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New Rental Assistance Rule May Open Benefits to
More Seniors
The Social
Security Administration (SSA) has published a final rule simplifying
and expanding its rental subsidy program for Supplemental Security Income
(SSI).
Effective
September 30, 2024, the new rule is likely to allow more people to qualify for
SSI. In addition, some current SSI recipients may see an increase in their
monthly benefit amount as a result. The rule change is part of a broader agency
effort to streamline certain aspects of the SSI program.
SSI applicants
and recipients may want to talk to an elder law lawyer about the new
rule if they have questions about how it affects them.
How Do You
Qualify for SSI?
SSI is a
federal public benefits program that provides a modest monthly benefit to
qualifying recipients. It serves older adults across the United States who meet
strict income and resource limits. People with disabilities who have limited
income and resources also may qualify. In most states, to be eligible for SSI,
an individual must have less than $2,000 to their name.
SSI Rental
Assistance Explained
Income affects
more than whether an individual is eligible for SSI benefits. It also has an
impact on the SSI recipient’s benefit amount.
The SSA’s
definition of income includes not only “earned” income from a job and
“unearned” income such as gifted cash, but also what SSA calls “items received
in-kind,” including shelter given to an individual or that someone else pays
for.
A rental
subsidy can result in a lower SSI payment for current recipients. It may also
disqualify someone from receiving SSI because their income is too high.
However, SSI is
now changing how it calculates the rental subsidy amount. The new rule will
expand an exception that previously only applied in seven states but starting
in September 2024 will apply nationwide.
How Rental
Subsidy Is Calculated – The Current Rule
If an
individual pays a monthly required rent charge that equals or exceeds the
current market rental value (CMRV) in their area, a “business arrangement”
exists under SSA rules. This means that the SSA does not see the SSI applicant
or recipient as receiving rental assistance.
SSA regulations
consider a person to be receiving a rental subsidy — a type of unearned income
— if they are paying a monthly rent amount for a property that is less than the
CMRV where they live. This commonly occurs when somebody is living with a family
member who charges them less for rent than what they would pay on the open
market.
For example,
consider an SSI recipient who lives with their sibling, paying a monthly rental
rate of $400. If the CMRV in their area is $800, the amount of rental
assistance would be $400.
However, the
SSA imposes a regulatory cap, called a Presumed Maximum Value (PMV), on the
rental subsidy amount that can be assessed; that amount is $334.33 for 2024.
The SSA also has an unearned income exclusion of $20 per month.
Using the
example above, imagine a landlord accepting $400 per month instead of the CMRV
of $800. The amount that the SSA would count as rental assistance would be
$314.33 ($334.33 PMV minus the $20 general income exclusion amount.
Assuming a
maximum monthly SSI payment of $943 in 2024, and assuming there is no other
countable income, the recipient’s benefit amount would be reduced to $628.67
($943 minus $314.44).
Exception
Following court
cases that challenged the SSA’s rental subsidy rule, exceptions were provided
in seven states — Texas, Connecticut, New York, Vermont, Illinois, Indiana, and
Wisconsin.
In these
states, a “business arrangement” still exists. However, the rental subsidy does
not count as income if the monthly rental rate equals or exceeds the PMV,
instead of the CMRV.
Apply this
exception to the example above: An SSI recipient in Connecticut pays $400 per
month instead of the CMRV of $800 per month. They would not have their rental
subsidy count as income because the $400 payment is more than the $334.44 PMV
for 2024.
The SSA notes
that in the seven excepted states, application of the rental subsidy exception
generally results in a higher SSI payment amount.
New Rule
Applies SSI Rental Subsidy Exception Nationwide
The SSA
announced in April 2024 that the new rule would make the state-specific rental
subsidy exception national policy for SSI applicants and recipients.
According to the SSA, the policy change will increase the
benefit amount for some recipients and allow more people to qualify for SSI
payments. However, it will not affect how much SSA pays per month (a maximum of
$943 in 2024).
Even with this
exception, though, some applicants could see their monthly benefit amount
reduced; others may not qualify. The actual formula that the SSA uses is
complicated and includes the number of household members, as well as other
sources of income.
