Varian Law LLC

Bored With Retirement? Here are 13 Companies Actively Recruiting Senior Citizens

“In response to cries for more skilled, qualified workers, many companies are turning back to those they may have overlooked – senior citizens.”

Whether you need extra income to support yourself, or you’re just looking to interact with others, you may be in luck – more companies are actively seeking out senior citizens to work for them. In fact, your next Venti Soy Vanilla Latte could be served to you by, not a millennial, but a Baby Boomer. A forward-thinking Starbucks in Mexico City is staffed almost entirely by senior citizens, in an effort to change social attitudes about seniors in the workforce. This Starbucks is not alone – other businesses are seeing the value of hiring older workers.

Why Are Companies Targeting Senior Citizens for Employees?

It’s no secret that there’s been a trend to hire younger workers. According to a study at Texas A&M University, job applicants over 50 were 40% less likely to be called for an interview than their younger counterparts. David Neumark, director of the Center for Economics & Public Policy at the University of California, Irvine, cites stereotyping and prevailing social attitudes as culprits in age discrimination in the workplace.

In response to cries for more skilled, qualified workers, many companies are turning back to those they may have overlooked – senior citizens. A quick internet search can yield a gold mine of jobs for seniors. Here are some of them: General Mills, KPMG, Pfizer, Rover.com, Kimberly-Clark, United Way, Liberty Tax Service, Wegmans Food Markets, Omni Systems, H&M, Government Accountability Office, Nike and Goodwill.

How Do Seniors Find Jobs?

While times have changed, and the age of pounding the pavement looking for work may seem all-but-over, there are ways for senior citizens of varying technological skills to find a job.

1. Inquire at your favorite shopping establishment, either in person or by phone.
2. Use online tools like Indeed.com, Monster.com, or Glassdoor.com.
3. Check with local senior centers – some may offer job search resources.
4. Talk to friends and family about your goals – someone may have just the position for you.

What if I Face Age Discrimination in the Workplace?

With more companies embracing older workers, there are still those that prefer younger workers and make a habit of ignoring resumes of older applicants. If you believe you have been passed over because of your age, consider speaking with an attorney to determine what your options are.

References:

Magicvalley.com - This Starbucks Is Staffed Entirely By Senior Citizens (Accessed September 15, 2018) https://magicvalley.com/lifestyles/simplemost/this-starbucks-is-staffed-entirely-by-senior-citizens/article_1ba75a04-b6e4-5c15-8d87-b0bc10ea6b6b.html

Forbes - The Age Discrimination Law At 50: A Mixed Bag (Accessed September 15, 2018) https://www.forbes.com/sites/nextavenue/2017/02/14/the-age-discrimination-law-at-50-a-mixed-bag/#da258ec1cf16

Glassdoor.com - Over 50? Here Are 12 Incredible Companies Hiring Now! (Accessed September 15, 2018) https://www.glassdoor.com/blog/companies-hiring-over-50/

Monster.com - 10 companies that really care about their older workers (Accessed September 15, 2018) https://www.monster.com/career-advice/article/companies-friendly-toward-older-workers-1217

Care.com - 12 Part-time Jobs for Seniors (Accessed September 15, 2018)   https://www.care.com/c/stories/5443/part-time-jobs-for-seniors/

Seniors - Thinking About Selling Your Home? Beware of IRMAA

Senior citizens relying on Social Security and Medicare benefits usually have an eye on the pocket book – and with good reason. General inflation, fluctuating Medicare premiums and the high cost of aging can wreak havoc on carefully-constructed budgets. When money becomes tight, retirees on a fixed-budget may decide to downsize and sell their homes, or sell off some stocks to pad the bank account. Unfortunately, these measures can have catastrophic effects on government benefits.

What is IRMAA?

IRMAA is short for Income-Related Monthly Adjustment Amount, and refers to a notice sent out by the Social Security Administration to let Medicare beneficiaries know how much their premiums will be next year. If there have been changes in a senior citizen’s annual income, Medicare premiums could increase and Social Security benefits could decrease. IRMAA can be a life-changing term for seniors caught unaware.

What Happens to Medicare and Social Security Benefits if a Senior Citizen Sells Assets?

