Vets May See a Big COLA Jump Next Year

Federal officials aren’t expected to announce the Social Security benefits adjustment until mid-October. However, the nonprofit Senior Citizens League recently predicted a cost-of-living increase of about 8.7% for 2023, based on inflation data through the first eight months of the year.

Military Times’ recent article entitled “Vets benefits poised for biggest cost of living boost in 40 years” says that if the estimate is correct, it would be the highest annual increase since 1981. The 2022 cost-of-living adjustment was 5.9%.

For a veteran receiving about $1,500 in monthly payouts, that type of increase would result in roughly $130 extra each month.

Social Security and some other federal benefits are adjusted each year, to reflect increases in basic family costs like rent, groceries, and utilities. However, for veterans’ benefits, that process isn’t automatic. Congress must pass legislation annually to connect the two sets of benefits to ensure that veterans’ payouts keep pace with those increasing costs.

The House passed the legislation on September 15, and the Senate followed suit this week. Lawmakers called it a simple but significant move.

“With the global supply chain crisis continuing to impact Americans, disabled veterans, and military families, [this legislation] will ensure that the needs of our disabled veterans are being met,” bill sponsor Rep. Elaine Luria, D-Va., said in a statement.

The Department of Defense has announced several initiatives to improve quality of life for service members, including a boost in Basic Allowance in Housing for some troops. Senate leaders echoed that sentiment.

“We have a responsibility to ensure veterans’ benefits are keeping pace with a changing economy,” said Senate Veterans’ Affairs Committee Chairman Jon Tester, D-Mont. “That’s why I’m glad the Senate unanimously passed this bipartisan bill that’ll do just that — providing veterans and their families from every corner of the country with the support they need and earned.”

The COLA increase legislation would apply to payouts for disability compensation, clothing allowance, dependency and indemnity benefits, as well as other VA assistance programs. President Biden is expected to sign the measure into law in coming days.

Reference: Military Times (Sep. 23, 2022) “Vets benefits poised for biggest cost of living boost in 40 years”

Vets Closer to Toxic Exposure Benefits

Right after the Senate signed off on a military toxic exposure bill that could benefit millions of veterans, activist John Feal warned the crowd of advocates celebrating outside the Capitol about the moment they had been lobbying for and dreaming about for years: “The hard part hasn’t begun.”

Military Times’ recent article entitled “Now that PACT Act has passed, how soon will veterans see their benefits?” reports that Feal, who spent years as one of the lead advocates to award federal benefits to September 11 victims, first responders and their families, urged the crowd to make sure those payouts and resources are properly funded and administered. He cautioned that even well-written bills don’t always mean an easy transition to getting people the help they need.

“Getting a bill passed is easy, you just have to beat up the Senate and the House,” Feal said. “These people behind me, they have to take that and make sure Congress and the VA now do the right thing.”

This will be a big moment in the 13-year-old fight to expand benefits for burn pit victims sickened in Iraq and Afghanistan, and the decades-old quest to fully compensate Vietnam veterans for their exposure to chemical defoliants. Advocates say it won’t be the end of their work on the issue: the next step is delivering the benefits to veterans and their families. The estimated total is roughly $300 billion over the next 10 years.

“Veterans who were exposed to toxic fumes while fighting for our country are American heroes, and they deserve world-class care and benefits for their selfless service,” VA Secretary Denis McDonough said in a statement minutes after Feal’s speech.

“Once the president signs this bill into law, we at VA will implement it quickly and effectively, delivering the care these veterans need and the benefits they deserve.”

Apart from the congressional work, the VA has been overhauling the way that it approaches illnesses believed linked to burn pit smoke in places like Iraq and Afghanistan. In the past, the department adhered to strict scientific evidence before granting presumptive status for illnesses believed linked to military service. The VA now uses a broader set of metrics to evaluate the claims. This has resulted in adding 12 respiratory illnesses and cancers to the list of conditions presumed to be caused by burn pits (a designation that greatly speeds up the process of veterans receiving disability payouts).

Once the PACT Act is signed into law, those new processes will be codified, a move that veterans advocates say will be significant in the future to preventing long waits for department recognition of military injuries.

Other parts of the legislation will go into effect immediately. Vets currently get five years of medical coverage through VA after leaving the service, but will have that doubled to 10 years under the new law.

Reference: Military Times (Aug. 4, 2022) “Now that PACT Act has passed, how soon will veterans see their benefits?”

What’s the Latest in Legislation for Vets?