The rental
subsidy rule change is the latest SSA effort to remove barriers to accessing
SSI payments. Also in the fall of 2024, the agency will no longer use food an
applicant or recipient receives from friends, family, and community support
networks as part of its “in-kind support and maintenance” calculations. And in
April, SSA published a rule changing how it factors support from
other public assistance programs, such as SNAP, when determining beneficiary
payments.
More than 7
million individuals received
federal SSI benefits in January 2023, with payments averaging $654 per
month. During calendar year 2022, 172,000 individuals applied for SSI benefits
based on age, while 1.23 million applied based on blindness or disability.
Approximately 522,000 applicants received SSI benefits in 2022, a decrease of 1
percent compared to 2021.
Understanding
Social Security Benefits Can Be Difficult. Ashley Day Law Can Help.
While the new
SSI rule may be advantageous for many low-income, older Americans, terms like
“PMV,” “CMRV,” and “in-kind” support are not necessarily intuitive. They may
add to the confusion around an already long and challenging SSI benefits
process.
To make sure
the value of your rental subsidy is accurately determined, and that you receive
the SSI benefits you’re entitled to, get in touch with Ashley Day at 251-277-3377.
Veterans Benefits for Non-Medical, Home Health Agency and Hospice CareVeterans who have served our nation deserve comprehensive support in their post-service lives, and the U.S. Department of Veterans Affairs (VA) offers a range of benefits to ensure their well-being. Beyond traditional medical care, many Veterans qualify for non-medical support, home health agency services, and hospice care. These benefits are designed to enhance quality of life, promote independence, and provide comfort during challenging times. Understanding these options can help Veterans and their families access the care they need.Non-Medical Benefits for VeteransNon-medical benefits encompass a variety of services that assist Veterans in their daily lives. One key program is the Veteran Directed Care (VDC) program, which allows Veterans to manage their own care by hiring personal aides, including family members or friends, to assist with tasks like bathing, dressing, or meal preparation. This program provides a monthly budget based on the Veterans needs, offering flexibility and control over how care is delivered. Another valuable resource is the Aid and Attendance (A&A) benefit, an additional pension for Veterans who require assistance with daily activities or are housebound. This financial support can be used to pay for non-medical caregivers, making it easier to age in place comfortably.Home Health Agency ServicesFor Veterans needing more structured support, the VA partners with home health agencies to deliver professional care at home. These services are available through the VA Home Health Care program and may include assistance from certified aides who help with personal care, light housekeeping, and mobility. While these services are not medical in nature (e.g., they dont involve skilled nursing or therapy), they play a critical role in maintaining independence. Eligibility typically requires enrollment in VA health care and a demonstrated need for assistance, as assessed by a VA provider. Veterans can also explore the Homemaker and Home Health Aide Program, which provides similar support for those with chronic conditions or disabilities, ensuring they receive consistent help tailored to their preferences.Hospice Care BenefitsWhen a Veteran faces a terminal illness, the VA offers hospice care to provide comfort and dignity in their final days. Hospice services focus on pain management, emotional support, and family counseling rather than curative treatment. Veterans enrolled in VA health care can access hospice through VA facilities, community partners, or at home. The VA Hospice and Palliative Care program ensures that care aligns with the Veterans wishes, often at no cost to the Veteran or their family. Additionally, Veterans receiving VA pension benefits may still qualify for A&A to offset hospice-related expenses, easing financial burdens during this time.Accessing These BenefitsTo take advantage of these programs, Veterans should contact their local VA office or use the VAs online portal at VA.gov. Eligibility often depends on factors like service history, disability rating, and income, so a consultation with a VA representative is key. These benefits reflect the nations commitment to honoring Veterans by supporting their independence and comfort at every stage of life. To learn more visit the Veterans Affairs website at www.va.gov/geriatrics or call 800-698-2411.