While you may think assets like your home, stocks and other non-liquid assets have already been factored into the Social Security/Medicare equation, think again. If you decide to sell your home or stocks, any profit you make is considered income for Social Security and Medicare purposes.

When a senior’s income increases, government benefits decrease. In one case, an 84-year-old man faced a 23% reduction in his benefits because of the sale of assets.

Are All Seniors Negatively Affected by IRMAAs?

Not necessarily. Seniors who are determined to be high-income retirees are most negatively affected by these notices. High-income retirees are those who have modified adjusted gross incomes over $85,000 (for single seniors) or $170,000 (for married seniors). Senior citizens who are just below the threshold of high-income retirees can easily be pushed over the threshold, by the sale of a home or other high-worth asset.

What If I’m Not Sure that I’m a High-Income Retiree?

Before selling assets, senior citizens are wise to discuss their situation with a tax professional who can assess your risk for IRMAA surcharges and advise you on the best way to maximize your benefits and income.

References:

Investment News - Medicare surcharge notices are shocking retirees (Accessed September 15, 2018) http://www.investmentnews.com/article/20171205/FREE/171209973/medicare-surcharge-notices-are-shocking-retirees

Investopedia - Understanding IRMAA: The Medicare Surcharge (Accessed September 15, 2018)  https://www.investopedia.com/advisor-network/articles/understanding-irmaa-medicare-surcharge/

Is Alzheimer’s Inevitable?

“Research seems to indicate that you can take control of your brain health and, in some cases, possibly prevent memory decline and dementia.”

Many people think that everyone will develop Alzheimer’s disease if they live long enough, and that dementia is an inevitable part of growing old.  The assumption is that brain cells degrade or die, and after enough time, a person does not have enough active, healthy brain cells to function correctly.

Scientists now challenge that assumption, calling it one of several myths about aging. Research seems to indicate that you can take control of your brain health and, in some cases, possibly prevent memory decline and dementia. Since some of the prevention steps need to take place well before a person is elderly, people of all ages should ask Is Alzheimer’s inevitable?

Seven of the Top Risk Factors for Alzheimer’s Disease

Most people who eventually develop Alzheimer’s disease fit into at least one of these categories:

• Mid-life high blood pressure
• Mid-life obesity
• Physical inactivity
• Smoking
• Low level of completed education
• Diabetes
• Depression

How to Lower Your Risk of Alzheimer’s Disease

Many of these risk factors can be controlled or eliminated, reducing one’s risk of developing dementia later in life. Several of the items are inter-related. If you take one well-targeted step to address one factor, it can improve your condition in other areas.

Let’s say that you decide to tackle the risk factor of physical inactivity. You start a walking program and work up to thirty-minute walks on most days. You will eliminate the physical inactivity factor, and probably reduce your blood pressure and lose weight, knocking out two additional items on the risk list.

The Other Side of the Coin

Although there is hope for reducing your odds of developing dementia, advanced age is still the number one risk factor. The older you get, the more likely you are to develop Alzheimer’s. With people living longer than ever before, we are likely to see more cases of the disease, even with knowledge about prevention. Because of an aging population, experts estimate that, by the year 2050, there will be well over 100 million people in the world with Alzheimer’s, which is triple the current number.

Researchers are working hard to figure out the process by which the seven factors listed above trigger Alzheimer’s later in life. However, it seems clear that the better your physical and emotional health, the better your chances of avoiding dementia. It is unknown whether addressing the seven risk factors can overcome a possible genetic predisposition to Alzheimer’s.

Earlier research indicated that half of all cases of Alzheimer’s are preventable by addressing the risk factors. A more recent study, however, shows the number to be only one-third instead of one-half, because many of the elements overlap. Still, preventing one-third of the cases of Alzheimer’s would be fantastic, particularly if Alzheimer’s tends to run in your family.

Use It or Lose It

Many experts believe that to keep your brain healthy, you must be intellectually active. People who do not engage their minds on a daily basis are more likely to experience mild cognitive impairment or dementia. If you swore that you would never read another book after you graduated from high school, better find a subject you like and start reading if you want to keep your brain healthy. Learning a foreign language, taking up a new hobby, even listening to a different genre of music occasionally, can keep your little gray cells happy and healthy.

