Ask the Expert- Will Sequester Cuts affect Medicaid and Veteran's Pensions?

Published: Fri, 02/22/13


 
 
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 Ask the Expert- Your Elder Law Questions Answered by Evan H. Farr, CELA
 
Ask the Expert- Sequester Cuts
 
 


Without Congressional action to prevent sequestration, the first round of cuts will take place on March 1, 2013. Many of us are concerned about these cuts and if they happen, how they will affect seniors and veterans. We here at The Fairfax Elder Law Firm of Evan H. Farr, P.C. are thrilled that sequester cuts will NOT affect Veteran's Pension Programs and Medicaid.  In this special issue, Evan Farr will answer frequently asked questions about sequestration.

Q. What is Sequestration?
 
A. When politicians and newscasters talk about sequestration, or "sequester cuts," they are referring to a fiscal policy enacted by Congress to deal with the federal budget deficit. Sequestration first appeared in the Gramm-Rudman-Hollings Deficit Reduction Act of 1985.  Simply defined, "sequestration" is the automatic cancellation of budgetary resources.  The Budget Control Act of 2011 (BCA) established a bipartisan 12 member Joint Select Committee on Deficit Reduction  charged with reducing the deficit by an additional $1.2 - $1.5 trillion over ten years. The BCA also included a sequestration hammer should the super committee fail, a provision intended to "force" the super committee to act.  Under sequestration, an amount of money equal to the difference between the cap set in the BCA and the amount actually appropriated is "sequestered" by the Treasury and not handed over to the agencies to which it was originally appropriated by Congress.

Despite the threat of sequestration, the Joint Select Committee failed, and announced its inability to agree in November of 2011.  Accordingly, as established in the BCA, sequestration was triggered when the Joint Select Committee failed to agree. Sequestration is scheduled to generate automatic cuts for each of nine years, 2013 through 2021, totaling $1.2 trillion. Sequestration was originally scheduled to take effect on Jan. 2, 2013. However, it was delayed for two months - until March 1, 2013, by the deal struck on New Year's Eve, called the American Taxpayer Relief Act of 2012.
Now, without Congressional action to prevent sequestration, the first round of cuts will take place on March 1, 2013. 
 
Q. Will Sequestration Actually Happen? 
A. No one knows.  The prospect of sequestration has come to seem so catastrophic that Congress so far has been unwilling to actually let it happen. Instead, Congress has repeatedly delayed the effective date or raised the Budget Resolution spending caps upward toward the end of the legislative session in order to match the actual totals already appropriated.  Whether this session of Congress will allow sequestration to occur or not remains to be seen.

The 2013 cuts apply to "discretionary" spending and are divided between reductions to defense ($500 billion) and non-defense ($700 billion).

Q. How do These Impending Cuts Affect Seniors and Veterans? 
A. "Discretionary spending" does cover government programs for poor and vulnerable citizens.  However, the Medicaid and Veterans benefits programs are specifically exempted from the Sequestration plan and will not be affected at all.

Q. What Can I Do to Plan?
A. The Sequestration cuts will be devastating to many when they occur.  We here at The Fairfax Elder Law Firm of Evan H. Farr, P.C.  are thrilled, however, that Veteran's Pension Programs and Medicaid are seen as mandatory items and will not be affected in these cuts.  As always, we urge you to plan ahead for your future and for your loved ones.  Call us today at 703-691-1888 to set up a free consultation.
 
 
- Evan H. Farr, CELA
 



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 Upcoming Events

 
All events are at The Law Firm of Evan H. Farr, P.C., 10640 Main Street, Suite 200, Fairfax, VA 22030.  RSVP today!  We hope to see you there.

Tuesday, March 5 from 6 - 7:30 p.m.- "Become More Aware about Long-Term Care Insurance" event-
Join us for an event focused on Long Term Care Insurance and enjoy some delicious refreshments!
 
Saturday, March 16:
Living Trust Plus Seminar: How to Protect Your Assets from the Expenses of Probate and Long Term Care
 
Library Seminars:
All library seminars are from 7-8:30 p.m.
 
Register for the following seminars on our website:
 
Monday, March 11
Lorton Library
9520 Richmond Highway
Lorton, VA 22079-2124
 
Monday, March 18
Burke Centre Library
5935 Freds Oak Road Burke, VA 22015
 
Thursday, March 28
Dolley Madison Library, 1244 Oak Ridge Avenue, McLean, VA 22101

-Learn what the most important estate planning document is, and find out whether yours is up-to-date!
 
-Find out if your Will is sufficient to meet your needs, or if a Trust is a better instrument for you!
 
-Find out how you can protect your assets from lawsuits, divorce, and long-term care creditors!
 
-Discover the important government benefits you or a loved one may want to qualify for in order to help pay for future long-term care expenses, including Medicaid and Veterans Aid & Attendance.

Presented by Evan H. Farr, CELA, principal attorney at The Law Firm of Evan H. Farr, P.C. in Fairfax, VA. http://www.farrlawfirm.com

News Especially for You!- Senior News Corner

Talking with Estranged Siblings about Planning for Parents
 

 
Siblings sometimes cease talking to one another or rarely do - and sometimes there are good reasons for this. For siblings who never got along as kids and have had little to do with each other as adults, being thrown together to make touchy decisions about long-term care for parents could prove to be disastrous.
 
However, when it comes to planning for a parent with health or memory issues, tackling the challenge alone can be a burdensome task.  Estranged siblings need to find a way to come together and find common ground. It can be done, but sometimes it takes a great deal of effort on all sides.
In times when siblings need each other, how do you reach those who are at arm's length?
 
-Rebuilding the Bridge: Call on the phone and send a personal letter. As long as the topic is focused on parental need, it may be possible to gain the communication and assistance of a distanced brother or sister.
 
-Peaceful Discussions: Moving mom or dad to a long-term care facility, or determining who should be guardian and conservator for a parent, is a taxing prospect and each child may have a varying opinion. A mediator (in person or online), facilitator, arbitrator, or other type of collaborative professional can be especially effective in these cases, able to field concerns and emotional outbursts, to lay out all the details and help point to the most effective solution.
 
-Finding a Professional:
Finding a collaborative professional who specializes in elder law is easy - one way is to go to www.mediate.com and click "Search Professionals."  Select the type of collaborative professional you want and then, under "Select Type of Matter," choose "Elder."
 
-Read More: Click here for an article dealing with this type of mediation.

If you're done with mediation, or if you're a family where all the siblings already get along, please call The Fairfax Elder Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a free consultation.

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Fairfax, VA 22030

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