillie paid for his nursing home care and her rent obligations
for 18 months. During that time, they spent over $120,000.
In September 2001, Tillie filed an application for nursing home
Medicaid assistance.
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Although Miles met the state's requirements for Medicaid benefits,
the state agency denied his application based upon
the laws existing in two nearby states. Ms. Weber, on behalf
of Miles and Tillie, attempted to show the agency why such
action was unreasonable and impermissible under the state laws applicable to the agency.
The administrative law judge agreed with Ms. Weber, but the agency
appealed that decision. When a 3-member review committee (consisting
of 3 non-lawyers) reversed the administrative law judge, Ms.
Weber filed an appeal to the District Court.
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Following
numerous written briefs and oral arguments, the District Court
agreed with Miles and Tillie and ordered the agency to apply
the governing federal and state laws.
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The
legal services and advocacy provided by Weber Law Offices
have helped countless people in similar situations. Please
contact the firm if you would like Ms. Weber to assist you.
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Sarah
Simpson
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Ms. Simpson called our office following the loss of her husband
and her subsequent hospitalization and move to assisted
living. She and her late husband
had no children. A relative of her husband’s
had been assisting her, but she felt as if he may be taking
advantage of her. She hired us to assist her in the preparation
of a durable power of attorney and to determine whether her
affairs were in order. It was determined that indeed the relative could not account
for certain items, including some jewelry. We assisted Ms.
Simpson in avoiding guardianship and conservatorship by
drafting a good Durable Power of Attorney and obtaining a
reliable agent. Ms. Simpson now enjoys improved health and a
home healthcare companion. She is
doing quite well now some two years later.
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| James
and Abby Gore |
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Mr. James Gore came to us in late 2000 to discuss an
overwhelming and sad
situation. Mr. Gore’s young wife, Abby (age 44) had recently
had a brain aneurism and was now incompetent and on her way
to a nursing home for life. The couple had two children under the
age of 18. Mrs. Gore had been valedictorian of her high
school class and
she held a high regard for education. Unfortunately, Mr. Gore
was in a difficult position. The savings was held in Mr. Gore's qualified, employer sponsored
retirement plan. Mr. Gore is still young and employed and
did not want to withdraw early from his retirement. Mr. Gore
could stay married to his
wife and wait as their assets deplete to almost
nothing or he could divorce Abby and be able to send
his children to college as Abby always wanted. Ultimately, we
assisted Mr. Gore in the divorce action, a guardianship
action and the Medicaid application and qualification process.
Mr. Gore was so relieved to have a non-biased party help
him through these multiple difficult decisions. His divorce
was final near the holidays and he was distraught. The children
were having difficult time accepting the whole situation,
and James simply needed a friend. We provided
James with the friendship too.
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In
most cases, divorce is not recommended or necessary.
However, this young couple chose the action best for their family,
and most importantly, for the benefit of the young children.
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These
are just a few of the success stories we can share with you.
These are just some of the reasons we continue to excel in
the area of elder law
through the most difficult decisions one may ever make. If you or a loved one is struggling
to evaluate options and make these difficult decisions, please contact
the
Weber Law Offices at (913) 661-0550.
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