Take good care of your physical and mental health, and talk with an elder law attorney near you about how to protect your finances and your future with a power of attorney, health care directive and other legal documents.

References:

AARP. “Alzheimer’s is Not Inevitable: Myths of the Aging Brain.” (accessed September 13, 2018) https://states.aarp.org/alzheimers-is-not-inevitable-myths-of-the-aging-brain/

BBC. “One in three Alzheimer’s cases preventable, says research.” (accessed September 13, 2018) https://www.bbc.com/news/health-28262878

Does Your Loved One Need to Be Evaluated for Alzheimer’s?

“When symptoms of Alzheimer’s do show up, they will vary based on the severity of the disease.”

Many people mistakenly assume that if an older person becomes a little forgetful, he is developing Alzheimer’s disease. Experts, however, assure worried relatives that Alzheimer’s is not when you forget where you put your keys – Alzheimer’s is when you forget why or how to use keys. If your older relative’s behavior has changed, you might be wondering does your loved one need to be evaluated for Alzheimer’s?

The National Institute on Aging, a division of the National Institute of Health, says that toxic changes take place in the brain about ten years or more before symptoms surface. When symptoms of Alzheimer’s do show up, they will vary based on the severity of the disease. Some people thought to be developing dementia only have mild cognitive impairment ... they may or may not eventually have Alzheimer’s.

Early Signs of Mild Cognitive Impairment

Mild cognitive impairment (MCI) is not a guarantee that the person’s condition will worsen. Quite a few older adults have MCI that never becomes moderate or severe and does not develop into Alzheimer’s. Your elderly relative might have MCI if he:

• Struggles to find the right words to use
• Misses appointments and get-togethers because he forgot about them
• Frequently loses or misplaces things

Mild Alzheimer’s Disease Symptoms

With mild Alzheimer’s, your loved one can act like a different person sometimes, with extreme personality changes and mood swings. She might get aggressive, paranoid, or suffer severe anxiety. She might wander away from home and not be able to find her way back. In addition to losing things, she might put things in odd places, like putting her shoes in the refrigerator. He might be able to complete ordinary tasks he has performed for decades, but it might take him an hour to get dressed, for example.

One hallmark of Alzheimer’s is that the person loses the ability to handle his finances. Bills go unpaid, and he exercises poor judgment about financial decisions.

Moderate Alzheimer’s Disease Symptoms

At the moderate stage of the disease, your loved one might lose the ability to perform tasks that involve more than one step. Preparing for bed, fixing a sandwich, or getting dressed can be too complicated at this stage. She might struggle with reading and writing. Numbers might no longer make sense for her.

Emotional changes become more pronounced at this stage. Her confusion and memory issues can worsen. She might become paranoid and delusional, and experience hallucinations. She might burst into tears without warning or apparent cause. Outbursts of anger, impulsive behavior, inappropriate actions and agitation are common. She might not always recognize close friends or relatives.

Severe Alzheimer’s Disease Symptoms

As the disease progresses, the signs focus more on the body than the emotions. The person is often bed-ridden most or all of the time, and cannot communicate with those around him. His body is shutting down. Seizures are common. Swallowing becomes more difficult, and he loses weight. People often lose control of their bladders and bowels in this stage. Because they are in bed most of the time and struggle to swallow, their food or liquids can go into the lungs and cause aspiration pneumonia, which is often fatal in this disease.

If your loved one exhibits symptoms of MCI or any stage of Alzheimer’s disease, make sure he gets a thorough medical examination, so he can get the care he needs.

References:

Alzheimer’s Association. “10 Early Signs and Symptoms of Alzheimer’s.” (accessed September 13, 2018) https://www.alz.org/alzheimers-dementia/10_signs

National Institute on Aging. “What Are the Signs of Alzheimer’s Disease?” (accessed September 13, 2018) https://www.nia.nih.gov/health/what-are-signs-alzheimers-disease

Does Your Loved One Need a Memory Care Facility?

Just because your aging relative needs some assistance with daily living activities, like meal preparation and bathing, and has become a little forgetful, do not automatically assume that he needs to move into a memory care facility. On the other hand, if he has a diagnosis of Alzheimer’s or some other form of dementia or is experiencing cognitive decline, you do not want to ignore these needs.