The leaders in the U.S. House and Senate had hoped to send the Promise to Address Comprehensive Toxics Act (or PACT Act) to President Joe Biden’s desk for final signature by the Fourth of July, after the Senate advanced the measure by a bipartisan 84-14. The measure would cost almost $280 billion over the next 10 years and provide new medical and disability benefits for as many as one in every five veterans living in America today.

Military Times’ recent article entitled “Major veterans toxic exposure legislation delayed again, but lawmakers insist it’s not defeat” explains that vets who served in Afghanistan, the first Gulf War, Vietnam and numerous other overseas locations could see new benefits under the plan. The bill would help many vets who are victims of on-duty toxic exposure injuries — in particular, smoke from burn pits used to dispose of waste in Iraq and Afghanistan.

The House passed the bill in March, but Senate leaders amended the bill to add phased-in implementation rules and more staff to help process claims in response to Republican concerns. However, the changes ran into trouble with rules that require new revenue requirements to start in the House, not in the Senate. A planned House vote to finalize the measure was postponed, and chamber leaders scrambled to make corrections to the measure before lawmakers began their two-week recess.

Senate Veterans’ Affairs Committee Chairman Jon Tester (D-MT) tried to push through a fix on the Senate floor late Thursday night, but the bid was blocked by Senator Pat Toomey (R-PA), one of the 14 senators to oppose the measure last week. Tester called that a disappointment.

“There is a [technical] issue and we have to fix it,” he said. “But in the process of our debates, we shouldn’t be denying health care to veterans, which is exactly what [Toomey] is doing today.”

However, the procedural issues aren’t fatal for the future of the PACT Act, but instead represent a temporary delay.

House Veterans’ Affairs Committee Chairman Rep. Mark Takano, D-Calif., said he still wants to get a House vote on the measure “once the Senate resolves this procedural speedbump.”

“House and Senate leadership are not shying away from passing the PACT Act,” he said in a statement. “This comprehensive package addressing toxic exposed veterans has been my number one legislative priority and I will continue to be unrelenting in getting it to President Biden’s desk.”

President Biden has already indicated he will sign the measure into law when it is finalized by Congress.

Reference: Military Times (June 24, 2022) “Major veterans toxic exposure legislation delayed again, but lawmakers insist it’s not defeat”

State Bolsters Nursing Home Oversight

The New York State Assembly recently gave final legislative approval in a unanimous vote to a bill requiring the Long-Term Care Ombudsman Program (LTCOP) to publicize, as part of its annual reports, the kinds and patterns of complaints received by its regional offices and the number of ombudsman visits to each long-term care facility.

Harlem World Magazine’s recent article entitled “NYS Lawmakers Move To Strengthen Nursing Home Oversight From Care, To Complaints And More” reports that the New York State Senate passed the companion bill on May 24 with a strong, bipartisan vote.

The move follows a $2.5 million increase in state funding in the 2022 state budget for the federally-required program – more than doubling its previous state-funded budget.

LTCOP has lagged in other states’ programs, while more than 15,000 people have died in New York nursing homes since the start of the COVID-19 pandemic.

“This bill would arm policymakers with the information they need to ensure the Long-Term Care Ombudsman Program is as effective as possible in advocating for and speaking on behalf of our society’s most vulnerable population: nursing home residents,” said AARP New York State Director Beth Finkel.

“After over 15,000 deaths in New York nursing homes and counting since the start of the pandemic, we need a strong advocate. AARP New York thanks Senator Rachel May and Assembly Member Sarah Clark for steering this bill through their respective houses, and we strongly urge Governor Kathy Hochul to sign it into law.”

The New York Ombudsman Program is an advocate and resource for seniors and people with disabilities who live in nursing homes, assisted living and other licensed adult care homes. Ombudsmen help residents understand and exercise their rights to good care in an environment that promotes and protects their dignity and quality of life.

The legislation was supported by the Center for Elder Law & Justice in Buffalo, New York.

Although LTCOP can’t sanction long-term care facilities, it’s the only agency authorized to visit facilities on a regular basis to observe conditions, monitor care and help residents and families resolve problems.

In addition to helping individual residents and families, LTCOP is required by federal rules to act as an independent voice for residents with respect to laws and policies that impact their care.

Reference: Harlem World Magazine (June 4, 2022) “NYS Lawmakers Move To Strengthen Nursing Home Oversight From Care, To Complaints And More”

Will Vets Now Get a COLA Increase in Benefits?