The SS United States: A Legendary Ocean Liners Final Chapter in Mobile, AlabamaFor decades, the SS United States was the pinnacle of American innovation, a sleek, steel-clad symbol of speed and luxury that ruled the high seas. Now, after years of uncertainty, this legendary ocean liner has found a temporary home in Mobile, Alabama, where it will undergo preparations for its final transformationbecoming the worlds largest artificial reef.As of March 28, 2025, the ship sits docked at the Port of Mobile, a ghost of its former grandeur but still commanding awe. Its arrival has sparked excitement, nostalgia, and even a bit of controversy as preservationists scramble for a last-minute rescue. But love it or mourn it, the SS United States is embarking on its final journey, and Mobile is playing a crucial role in its farewell.The Glory Days: Speed, Luxury, and Hollywood FameLaunched in 1952, the SS United States also known as the Big U was an engineering marvel. Built in Newport News, Virginia, it was designed to be both a luxury ocean liner and a secret military asset, capable of transforming into a troop transport if needed with the ability to carry 14,000 troops 10,000 miles without refueling. On its maiden voyage, it shattered records, crossing the Atlantic in just three days, 10 hours, and 40 minutesa feat no other passenger ship has beaten to this day.For nearly two decades, it was the way to travel between the United States and Europe. Celebrities, dignitaries, and socialites graced its decks, reveling in its opulent design and unparalleled speed. Hollywood took notice, too. The ship made memorable appearances in films like Disneys 1962 classic Bon Voyage!, where it served as the glamorous setting for a family adventure, and 1955s Gentlemen Marry Brunettes, where its sleek profile played a starring role. Even in 2013, the thriller Dead Man Down used the SS United States for atmospheric shots while it was docked in Philadelphia.But the golden age of ocean liners was not meant to last. By 1969, the rise of jet travel rendered transatlantic crossings obsolete, and the SS United States was retiredmarking the beginning of a long, uncertain future.From Neglect to New PurposeFor decades, the once-proud liner sat idle in Philadelphia, rusting away as preservation efforts struggled to secure funding. Dreams of transforming it into a hotel, museum, or entertainment venue never materialized. Then, in 2024, a decision was made: Okaloosa County, Florida, would purchase the vessel and repurpose it as an artificial reefa $10 million project that would give the ship a new purpose beneath the waves of the Gulf of America.Thus began the ships 401st and final voyage. On February 19, 2025, it was towed 1,800 nautical miles from Philadelphia to Mobile, arriving ahead of schedule on March 3. Spectators lined the waterfront, watching as the once-glorious ocean liner, now a shell of its former self, was guided into port.A Temporary Stay in MobileNow docked at Modern American Recycling Services (MARS), the SS United States is undergoing extensive preparation before its submersion. Over the next six to twelve months, crews will strip the ship of non-metal materials, wiring, and hazardous components, ensuring it is environmentally safe. Holes will be carefully cut into the hull so that when it is finally submerged, it settles uprightproviding a thriving habitat for grouper, snapper, and tuna.While many celebrate this transformation as a fitting second life, preservationists arent giving up without a fight. Organizations like the SS United States Conservancy continue to push for an alternative, hoping to turn the ship into a floating museum akin to the USS Alabama in Mobile Bay. A Tourist Boom in MobileRegardless of its fate, the SS United States has already left an impact on Mobiles tourism scene. Locals and visitors alike are flocking to catch a glimpse of this historic ship before it disappears beneath the ocean. Harbor cruises aboard the Perdido Queen and tours through Blakeley State Park have sold out quickly with maritime enthusiasts eager to snap photos and reflect on the ships remarkable past and those looking to explore Mobiles deep connections to the sea.The Final GoodbyeDespite the nostalgia, the clock is ticking. Soon, the SS United States will make its last journey, not to another port, but to the ocean floor off the coast of Florida. Once there, it will begin its final rolenot as a fading relic, but as a vibrant, living reef, fostering marine life for generations to come. For now, as it looms over the Port of Mobile, it remains a towering testament to American ingenuity, ambition, and the fleeting nature of technological supremacy. Whether you see it as a tragic loss or a poetic new beginning, one thing is certain: the legacy of the SS United States will live onabove the waves, beneath the ocean, and in the hearts of those who remember its glory.