Many assisted living centers provide supports for seniors with dementia issues. Not all older adults are good candidates for assisted living, however. Some people need the services of a dementia special care unit within an assisted living development or a stand-alone facility that devotes itself entirely to people who need memory care.

Types of Memory Care

You have two primary options for memory care – one is part of an assisted living center, and the other specializes in dementia and cognitive impairment. Each one has pros and cons that you should evaluate through the lens of your aging relative’s condition.

• Memory care units within assisted living developments usually provide supervision and care 24 hours a day. These facilities tend to be “lock-down” areas to keep the resident from wandering off or otherwise being harmed. Residents often move to the memory care unit from a more independent section of the assisted living center, where they lived during an earlier stage in the disease. Transferring the resident to the specialized unit within the same development can be less traumatic and stressful than uprooting him to a completely different facility.
• Stand-alone memory care facilities often provide advantages that many specialized care units in assisted living facilities cannot match. For example, some memory care centers have a circular layout, to accommodate the Alzheimer patient’s need to walk for an extended time, yet allow her to stay indoors in a safe, supervised location. Because the architecture focuses on the needs of the patient, the security aspects are usually less obvious in a memory care facility than in an assisted living center that “retrofits” existing space for memory care.

Both types of facilities should provide structured programs and activities that cater to the unique needs of residents who are living with dementia or cognitive issues. There should be appropriate spaces outdoors as well as indoors, where they can engage in physical activities, interact socially and stimulate their interests.

Which One Is the Right Choice for Your Relative?

Your loved one’s level of dementia or cognitive impairment will determine which of these options is in his best interests:

• Memory care facility focused solely on dementia and cognitive issues
• Specialized care unit within an assisted living center
• Standard set-up in an assisted living center
• Nursing home
• Living in the community with supports

The more complex his medical and functional needs, the more likely he is to need a higher level of care. If you are still on the fence, talk with his treating physician about the setting that would best provide for your loved one’s care and safety.  You should also realize that the right decision today might be the wrong choice tomorrow, if his condition changes. Finding the most appropriate facility can be a moving target.

Be sure to talk with an elder law attorney in your area to discuss your options.

References:

Senior Living Residences. “How Do You Know If It’s Time For Memory Care?” (accessed September 13, 2018) https://www.seniorlivingresidences.com/family-guide/alzheimers-information/is-it-time-for-memory-care-assisted-living/

A Place for Mom. “Assisted Living vs. Memory Care.” (accessed September 13, 2018) https://www.aplaceformom.com/blog/2013-3-4-assisted-living-vs-memory-care/

Which Is Appropriate for Your Loved One – Assisted Living or a Nursing Home?

A generation ago, people assumed that if an aged person could no longer live at home, she needed to go into the nursing home. There were few alternatives to nursing homes for the elderly. However, there are now multiple levels of care available.

As a result, your loved one might be able to choose a less restrictive environment than a nursing home. Of course, you want to make sure she is getting the appropriate care, so you need to know which is appropriate for your loved one – assisted living or a nursing home?

Many people who are considering a nursing home, switch their choice to an assisted living center or other options, when they learn more about these facilities. Only about 20 percent of people exploring this issue online select a nursing home. About a third move into assisted living, and nearly half do not choose either one.

Five Questions to Determine the Level of Care Your Older Relative Needs

To help you make this important decision, here are five things to ask about your loved one:

1. Does he need ongoing medical care? If he can, for example, monitor his own blood sugar (if diabetic and reliably take his medications), he might be a good candidate for assisted living. However, if he needs wound care that is difficult for him to reach, is on kidney dialysis, or has other ongoing medical issues, a nursing home might be the better choice, since nursing care is available around the clock.
2. Does she have Alzheimer’s or another form of dementia? Dementia has many aspects beyond confusion and memory issues. She might develop difficulty with swallowing or eating. She might become aggressive or combative, or leave the facility in the middle of the night in freezing temperatures. Depending on the stage of her disease, she might be able to get by in a memory-care unit of an assisted living center for a while, but eventually she might need a nursing home.
3. Is he able to walk on his own or with a cane or walker? The more ambulatory he is, the better a candidate he is for an assisted living facility. If he needs assistance walking, sitting, standing, or transferring from one position to another, a nursing home might help him avoid falls. Nursing homes have staff onsite 24 hours a day to assist with transfers and prevent him from falling. However, if he lives by himself in an apartment at an assisted living center, it could be many hours before anyone would realize that he fell.
4. Does she only need help for a short time? If she is recuperating from a surgery or other qualifying condition, she could get the care she needs from a skilled nursing facility (SNF). Sometimes nursing homes have a specialized unit that provides SNF care. Medicare will cover eligible SNF stays for up to 100 days. Just make sure she goes to an SNF, not a standard nursing home, as Medicare does not cover regular nursing home stays.
5. Does he need help with personal care? If he is in overall good health, but needs some assistance with the routine aspects of personal care, like meal preparation, bathing, and toileting, an assisted living center might be a good fit. Basic care at an assisted living facility can be less expensive than living at a nursing home, and many people experience greater comfort and privacy in assisted living centers than in nursing homes.

Make sure that your aging loved one has all the legal documents she needs to protect her assets and herself ... talk to an estate planning and/or elder law attorney in your area to discuss their options.

References:

A Place for Mom. “Nursing Home Care vs. Assisted Living.” (accessed September 13, 2018) https://www.aplaceformom.com/planning-and-advice/articles/nursing-home-care-vs-assisted-living

Assisted Living.com. “Assisted Living: A Self-Assessment Checklist.” (accessed September 13, 2018) https://www.assistedliving.com/assisted-living-versus-nursing-homes-02-08-2013/

What Is the Difference Between a Skilled Nursing Facility and a Nursing Home?

People often use the terms “nursing home” and “skilled nursing facility” interchangeably.  However, they are distinctly different levels of care. Insurance coverage and government assistance also vary between the two, as does the cost. If your loved one needs help with medical care or personal living activities, you need to know what is the difference between a skilled nursing facility and a nursing home?

Contributing to the confusion in terminology is the fact that many nursing homes contain special units, which provide skilled nursing services. When this article uses the term “skilled nursing facility” (SNF), it will mean either a stand-alone SNF or a specialized SNF ward within a traditional nursing home.

Cost and Services

Because a skilled nursing facility provides a higher level of care than a traditional nursing home, you can expect to pay considerably more to stay at an SNF than at a nursing home. The SNF will also provide more services.

In a traditional nursing home, the resident will get a shared or private room, meals, laundry service, housekeeping, some utilities, activities and entertainment, and possibly limited transportation. They will receive some support with transferring from the bed to a chair. Staff will also assist with bathing, dressing, grooming, and feeding, as needed. The nursing home will provide limited medical care and administer routine medications. However, the primary focus of a nursing home is custodial care, not medical treatment.

At a skilled nursing facility, the staff will provide everything that the traditional nursing home offers, as well as additional medical services like wound care, post-surgical care and dialysis. The SNF staff also perform physical therapy, occupational therapy, and speech-language pathology services needed for the patient to recuperate from an illness, injury, or surgery. The person receiving the care is more a patient than a resident, since SNFs are usually for short-term recuperative stays.

Staff

Nurse’s aides and attendants usually provide the majority of the hands-on resident care at a nursing home. There will be a limited professional staff of registered nurses (RNs) and licensed practical nurses (LPNs) at a traditional nursing home.

SNFs, on the other hand, have more professional staff to provide the higher level of medical care the patients need. RNs, LPNs, and various therapists perform many of the services at an SNF.

Medicare and Medicaid

Medicare does not pay for nursing home stays that are merely for custodial care. Medicare will pay for some brief stays in the SNF that meet the stringent eligibility guidelines of the funding program.

Medicaid, however, pays the bill for a large percentage of the residents in traditional American nursing homes. Medicaid also has strict requirements for eligibility, and if you make one wrong step, it can cost you tens of thousands of dollars. You must have low income and few assets to qualify for Medicaid, but you cannot just abruptly give your assets to your children and friends and expect to qualify for Medicaid. Medicaid will look at how you handled your finances for the five years before going into the nursing home.

Speak with an elder law attorney in your area to find out your State’s rules on Medicare and Medicaid funding of skilled nursing facilities and traditional nursing homes.  