The measure was filed by Representatives Elaine Luria, D-Virginia and Troy Nehls, R-Texas, along with Senators Jon Tester, D-Montana and Jerry Moran, R-Kansas. In joint statements, they called the proposal critical to bolstering veteran’s finances, reports Military Times’ recent article entitled “Lawmakers move to guarantee cost-of-living boost for veterans benefits.”

“We have a responsibility to take care of our veterans, many of whom rely on VA for financial support,” said Moran, ranking member of the Senate Veterans’ Affairs Committee.

“As rampant inflation is driving up the cost of living, this legislation helps make certain that veterans are able to keep up with our changing economy and receive the benefits they have been promised.”

The bill linking the two government benefits is largely routine. Lawmakers typically approve the annual proposal to couple VA benefits increases with Social Security benefits increases by large bipartisan margins.

However, this isn’t automatic. Even with the efforts of advocates in the past, an annual cost-of-living increase in veterans benefits requires congressional action.

Social Security benefits, in contrast, are adjusted based on an automatic formula that is triggered whether lawmakers vote on it or not.

In 2021, as inflation pressures began to impact the American economy, that increase was 5.9%. Officials haven’t said what this year’s adjustment may be. However, continued rising costs across the economy could push that figure even higher. The VA COLA increase legislation would apply to payouts for disability compensation, clothing allowance, dependency and indemnity benefits and other VA assistance programs.

“Transitioning from active duty to civilian life is not always easy, and a cost-of-living adjustment is the least we can do for the men, women and families who served our country,” said Luria, herself a Navy veteran.

Tester, who serves as chairman of the Senate Veterans’ Affairs Committee, said the bill will “ensure [veterans] benefits are keeping pace with the changing economy.”

No timetable has been set for when either chamber could vote on the proposal.

Reference: Military Times (May 23, 2022) “Lawmakers move to guarantee cost-of-living boost for veterans benefits”

What’s the VA Doing about Long Wait Times?

In his recent testimony before the House Appropriations Committee, Veterans Affairs Secretary Denis McDonough said he’s concerned about delivering accurate information on appointment timeliness to veterans as they seek to resume care that was deferred or canceled in recent years, reports Military Times’ recent article entitled “VA secretary promises improvements in medical wait time data.”

“If you look at our average wait times across the system, they’re good, but it’s a big system and we’re coming out of a pandemic,” he said. “So, I fear that there are outliers where people are waiting too long.”

Wait times at VA facilities made headlines in 2014, after whistleblowers revealed that officials were manipulating data to cover up long delays in care to meet performance metrics. During President Trump’s administration, the department began posting wait-time data online for all VA hospitals and clinics in an attempt to show more transparency into how long veterans have to wait for routine or specialty appointments.

However, in a report released Thursday, the VA Inspector General’s office said much of that data remains confusing and misleading.

“The Veterans Health Administration] has sometimes presented wait times with different methodologies, using inconsistent start dates that affect the overall calculations without clearly and accurately presenting that information to the public,” officials wrote.

In response to similar concerns raised by lawmakers, Secretary McDonough said that “we have to do a better job with that” and said he expects an announcement on changes related to the wait time issues in coming months. We’re working really hard on it because I am frustrated with it myself.”

Broad legislation has been stalled in the Senate over concerns about cost and potential workload burdens on Veterans Affairs workers. That’s raised concerns about pressure on the VA health care system, and if veterans could see a significant increase in the time it takes to schedule appointments.

Health officials have touted new pandemic telehealth options within the department as a way to help ease the burden on facilities facing increased requests.

However, lawmakers said that in rural areas — locations with some of the longest wait times already — a lack of reliable internet access may restrict the availability of those services.

Reference: Military Times (April 8, 2022) “VA secretary promises improvements in medical wait time data”

How Is Florida Creating a Guardianship Database?

The Florida House voted 117-0 to grant final legislative approval to HB 1349 by Rep. Linda Chaney, R-St. Petersburg. Sen. Jennifer Bradley, R-Orange Park, sponsored the companion, SB 1710.

The Florida Bar’s recent article entitled “Bill Creates a Statewide Guardianship Database” reports that the measure will create a statewide database that will help with future reforms.

“This amendment establishes a guardianship database that we first heard last week,” Chaney said. “So thank you for recognizing this as a first step, and for supporting it, and I hope that you can help me take it to the next step.”

The bill would require the Florida Clerks of Court Operations Corporation and the clerks of court to create a statewide database of guardian and guardianship case information by July 2023. The database would be accessible only by judges, magistrates, court clerks and certain court personnel. It would include the registration status and “substantiated” disciplinary history of professional guardians. In addition, the bill would require the Office of Public and Professional Guardians to post searchable profiles of registered professional guardians on a website by July 2023.

Profiles would provide whether the professional guardian meets educational and bonding requirements, the number and type of substantiated complaints filed against the guardian and any disciplinary actions imposed by the Department of Elder Affairs. Data related to individual wards would be “deidentified” to protect their privacy. The restriction is needed to protect wards.

“The reason for that is there are times when family members have good intentions, and family members have bad intentions,” Chaney said. “So, we didn’t want them to have full access to the ward’s information, and maybe be part of a problem.”

The Florida Court Clerks and Comptrollers organized the taskforce in the summer of 2021 to start addressing the issue. The group included legislators, court clerks, court system employees who work with guardianships, lawyers from the Elder Law and Real Property, Probate and Trust Law sections, consumer advocates, a former ward and others. The task force was given an open-ended mission to make recommendations for improving the system.

In addition to the database, the taskforce suggested creating a permanent legislative or state body to suggest regular updates to the law.

The task force also proposed barring hospitals and nursing homes from recommending a specific guardian when they file for a guardianship, including consideration of powers of attorney and advanced directives previously signed by a ward when a guardianship is set up, and upgrading training and education for everyone who is involved in the guardianship process.

Reference: Florida Bar (March 14, 2022) “Bill Creates a Statewide Guardianship Database”

Can I Avoid Taxes when I Inherit?

Kiplinger’s recent article entitled “Minimizing Taxes When You Inherit Money” says that if you inherit an IRA from a parent, the taxes on mandatory withdrawals could mean you will have a smaller inheritance than you anticipated.

Prior to 2020, beneficiaries of inherited IRAs or other tax-deferred accounts, like 401(k)s, could transfer the money into an account known as an inherited (or “stretch”) IRA. From there, you could take withdrawals over your life expectancy, allowing you to minimize withdrawals taxed at ordinary income tax rates. This lets the funds in the account to grow.

However, the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 stopped this tax-saving strategy. Most adult children and other non-spouse heirs who inherit an IRA after January 1, 2020, now have two options: (i) take a lump sum; or (ii) transfer the money to an inherited IRA that must be depleted within 10 years after the death of the original owner. This 10-year rule doesn’t apply to surviving spouses, who can roll the money into their own IRA and allow the account to grow, tax-deferred, until they must take required minimum distributions (RMDs) at 72. Spouses can also transfer the money into an inherited IRA and take distributions based on their life expectancy. The SECURE Act also created exceptions for non-spouse beneficiaries for those who are minors, disabled, chronically ill, or less than 10 years younger than the original IRA owner.

As a result, IRA beneficiaries who aren’t eligible for the exceptions could wind up with a big tax bill, especially if the 10-year withdrawal period is when they have a lot of other taxable income.

The 10-year rule also applies to inherited Roth IRAs. However, although you must still deplete the account in 10 years, the distributions are tax-free, provided the Roth was funded at least five years before the original owner died. If you don’t need the money, delay in taking the distributions until you’re required to empty the account. That will give you up to 10 years of tax-free growth.

Many heirs cash out their parents’ IRAs. However, if you take a lump sum from a traditional IRA, you’ll owe taxes on the whole amount, which might move you into a higher tax bracket.

Transferring the money to an inherited IRA lets you allocate the tax bill, although it’s for a shorter period than the law previously allowed. Since the new rules don’t require annual distributions, there’s a bit of flexibility.

Reference: Kiplinger (Oct. 29, 2021) “Minimizing Taxes When You Inherit Money”

Will Congress Provide more Dollars for Elder Care?

For millions of Americans taking care of elderly or disabled loved ones, resources are very costly. Government assistance is provided through Medicaid, but it’s just for those with the lowest incomes. Many who qualify don’t get the help because many states restrict the number of eligible recipients, resulting in long waiting lists.

NBC News’ recent article entitled “Democrats want billions to pay for elder care. Republicans say the price tag is too high” reports that Democrats have earmarked roughly $300 billion to expand home-based care for seniors and the disabled in the $3.5 trillion spending bill dubbed the American Families Plan. The bill would offer states incentives to lift their income caps to 300 times the poverty level, or about $38,600 per person. Democrats say it would enable an additional 3.2 million people to be eligible for home-based assistance.

However, Republicans are launching an all-out messaging campaign that accuses Democrats of a “reckless tax and spending spree” and saying the American Families Plan would lead to higher inflation and a suffering economy. Democrats say they aren’t afraid of the cost or of Republican claims about inflation. Research shows that the elder care proposal is one of the most popular components of their agenda among likely Democratic voters. Two-thirds of voters said expanding access to home-based care for the elderly and the disabled was important, and 48% strongly favored the expansion.

Progressives have said $3.5 trillion is too little to transform the economy. Moderate Democrats point to the risk of inflation.

U.S. Rep. Katherine Clark (D-MA), who is a member of the House Women’s Caucus, cared for her dad, who suffered a stroke, her mom, who had Alzheimer’s and three young children when she was running for Congress. She said elder care is a priority.

“Even though I had resources and options, it was really, really challenging to me. That story plays out for parents and women across this country every day,” Clark said in an interview. “It is long past time that we recognize how fundamental the care agenda and the care economy is to our economy in general.”

Democrats also would like to pass provisions to guarantee that home health care workers make a living wage through reporting guidelines and by requiring a minimum wage, which would be set by region.

Reference: NBC News (Aug. 21, 2021) “Democrats want billions to pay for elder care. Republicans say the price tag is too high.”

Can GI Benefits Be Used to Start a Business?

A proposal in Congress aims to let some recently separated service members use their GI Bill benefits to start a new business, rather than taking college classes. The legislation would establish a three-year pilot program for up to 250 veterans to pursue “educational entrepreneurial training” and receive their education payouts in the form of start-up capital, instead of the traditional tuition payments.

However, the bill hasn’t gained much legislative traction in recent years, reports Military Times’ recent article entitled “Use your GI Bill benefits to start a business? Lawmakers push pilot program.”

“Higher education is essential for many [veterans], but some have a different calling,” said Rep Ben Cline, R-Va. and a sponsor of the measure. “Veterans are seeking more options and want the choice to use their GI Bill benefit to start their own business. It’s common sense to offer veterans a choice in accessing resources, training and support to pursue the American dream to start a small business, create jobs and generate growth in our economy.”

Roughly 1.7 million veterans have some unused GI Bill benefits, and a new court ruling could provide a pathway to accessing them for the first time. Under the current post-9/11 GI Bill education benefits program, eligible veterans get 36 months of tuition payouts, housing stipends and other financial assistance. In certain situations, service members can also transfer that benefit to a spouse or dependents for their college classes.

More than 2.5 million businesses in America are veteran-owned, making up just under 10% of all American small businesses. Supporters of the Veterans Entrepreneurship Act say that individuals interested in pursuing that path after military service should not be shut out from using their earned benefits.

“By helping veterans start businesses, we are investing in America’s best and brightest,” co-sponsor Rep. Lou Correa, D-Calif., said in a statement.

“When our service members transition into civilian life, they bring considerable skills and experiences with them. Veterans know how to manage risk on the battlefield. And that’s what a successful entrepreneur does — manage risk.”

However, the bill has faced resistance in the past partly due to the fact that they are designed to help promote veteran entrepreneurship and employment, and in part because of concerns that misuse of the college benefit could result in long-term financial disadvantages for veterans.

Versions of the idea have made some progress in both the House and Senate in recent years but have not reached final approval from both chambers. No timeline has been set for a hearing or vote on the new proposal.

Reference: Military Times (July 16, 2021) “Use your GI Bill benefits to start a business? Lawmakers push pilot program”

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Vets May See a Big COLA Jump Next Year

Vets Closer to Toxic Exposure Benefits

What’s the Latest in Legislation for Vets?

State Bolsters Nursing Home Oversight

Will Vets Now Get a COLA Increase in Benefits?

What’s the VA Doing about Long Wait Times?

How Is Florida Creating a Guardianship Database?

Can I Avoid Taxes when I Inherit?

Will Congress Provide more Dollars for Elder Care?

Can GI Benefits Be Used to Start a Business?

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Vets May See a Big COLA Jump Next Year

Vets Closer to Toxic Exposure Benefits

What’s the Latest in Legislation for Vets?

State Bolsters Nursing Home Oversight

Will Vets Now Get a COLA Increase in Benefits?

What’s the VA Doing about Long Wait Times?

How Is Florida Creating a Guardianship Database?

Can I Avoid Taxes when I Inherit?

Will Congress Provide more Dollars for Elder Care?

Can GI Benefits Be Used to Start a Business?

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