How to Keep Your Kidneys Healthy: A Guide for Seniors Maintain a Healthy DietA balanced and nutritious diet plays a crucial role in supporting kidney health. Focus on consuming fruits, vegetables, whole grains, lean proteins, and low-fat dairy. Limit your intake of sodium, processed foods, and added sugars. Potassium-rich foods like bananas and sweet potatoes can support healthy blood vessels and blood flow, but consult your healthcare provider if you have concerns about your potassium levels.Protein is essential, but too much can strain your kidneys. Seniors with a family history of kidney issues or a history of kidney failure should monitor their protein intake carefully. A dietitian can help you create a meal plan tailored to your needs.Stay Hydrated with Extra WaterProper hydration supports kidney function by helping them filter wastes and maintain blood flow. Drinking extra water can reduce the risk of kidney stones by diluting the minerals that form them. However, seniors with heart disease or kidney issues should consult their doctor about the right amount of water for their needs. Control Diabetes and High Blood PressureDiabetes and high blood pressure are leading causes of kidney disease. Keeping your blood sugar level and blood pressure within healthy ranges is essential. Regular monitoring, taking prescribed medications, and following a healthy lifestyle can significantly reduce your risk for kidney disease. If you have diabetes and high blood pressure, work closely with your healthcare team to manage these conditions effectively. Exercise RegularlyRegular exercise, such as walking, swimming, or yoga, can improve overall health and support kidney function. Aim for at least 30 minutes of physical activity most days of the week. Exercise helps improve blood flow, manage weight, and reduce the risk of conditions like heart disease and diabetes that can harm your kidneys. Avoid Overuse of NSAIDsNonsteroidal anti-inflammatory drugs (NSAIDs) like ibuprofen and naproxen (Aleve) are commonly used for pain relief but can be harmful to your kidneys, especially when taken frequently or in high doses. Seniors should use these medications sparingly and consult a healthcare provider for safer alternatives if they experience chronic pain. Manage Risk Factors for Kidney DiseaseIf you have a family history of kidney problems or a history of kidney failure, you may be at a higher risk for kidney disease. Regular check-ups with your doctor are crucial. Routine tests, such as blood and urine tests, can help detect early signs of kidney damage. Early intervention and proactive care can make a significant difference in outcomes. Quit Smoking and Limit AlcoholSmoking damages blood vessels, reducing blood flow to the kidneys, and increasing the risk of kidney disease. Alcohol, when consumed in excess, can also harm your kidneys. Quitting smoking and moderating alcohol intake are steps that can keep your kidneys healthy. Monitor Your MedicationsCertain medications, including over-the-counter drugs and supplements, can strain your kidneys. Always consult your doctor before starting new medications, especially if you have a history of kidney issues. Ensure they are aware of all medications and supplements youre taking. Watch for Warning SignsBe alert for symptoms of kidney problems, such as: Swelling in the ankles, feet, or hands Fatigue Changes in urination (frequency, color, or amount) Persistent nausea or vomiting High blood pressure If you notice any of these symptoms, consult your doctor. Reduce StressChronic stress can negatively impact your overall health, including your kidneys. Activities like meditation, deep breathing exercises, and hobbies can help you relax and reduce stress levels. Know When to Seek Medical HelpIf you experience severe pain in your lower back or sides, it could indicate kidney stones or another kidney issue. Dont ignore these signs; seek medical attention promptly to prevent further complications. Prevent and Manage Kidney StonesKidney stones can be excruciating and lead to complications if untreated. Drinking extra water, maintaining a healthy diet, and limiting salt intake can help prevent them. If youre prone to kidney stones, your doctor may recommend specific dietary adjustments or medications. Keep Regular Check-UpsRoutine medical check-ups are vital for detecting and managing health conditions that affect your kidneys. Blood tests can measure your kidney function by evaluating markers like creatinine, while urine tests can check for protein or other abnormalities. Healthy Kidneys, Healthy BodyTaking care of your kidneys is essential for overall health and well-being. If youre unsure about your kidney health or have concerns about your risk factors, consult your doctor. Proactive steps today can make a significant difference in protecting and keeping your kidneys healthy for years to come. For better primary care, call VIPcare today at 251-257-2886 to make the switch!