References:

Senior Caring. “The difference Between Skilled Nursing Facilities and Nursing Homes.” (accessed September 13, 2018) https://www.seniorcaring.com/resources/the-difference-between-skilled-nursing-facilities-and-nursing-homes

Aging Care. “What’s the Difference Between Skilled Nursing and a Nursing Home?” (accessed September 13, 2018) https://www.agingcare.com/articles/difference-skilled-nursing-and-nursing-home-153035.htm

Senior Advice. “The Difference Between Skilled Nursing and Nursing Home Care.” (accessed September 13, 2018) https://www.senioradvice.com/articles/the-difference-between-skilled-nursing-and-nursing-home-care

Government Benefits for Older Americans

You might not be aware of all the state and federal benefits programs that are available for older Americans. These programs can make life more comfortable for seniors, and can make the difference between having (and not having) food security and medical care. You owe it to yourself or your loved one to check out the government benefits for older Americans.

Quick Tool to Check Your Eligibility

The National Council on Aging provides a quick and easy online tool to see which programs can help ease your financial obligations. You start by entering your zip code, and the tool searches over 2,500 benefits programs.

The Benefits Quick Link tool found 93 benefits that match a hypothetical 67-year-old married California female veteran with a combined income of $30,000 a year. These include programs offering:

• Medication benefits
• Health care benefits
• Income assistance
• Food & nutrition
• Housing & utilities
• Tax relief
• Veterans benefits
• Employment
• Education
• Discounts
• Other assistance

Changing the state information only, from California to Missouri, reduced the number of benefit program matches to 86. The same person matches 97 benefit programs in New York, and 88 in Utah.

Finding Benefits in Your State

AARP provides public benefits guides they co-wrote with the National Council on Aging for each state. You can print them in PDF format. These guides explain the application process and eligibility guidelines for (depending on your state):

• Medicare, Medicaid, and additional Medicare programs
• Property tax relief
• Heating and cooling bills
• Wireless or home phone service
• Nutritious food
• Monthly cash payments in the form of Social Security retirement benefits or Supplemental Security Income (SSI)
• Resources to locate additional social services and benefits programs

There are dozens of state and federal benefit programs for seniors across the nation. Benefit programs for seniors are different in every state, so you should talk with an elder law attorney near you.

References:

National Council on Aging. “BenefitsCheckUp.” (accessed September 6, 2018) https://www.benefitscheckup.org/?CFID=22066945&CFTOKEN=61367067

AARP. “Your Guide to Public benefits.” (accessed September 6, 2018) https://www.aarp.org/aarp-foundation/our-work/income/info-2012/public-benefits-guide-senior-assistance1.html

Does Your Aging Loved One Qualify for Medicaid?

If you have an older relative or friend without health insurance, you might wonder if Medicaid could meet her need for coverage. Going without health insurance is risky, especially in advanced age. One trip to the emergency room can cost thousands of dollars, and prescription drugs can cost hundreds of dollars a month. If she is not eligible for Medicare, does your aging loved one qualify for Medicaid?

Many people mistakenly believe that everyone gets Medicare when they turn 65. This assumption is incorrect. You must have worked for enough years at jobs that earned enough money and paid into the Social Security system to get Medicare when you hit 65. Medicare is an insurance system that receives part of its funding from the payroll deductions employers withhold from workers’ wages and that employers also pay in matching contributions.

Medicaid is a Safety Net

If a senior did not work enough years at jobs that paid Social Security taxes or worked only part-time, he might not qualify for Medicare. Let’s say he is self-employed as a house painter, but he barely made enough money to survive. His Social Security and Medicare payments through the years were not enough to make him eligible for Medicare, so he has “slipped through the cracks.” Far more Americans are in this situation than people might realize.

As a matter of public policy, we do not want people to be destitute at any age. Medicaid is the safety net that can provide needed medical care for seniors who cannot afford health insurance and do not qualify for Medicare. In some situations, Medicaid will pay for a senior’s Medicare premiums, deductibles, and coinsurance.

How to Qualify for Medicaid

Federal law requires states to provide Medicaid health insurance for people in certain categories, including low income. States use a person’s Modified Adjusted Gross Income (MAGI) to determine Medicaid eligibility. The maximum qualifying MAGI can change every year. People who are blind, disabled, or age 65 and older use the income guidelines of the Supplemental Security Income (SSI) program to qualify for Medicaid, instead of MAGI.

