Elder Law
Protecting the rights of older people and preventing their exploitation, abuse, and
neglect are important issues that often require legal intervention. Predatory
lending, home repair scams, and other types of financial exploitation can have
tragic consequences for seniors. Older people might also require assistance in the
areas of public benefits, probate and estate planning,
guardianship/conservatorship, and health and long-term care planning. An
attorney can assist older people understand their legal rights and protect them
from those that might seek to take advantage of them.
Social Security
Social Security is a social insurance program that provides old-age benefits for
retirees and their survivors, disability insurance for workers and survivor benefits
for dependents. (See Welfare Law, below.) Currently, Social Security is funded by
a payroll tax.
Welfare Law
In the United States, welfare benefits for individuals and families with no or low
income had been almost non-existent prior to the Great Depression of the 1930s.
With millions of people unemployed, the federal government saw income security
as a national problem. In addition to establishing two major "social insurance"
programs to respond to future income loss (Social Security and Unemployment
Compensation), the Social Security Act of 1935 launched federal grants to support
state welfare programs for low-income elderly and families with children. The
former evolved into a federally administered program for the elderly, blind, and
disabled, Supplemental Security Income (SSI). The latter became Aid to Families
with Dependent Children (AFDC). Both were supplemented by two important "in
kind"benefit programs also funded by the federal government -- Medicaid and
Food Stamps. Needy individuals not meeting the eligibility criteria for these forms
of federally assisted or supported welfare may qualify for purely state or state and
local relief, often called general assistance.
In 1996, Congress passed the Personal Responsibility and Work Opportunity
Reconciliation Act (Welfare Reform Act). The new law eliminated AFDC, placed
permanent ceilings on the amount of federal funding for welfare, and gave each
state a block grant of money to help run its welfare program. For example, under
the 1996 law, federal funds may only be used to provide a total of five years of aid
in a lifetime of a family. Another significant change was the complete exclusion of
legal aliens from receiving any SSI benefits. The passage of the Contract with
America Advancement Act of 1996 further narrowed the number of people allowed
to receive SSI disability benefits by requiring that drug addiction or alcoholism not
be a material factor in their disability.
The law governing entitlement and benefit to any one of these welfare programs
is complex. For individuals or families involved with more than one of them the
situation is even more so. Federal law applies to federal benefits like SSI and in
some respects, to federally funded benefits administered by the states, as AFDC
used to be and Medicaid remains. Both federal and state programs must comply
with Constitutional standards in setting eligibility rules and procedures for
applying them.
Protecting the rights of older people and preventing their exploitation, abuse, and
neglect are important issues that often require legal intervention. Predatory
lending, home repair scams, and other types of financial exploitation can have
tragic consequences for seniors. Older people might also require assistance in the
areas of public benefits, probate and estate planning,
guardianship/conservatorship, and health and long-term care planning. An
attorney can assist older people understand their legal rights and protect them
from those that might seek to take advantage of them.
Social Security
Social Security is a social insurance program that provides old-age benefits for
retirees and their survivors, disability insurance for workers and survivor benefits
for dependents. (See Welfare Law, below.) Currently, Social Security is funded by
a payroll tax.
Welfare Law
In the United States, welfare benefits for individuals and families with no or low
income had been almost non-existent prior to the Great Depression of the 1930s.
With millions of people unemployed, the federal government saw income security
as a national problem. In addition to establishing two major "social insurance"
programs to respond to future income loss (Social Security and Unemployment
Compensation), the Social Security Act of 1935 launched federal grants to support
state welfare programs for low-income elderly and families with children. The
former evolved into a federally administered program for the elderly, blind, and
disabled, Supplemental Security Income (SSI). The latter became Aid to Families
with Dependent Children (AFDC). Both were supplemented by two important "in
kind"benefit programs also funded by the federal government -- Medicaid and
Food Stamps. Needy individuals not meeting the eligibility criteria for these forms
of federally assisted or supported welfare may qualify for purely state or state and
local relief, often called general assistance.
In 1996, Congress passed the Personal Responsibility and Work Opportunity
Reconciliation Act (Welfare Reform Act). The new law eliminated AFDC, placed
permanent ceilings on the amount of federal funding for welfare, and gave each
state a block grant of money to help run its welfare program. For example, under
the 1996 law, federal funds may only be used to provide a total of five years of aid
in a lifetime of a family. Another significant change was the complete exclusion of
legal aliens from receiving any SSI benefits. The passage of the Contract with
America Advancement Act of 1996 further narrowed the number of people allowed
to receive SSI disability benefits by requiring that drug addiction or alcoholism not
be a material factor in their disability.
The law governing entitlement and benefit to any one of these welfare programs
is complex. For individuals or families involved with more than one of them the
situation is even more so. Federal law applies to federal benefits like SSI and in
some respects, to federally funded benefits administered by the states, as AFDC
used to be and Medicaid remains. Both federal and state programs must comply
with Constitutional standards in setting eligibility rules and procedures for
applying them.
Pension Law
Upon retirement many workers continue to receive monetary compensation from
their employer in the form of a pension. There are mainly two types of pensions.
Under a defined benefit plan the benefit that an employee receives is normally
based on the length of a workers employment and the wages that were received.
Each employee does not have a separate account in these programs, as the
money to support the pensions is generally administered through a trust
established by the employer. In a defined contribution plan the employer makes
regular deposits into an account established for each employee. The employee is
not guaranteed to receive a given amount during retirement but only the amount
in the account.
Pensions are governed primarily by federal statutory law. Congress passed the
Employee Retirement Income Security Act (ERISA) under its Constitutional
mandate to regulate interstate commerce. See U.S. Constitution, Art. I, § 8. The
act was passed in response to the mismanagement of funds in direct benefit
plans. All employers who engage in interstate commerce and provide defined
benefit plans to their employees must abide by ERISA guidelines. The provisions of
ERISA do not apply to defined compensation plans.
ERISA is highly complicated and provides detailed regulations for many aspects of
defined contribution plans. ERISA requires that employers provide both the Labor
Department and its employees with detailed descriptions of the benefits they are
to receive. It also outlines which employees must receive a pension if they are
offered and requires that a percentage of the retirement benefits become vested
in the employees after they have worked for a given number of years and/or have
reached a given age. ERISA also requires that pension plans provide benefits to
an employers survivors upon his death. The legislation also requires employers to
adequately fund the program and establishes fiduciary responsibilities that must
be adhered to. ERISA also establishes the Pension Benefit Guaranty Corporation
to insure defined benefits plans. (PBGC). Employers must pay premiums so that
their plans are covered by the PBGC. The termination of plans is also extensively
regulated.
To encourage employers to provide pension plans that follow
Congressionally-established guidelines such as ERISA Congress has authorized
tax breaks to employers who follow the guidelines. Title 26 (the Internal Revenue
Code) establishes numerous qualifications and requirements in order for an
employer to receive special tax treatment. For example, pension plans must be
vested and must meet minimum coverage requirements.
Upon retirement many workers continue to receive monetary compensation from
their employer in the form of a pension. There are mainly two types of pensions.
Under a defined benefit plan the benefit that an employee receives is normally
based on the length of a workers employment and the wages that were received.
Each employee does not have a separate account in these programs, as the
money to support the pensions is generally administered through a trust
established by the employer. In a defined contribution plan the employer makes
regular deposits into an account established for each employee. The employee is
not guaranteed to receive a given amount during retirement but only the amount
in the account.
Pensions are governed primarily by federal statutory law. Congress passed the
Employee Retirement Income Security Act (ERISA) under its Constitutional
mandate to regulate interstate commerce. See U.S. Constitution, Art. I, § 8. The
act was passed in response to the mismanagement of funds in direct benefit
plans. All employers who engage in interstate commerce and provide defined
benefit plans to their employees must abide by ERISA guidelines. The provisions of
ERISA do not apply to defined compensation plans.
ERISA is highly complicated and provides detailed regulations for many aspects of
defined contribution plans. ERISA requires that employers provide both the Labor
Department and its employees with detailed descriptions of the benefits they are
to receive. It also outlines which employees must receive a pension if they are
offered and requires that a percentage of the retirement benefits become vested
in the employees after they have worked for a given number of years and/or have
reached a given age. ERISA also requires that pension plans provide benefits to
an employers survivors upon his death. The legislation also requires employers to
adequately fund the program and establishes fiduciary responsibilities that must
be adhered to. ERISA also establishes the Pension Benefit Guaranty Corporation
to insure defined benefits plans. (PBGC). Employers must pay premiums so that
their plans are covered by the PBGC. The termination of plans is also extensively
regulated.
To encourage employers to provide pension plans that follow
Congressionally-established guidelines such as ERISA Congress has authorized
tax breaks to employers who follow the guidelines. Title 26 (the Internal Revenue
Code) establishes numerous qualifications and requirements in order for an
employer to receive special tax treatment. For example, pension plans must be
vested and must meet minimum coverage requirements.
Elder, Social Security, Welfare, and Pensions
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Law Offices of Christopher J. Shellito, Esq., LLC
5510 Pearl Road, Suite 300
Parma, Ohio 44129
(440) 885-LAWS (5297)
(440) 885-5318 Facsimile
E-Mail: chris@shellitolaw.com
5510 Pearl Road, Suite 300
Parma, Ohio 44129
(440) 885-LAWS (5297)
(440) 885-5318 Facsimile
E-Mail: chris@shellitolaw.com
| Law Offices of Christopher J. Shellito, Esq., LLC 5510 Pearl Road, Suite 300 Parma, Ohio 44129 (440) 885-LAWS (5297) (440) 885-5318 Facsimile E-Mail: chris@shellitolaw.com |