Estate Planning - Ashley Day Law provides comprehensive planning ot individuals and families.We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.Our estate planning services include:Forming Living, Irrevocable Protection TrustsAssisting with Beneficiary Designations and Other Non-Probate TransfersDrafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney, and Other Planning DocumentsAdvising Executors, Administrators, Trustees, and GuardiansDeveloping Caregiver Agreements and Other Family AgreementsPost-Mortem PlanningWhile estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:Providing financial security for your familyEnsuring your property is preserved and passed on to your beneficiariesAvoiding disputes among family members, business owners, or with third parties (such as the IRS)Providing for your childrens or grandchildrens educationProviding for your favorite charityMaintaining control over or ensuring the competent management of your property in case of incapacityMinimizing tax consequences and other costsAvoiding probateProviding adequate liquidity for the settlement of your estateTransferring ownership of your business to your beneficiariesPassing on your values, sense of responsibility, and work ethic to heirsEvery family situation is unique. We work with you and your other professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your goals and concerns to determine what options work best for you and your family and ensure their implementation.By protecting your estate and yourself, you are protecting your family and sparing them the expense, delay, and frustration that occurs when family members fail to plan. No estate plan is one size fits all. As priorities change, plans can be modified. Its never too early or too late to plan. Give us a call. Were here to help.
SPECIAL NEEDS PLANNINGParents of children with special needs often worry about how their children would survive and be cared for when their parents are no longer alive to support them. If one of your loved ones is living with a disability, you make sure that all their needs are met daily. But what would happen if you were gone?Also, over the years, parents are required to make many decisions in their childrens best interests, and those decisions are only amplified for parents with special needs children. Often, parents of special needs children dont know what questions to ask and are unaware of the many questions that inevitably will come their way. For the greatest success in securing your childrens futures, its important for parents and other family members to be prepared before its too late. Thats the role of special needs planning.Special Needs Planning involves preparing for the current and future care needs of children and adults with intellectual and/or developmental disabilities, neurocognitive disorders, and/or psychiatric illnesses. It is the best way for a parent, grandparent, and/or guardian to proactively protect and provide for children and grandchildren with disabilities both in the near and not-so-near future for care, housing, and quality of life should something unexpectedly happen to you; for 18th birthdays (automatic transfer of parental rights); for eligibility for government benefits; for change in life circumstances; planning for your childs quality of life, and for your peace of mind.Our special needs planning services include:Special (Supplemental) Needs TrustsRevocable Living Trusts with Special (Supplemental) Needs Trust ProvisionsWills with Special Needs & Spousal Trust ProvisionsGuardianships and ConservatorshipsPlanning for Age 18Planning for Eligibility for Government Benefits (SSI, Medicaid, etc.)Government Benefits AdvisementSchool Law/AdvocacyGuardianship/Conservatorship AdministrationSpecial (Supplemental) Needs Trust AdministrationSpecial needs planning is critical because individuals with special needs often are unable to make appropriate financial decisions for themselves and/or are at risk of financial exploitation by others. Equally important is to maintain eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid and enable children with special needs to have fulfilling lives.SSI is used to pay for food and housing (primary needs), but it is not nearly enough to live on. Medicaid waiver programs enable access to beneficial services and programs not accessible absent Medicaid eligibility. Generally, beneficiaries of SSI or Medicaid can have little income and, at most, $2,000 in assets. Leaving money to loved ones directly to provide for their care would jeopardize their ability to receive any help from these means-tested government programs. On top of that, the money left to them would have to be spent down to pay for primary needs previously covered by SSI instead of being used to improve the care provided and quality of life. A Special (Supplemental) Needs Trust (SNT) manages resources while also maintaining the beneficiarys eligibility for public assistance benefits.For most families, a third-party irrevocable Special SNT is the most effective way to set aside assets and funds to help the person with special needs. Cash, investment accounts, real estate, or proceeds from a life insurance policy are common ways to fund the trust. The trust can provide for the beneficiary during the parents lifetimes and will provide for the beneficiary when parents are no longer around to care for the beneficiary. Because the SNT owns the assets instead of the beneficiary, the assets are excluded from asset limit tests for SSI or Medicaid. Meanwhile, trust funds can be used to pay for quality-of-life improvements for the beneficiary, such as a phone, an iPad, computer games, trips, travel to visit family, entertainment events, and other activities. The SNT also ensures that funds are used for the benefit of your vulnerable family member and that other relatives, such as siblings, are not left with the responsibility and costs of care.Special needs planning can be a complex and confusing area of the law. Ashley Day Law, LLC will work with you to construct a comprehensive plan customized to your situation and provide you with the tools and information necessary to make sure your loved one is protected, so you have peace of mind knowing your loved one will be taken care of just as you wish.How well you do or dont plan for a special needs family member can have tremendous consequences. Give us a call. Let us help you get it right.
Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.