The SSI guidelines include both income and asset limits. If you earn $1,820 a month or more in 2018, you will not be eligible for Medicaid, but not everything counts as income.

An individual can own no more than $2,000 in assets ($3,000 for a couple), but Medicaid exempts some assets from this total. Exempt assets include such things as your home as long as you live in the house, your household goods and personal items and the vehicle that transports you.

Your state’s Medicaid program might have different requirements, but they cannot provide less than the federal law requires. In other words, your state might provide better Medicaid benefits or use more lenient qualifying criteria than the federal law. It is also important to realize that the current MAGI income eligibility for Medicaid comes from the Affordable Care Act (ACA), which could change at any time due to changes in the political winds.

Medicaid regulations and benefits are different in every state, and can vary from the general law of this article. Make sure that you talk with a local elder law attorney to find out how Medicaid works in your state.

References:

Centers for Medicare & Medicaid. “Eligibility.” (accessed September 6, 2018) https://www.medicaid.gov/medicaid/eligibility/index.html

Social Security Administration. “Understanding Supplemental Security Income SSI Eligibility Requirements – 2018 Edition.” (accessed September 6, 2018) https://www.ssa.gov/ssi/text-eligibility-ussi.htm

What Is Age Discrimination in Housing?

“Age discrimination can include refusing to rent to an older person or not allowing people with small children to rent housing.”

If you are age 55 or older and a landlord refused to rent you an apartment, even though you have the financial means to pay the rent, you might suspect that the property manager is discriminating against you because of your age. What is age discrimination in housing? Treating someone differently, based only on his age, when deciding whether to rent residential property is age discrimination. Age discrimination can include refusing to rent to an older person or not allowing people with small children to rent housing. Both state and federal laws can apply to cases in which a person alleges illegal age discrimination.

Federal Law on Age Discrimination in Housing

The Housing for Older Persons Act (HOPA) is federal legislation that governs senior housing. HOPA addresses two types of senior properties – those for people aged 62 or older, and those for people who are at least 55 years of age. The federal law identifies the requirements for facilities to have the senior housing designation and legally prohibit people under a certain age from living there. The Age Discrimination Act of 1975 also prohibits age discrimination. Your state might have even more stringent rules about senior housing and age discrimination.

Filing a HUD Complaint for Housing Discrimination

The U.S. Department of Housing and Urban Development (HUD) provides a grievance process, if you think someone illegally discriminated against you in any of these situations:

• Renting a home
• Buying a home
• Obtaining a mortgage
• Applying for housing assistance
• Any other housing-related activity

The Office of Fair Housing and Equal Opportunity (FHEO) of HUD investigates complaints of housing discrimination and works to ensure fair housing and civil rights in residential properties within the HUD programs. You must file a complaint soon after the alleged violation. If you wait too long, you might lose your rights because of short deadlines.

It Is Illegal to Retaliate

You can also file a complaint for retaliation. Let’s say that you testified on behalf of someone who filed a complaint for age discrimination. The defendant in the complaint was the owner of the apartment complex where you live. If the landlord later takes adverse actions against you in retaliation, like jacking up your rent or refusing to renew your lease, you can file a HUD complaint.

Types of Age Discrimination

Discrimination comes in many shapes and forms. Here are a few examples of situations that can be age discrimination, depending on your state’s laws:

• Exercising a preference for young families, when renting or selling residential property.
• Imposing higher security deposits on younger tenants.
• Only making repairs for the older tenants.
• Designating an area of a housing complex as “adults only.”
• Not allowing families with children under the age of 18 to live in a complex that is not a senior housing development.
• In a senior housing complex, refusing to let a spouse or disabled child live with the senior resident who qualifies because of age.
• Rejecting the mortgage application of an older person because of age.

Your state’s laws on age discrimination in housing might vary from the general law covered in this article, so be sure to talk with an attorney in your area.

References:

Project Sentinel. “What is Age Discrimination?” (accessed September 6, 2018) https://housing.org/fair-housing/age-discrimination/

HUD. “File a Complaint.” (accessed September 6, 2018) https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint