ELDER CARE, SENIOR LAW 

Senior Law, elder care lawyers are concerned with the very special legal needs of senior citizens.  Senior law attorneys bring you and your family expertise in these and other area:  Estate Planning, Long-term care, Assisted Living Nursing Home Abuse or Neglect, Medicaid and Medicare issues and appeals, Fraud and Financial Scams against seniors and more.  By simply calling 1-888-SENIOR-LAW, you will be indirect contact with an attorney in your area who can give you basic information which will be useful to you in solving your or a family members senior citizen legal issues.

Assisted Living, Age Discrimination, Elder Abuse and Senior Abuse, Estate Planner, Medicare/Medicaid, Nursing Homes, Social Security, Fraud and Financial Scams, Grandparent Rights

Assisted Living
assisted_living_couple_nurseAs a general statement most seniors would live to live in their own homes as long as possible.  This is based on considerations of being in familiar surrounds, being near family and friends and certainly cost.  Most frequently younger family members undertake the responsibility of caring for the seniors in their homes.
 More About Assisted Living 


Age Discrimination
age_discrimination_concerned_at_workIn the workplace today it is not uncommon to be a victim of age discrimination.  Since there are more senior citizens in the workplace today age discrimination among elderly workers is also more common today.   People older than 55 years old who are otherwise qualified are passed over by businesses because of the stigma of age.
More About Age Discrimination

Elder Abuse
elder_abuse_worried_manDifficult as it is to imagine it is estimated as many as two million elderly people suffer some form of abuse or neglect.  Elder abuse can happen in any venue – home, a nursing home, an assisted living home.  And, senior abuse, elder abuse can take many forms.  It can be dealt out by family members, caregivers, visitors anyone vicious enough to fail to respect the rights and dignity of our senior citizens.
More about Elder Abuse

Elder Fraud & Financial Scams
elder_abuse_phone_fraudBecause it is likely that most senior and elderly citizens generally have an eggs nest or own their own home, have stocks and access to credit they are targets for fraud and scams.  Older Americans are less likely to hang up on a caller, more likely to listen and less likely to report issues involving a fraud or scam.  
More about Elder Fraud

Estate Planning
estate_planning_elder_coupleEstate planning is the work done by you and your senior law attorney to make sure that you healthcare and well-being are provided for while you are alive.  Estate planning is also the process of making sure your assets are handled in accordance with your wishes should you become incapacitated and upon your demise.
More about estate planning
 
Medicare and Medicaid
medicare_and_medicaidMedicare is the federal health insurance program for persons 65 and older and certain disabled persons. Congress established Medicare in 1965 of the Social Security Act. Medicare is an program for qualified beneficiaries and not a need-based program like Medicaid, the federal-state health insurance program for low-income persons. 
More about Medicare and Medicaid

Nursing Homes
nursing_home_visiting_child_caregiverThe concept of a residence set aside solely for the elderly and infirm was unknown until the nineteenth century. Before that, it was understood that elderly people would be taken in by family once they were unable to care for themselves. Those who had no family could rely on servants if they had the financial resources, but for those who were alone and poor the only choice was the local almshouse.
More about Nursing Homes
 
Social Security
social_security_cardsIn 1935 Social Security was created as a response to the deep pain caused by the Great Depression.  In the last 75 or more years it has become an important part of retirement which is at times complicated to the point that you need the assistance of a legal expert referred to as an elder law attorney.
More about Social Security

Grandparents Rights
grandparents_rights_grandchildrenWhen a situation occurs which disrupts the relationship that a grandparent has with their grandchild and that situation causes an estrangement of the relationship, it is of great concern.  As a grandparent you may have rights depending on the state in which you live to restore those rights to see and enjoy your grandchildren.
More about Grandparents Rights
 

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Senior Law - Age Discrimination against seniors

Age Discrimination

In the workplace today it is not uncommon to be a victim of age discrimination. Since there are more senior citizens in the workplace today, age discrimination among elderly workers is more common. People older than 55 years of age who are otherwise qualified are passed over by businesses because of the stigma of age. The original “Age Discrimination Employment Act” was part of social protection legislation passed during the Presidency of Lyndon Johnson. Medicare and Medicaid legislation were also passed during that time.  The official law was the Age Discrimination in Employment Act of 1967 commonly known as “ADEA”.

age_discrimination_concerned_at_work 


Another phenomenon behind the elder law specialization is that older people in the United States are subjected to age discrimination by a populace obsessed with youth and afraid of aging. Ageism stigmatizes the process of growing old and leads to abuse and neglect of some elderly persons. It also leads to discrimination against older workers by employers who perceive them as less productive than younger workers. These same older workers often receive higher pay because of their years with the company. For these reasons, employers often try to replace older workers with younger workers, believing they may produce more work for less compensation. Elder law addresses these and other special legal problems of the elderly.  If someone feels they are subject to age discrimination, an age discrimination case can be brought under the ADEA - Age Discrimination in Employment Act.  If you are concerned that you may be a victim of age discrimination consult with a senior law attorney.  They can listen to the facts surrounding your specific situation and advise you accordingly.

Employers and Employees Covered by ADEA
The ADEA applies to employers with twenty or more employers, local, state and federal governments, employment agencies and labor organizations.  The act applies to employees 40 and over.  During the Regan Administration, the ADEA was amended to remove the age cap of 70 relating to the maximum age of employed worker protected by the act.  It was amended in 1991 to prohibit discrimination relating to benefits and retirement.  The  ADEA prohibited discrimination against a person because of their age of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.  It also prohibits retaliation against an individual who opposes discriminatory employment practices, or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.   One of the aspects of the ADEA as it was amended in the 1990s is that it specifically prevents and prohibits employers from denying benefits to older workers.  This recognizes that the cost of benefits to older workers is usually higher than that for younger workers.  Benefits can be limited because of an employee’s age only in limited circumstances.

age_discrimination_terminated_ageismEnforcement of ADEA
The Equal Employment Opportunity Commission (EEOC) is the federal agency mandated to enforce the law under the ADEA in addition to other civil rights laws.  There are field, district, and local offices of the EEOC.  Most states have a human relations office or EEOC that investigate claims of EEOC age discrimination.  The EEOC has work sharing agreements with the state offices so that a claim filed in a state office would also be dually filed in the federal office to protect workers federal rights.  If a claim were filed in a federal office, the federal office would file the same claim with the state counterpart to protect the worker’s state rights.  State laws can provide more rights than the federal statutes.

 

If you think you have been a victim of age discrimination at work, consult a senior law attorney who specializes in age discrimination.  They can advise you on the strength or weakness of your age discrimination case, give you information about what you need to prove and what timelines are important.  They can provide you with information on any rights you may have against age discrimination under state law.  State law may give you additional protections against age discrimination.
 

 

The ADEA was enacted to protect workers over the age of 40 for discrimination in employment.  It applies to employers with more than 20 employees, local, state, and federal governments, employment agencies, and labor organizations and state and federal agencies.  It prohibits age discrimination in apprenticeship programs, job advertisements and notices, pre-employment inquiries and benefits.  The law is enforced by the EEOC, which has field, local, and district offices.  A claim filed in a state human relations office that has work sharing agreement with the federal EEOC will protect your rights under state and federal law.  Many employment lawyers will take these cases on a contingency basis.  Seek competent legal counsel.  
 
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Elder Law News
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