RAO BULLETIN
15 April 2009
THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES
== Retiree Mobilization [05] ------------------- (Push-Pull Exercise)
== POW Designation ------------------- (Numbers Raise Questions)
== POW Designation [01] -------------------------- (Incentive to Lie)
== VA Headstones & Markers [03] ------ (Honorable Destruction)
== Debt Statute of Limitations
---------------------------------- (Suits)
== VA Health Care Funding [19] ------- (Obama Wants Approval)
== Tricare Beneficiary Website ----------------------
(Info Resource)
== Tricare Telephone Numbers
------------------------ (By Category)
== DoD to VA Transition [08] -------------- (Uniform Registration)
== DoD to VA Transition [09] --------- (Obama Promises Change)
== Tricare User Fee [35] --------------------- (DoD Hikes Expected)
== VA Fraud [19] -----------------------------------------
(Laclede ID)
== Urban Legends --------------------------------------- (New Articles)
== Medicare Opt Out Rule ---------------------------------
(Providers)
== SSA Compassionate Allowances Prog ------ (Expedited Claims)
==
== Veterans Care Program ---------------- (
== AHLTA [05] ----------------------------------------- (Outlook Dim)
==
== GI Bill [42] --------------------------------- (USPHS/NOAA Corps)
== VA Claim Shredding [04] ----------------------------- (DVA Q&A)
== VA Vet Contaminant Exposure [02] -------- (17 Tested Positive)
==
== Medicare Fraud [12] --------------------------------- (
== Medicare Fraud [13] -------------------------- (
== Tricare Uniform Formulary [28] --- (Blood Glucose Test Strips)
== Tricare Uniform Formulary [29] --------- (Inhaler Medications)
== ECS 2009 [09] ------------------------------- (Retiree Action Alert)
== ECS 2009 [10] ------------------------------ (Tax Tables Released)
== DoD Budget FY 2010 [01] -------------- (Resolutions Approved)
== Veterans Corps [01] -------------- (Obama Expected to Approve)
== Vet Jobs [08] ------------------------- (WOTC Employer Incentive)
== VA Appointments [05] ----------------------- (Project in Trouble)
== SBP DIC Offset [15] ----------------------------- (A Step Forward)
== Vet Job Training [01] ---------------------- (
== IRS Offshore Evaders ----------------------------- (Leniency Offer)
== USERRA [07] ---------------------------- (Vet Awarded $118,000)
== Tax Burden For
== Military History Anniversaries ------------ (April 1-15 Summary)
== Veteran
Legislation Status 29 MAR 09------- (Where we Stand)
== Have You Heard? --------------------------------- (Marine Respect)
===============================
RETIREE MOBILIZATION
Update 05: The Air Force
push-pull exercise held 6 thru10 APR at Lackland Air Force
===============================
POW DESIGNATION: Prisoners of war suffer in ways most veterans don’t, enduring humiliating forced marches, torture or other trauma that may haunt them long afterward. In partial recompense, the government extends them special benefits, from free parking and tax breaks to priority in medical treatment. Trouble is, some of the much-admired recipients of these benefits apparently don’t deserve them. There are only 21 surviving POWs from the first Gulf War in 1991, the Department of Defense says. Yet the Department of Veterans Affairs is paying disability benefits to 286 service members it says were taken prisoner during that conflict, according to data released by VA to The Associated Press. A similar discrepancy arises with Vietnam POWs. Only 661 officially recognized prisoners returned from that war alive — and about 100 of those have since died, according to Defense figures. But 966 purported Vietnam POWs are getting disability payments, the VA told AP.
Being
classified as a POW doesn’t directly increase a veteran’s monthly disability
check. There’s no “POW payment.” But a tale of torture and privation can
influence whether a vet receives some money or nothing at all in disability
payments — and the VA’s numbers raise questions about how often such tales are
exaggerated or invented altogether. For one Korean War veteran, a made-up story
helped to ensure more than $400,000 in benefits before his lies were
discovered. A Gulf War vet told a tale of beatings and mock executions, though
he was never even a POW. Four women
“They’re either
phonies or there’s a major administrative error somewhere,” retired Navy Cmdr.
Paul Galanti, who is on a VA advisory panel for POW issues, said when told of
the agency’s numbers. VA spokesman Terry Jemison says POW status is confirmed
“in conjunction with Department of Defense authoritative records.” But the
agency has not explained discrepancies between its POW numbers and the DoD’s,
despite repeated requests for comment. Galanti, who was shot down over
===============================
POW DESIGNATION Update 01: The number of veterans classified as POW’s
by DoD is less than those recognized by the VA.
One reason is that there’s incentive for veterans to lie about being a
Prisoner of War. A disability rating of 100% can be worth more than $35,000 a
year in tax-free VA benefits for a married veteran with at least one dependent
child — not to mention also making the veteran eligible for Social Security
disability payments, and full health coverage and significant educational benefits
for himself and his family. And a POW designation in VA files puts a vet in a
special category under federal regulations. Normally a veteran’s “lay
testimony” about traumatizing events — or stressors — is not considered proof
when applying for disability with the Veterans Benefits Administration, the
agency’s claims arm. However, the regulations add: “If the evidence establishes
that the veteran was a prisoner-of-war ... the veteran’s lay testimony alone
may establish the occurrence of the claimed in-service stressor.” So, if a
veteran told a VA psychiatrist that he had been a POW, and that story, true or
not, formed the basis of the doctor’s post-traumatic stress disorder diagnosis,
what does that mean? “I would probably accept the paperwork,” says Richard
Allen of
POWs are exempt
from copays for VA inpatient and outpatient care and medications. And POWs are
entitled to an annual evaluation at the
Edward Lee
Daily of
Lee’s POW tale
is set at the time of the Gulf War in 1991. The Army reservist claimed in
interviews that he and two comrades were taken while fighting was raging, and
only after emptying their M-16s at the pursuing Iraqis. “We were beaten with
the butt of their AK-47s,” he told El Paso Inc. in 2002. “Sometimes in the leg,
head, even the groin.” The truth was that he and the other two were sightseeing
in
The phenomenon
of the fake POW is nothing new — frauds have been outed from conflicts going
back at least to World War II. And it’s not limited just to men. When the
landmark National Vietnam Veteran Readjustment Study came out in 1988, four of
the 427 female veterans surveyed attributed their stress to their time as POWs.
That’s impossible, says B.G. “Jug” Burkett, co-author of the book, Stolen
Valor: How the Vietnam Generation was Robbed of its Heroes and its History. “There
just plain weren’t any,” says Burkett, himself an Army officer in
===============================
VA HEADSTONES & MARKERS Update 03: At the Boulder City Veteran's Cemetery, each grave is marked with a memorial, 130 pounds of granite. It has been disclosed that a couple living close by have taken 77 gravestones, many of them still engraved with the names of the fallen, from the cemetery and been using them as a backyard patio. The wife works in the state veterans’ home and her husband works at the cemetery where the stones were taken from. The couple, Jeri and Kevin Jenicke, contend they have done nothing wrong since there are no rules stopping them from taking gravestones from the veterans cemetery. In their mind, there was nothing to stop them from turning those stones into a backyard patio. “Everything that we have done has been within the policies that have been explained to us," said Tami Jenicke.
When the spouse
of a veteran passes, husband and wife can be buried together. That means a new
stone for both names and the old stone removed.
According to Carole Turner with the Office of Veterans Services
regarding disposal, "The Nevada Office of Veterans Services does not have
a formal policy in place." That's why the couple felt the stones were up
for grabs." Turner never expected anyone to take the old stones home for
personal use. "Reasonable, prudent judgment and common sense should
prevail," she said. The Department
of Veterans Affairs in
===============================
DEBT STATUTE of LIMITATIONS:
Even though debt collectors and
creditors can contact you about a debt as long as you still owe it, they can
only sue you for a certain amount of time. That amount of time is known as the
statute of limitations. Each state has its own statute of limitations on debt -
the amount of time the court will force you to pay a debt. The statute of
limitations varies depending on the type of debt you have (credit card or loan)
and is usually between three and six years, but is as high as 10 or 15 years in
some states. Before you respond to a debt collection find out the debt statute
of limitations for your state. At http://credit.about.com/od/statuteoflimitations/a/entirestatesol.htm
you can find the statute of limitations for your state. For example, the
statute of limitations on debt in
·
Oral
Contract: 2 years - An oral contract is an agreement that was made
verbally. No contract was written or signed when the agreement was made. Oral
contracts are legally binding, but they are harder to prove in court.
·
Written
Contract: 4 years - A written contract is an agreement made on a
printed document that has been signed by both the lender and the borrower.
Written contracts are legally binding and easier to enforce than oral
contracts.
·
Promissory
Note:
4 years - A promissory note is a written contract that includes a specific
promise to pay. The promissory notes includes the interest rate, repayment
schedule, and consequences of default.
·
Open-Ended
Accounts: 4 years - An open-ended account is an account that has a
varying, revolving balance. A credit card is an example of an open-ended
account.
Here are answers to some of the most frequently asked questions about the statute of limitations on debt.
·
Do I still owe a debt after the statute of
limitations has passed? Yes. The only thing that erases you obligation to pay a
debt is a cancellation from the creditor, discharge in bankruptcy, or actual
payment of the debt. Even after the statute of limitations has expired on a
debt, you are still legally responsible for paying the debt. However, the
creditor or collector no longer has the liberty of using the court to force you
to pay.
·
Can a collector contact me after the statute of
limitations has passed? Yes. The statute of limitations doesn't stop creditors
and debt collectors from trying to collect the debt from you. Instead, it
limits the amount of time the court will force you to pay the debt given you
can prove the statute of limitations has passed. You can stop debt collector calls
by sending a written cease and desist letter.
·
Can I be sued for a debt after the statute of
limitations has passed? Technically, it's against the law for debt collectors
to sue or even threaten to sue you for time-barred debts, that is a debt whose
statute of limitations has expired. But, the collector might sue you anyway if
it contends that the statute of limitations hasn't passed. Fortunately, if you
can provide proof that the statute of limitations on the debt has indeed
expired it's likely the case will be dismissed.
·
When does
the statute of limitations clock start? The clock starts running on the date of
last activity on your account. Typically this is the date you last made
payment, but it can also be the date you last made payment, a promise to pay,
entered a payment agreement, or even acknowledged liability for the debt.
Generally, you can check your credit report for the last date of activity to
figure out when the statute of limitations clock started. If you have doubts
about the timing of the statute of limitations, contact an attorney. If the clock restarts, it starts back at zero.
This gives the creditor or collector more time to use the court to force you to
pay the debt.
·
What can restart the debt statute of
limitations? Certain actions can restart the debt statute of limitations on a
dormant account. This includes:
a.)
acknowledging that you owe the debt
b.)
making a payment
c.)
entering a payment plan
d.)
making an agreement to pay
e.)
making a charge on the account
·
Q: Are there debts without a statute of
limitations? Some debts don't have a statute of limitations. This includes
federal student loans, child support in some states, and income taxes.
·
Why is an expired debt still on my credit
report? If the credit reporting time limit for the debt has not run out, the
debt can still be included on your credit report, if it's truly your debt. Most
negative information stays on your credit report for seven years, but, in some
states the statute of limitations runs out after three to five years.
·
Can I remove a debt from my credit report after
the statute of limitations has passed? Yes. The Fair Credit Reporting Act
allows you to have old debts removed from your credit report.
[Source: About.com Credit/Debt Management Apr 09 ++]
===============================
VA HEALTH CARE FUNDING Update
19: The Administration on 9
APR stated that they are in favor of advanced funding for VA health care. This
new position was greeted with pleasure by Chairman of the Senate VA Committee
Senator Akaka (D-HI) who has sponsored S.423 in the Senate which would make
this change. He said “President Obama’s reaffirmed commitment to securing
timely and predictable funding for the veterans’ health care system is welcome
news. VA operates the largest health care system in the nation, but its funding
has been late 19 of the past 22 years. This is no way to operate a national
system that has such a solemn duty. I look forward to working with President
Obama, my colleagues in Congress and veterans across
===============================
TRICARE
BENEFICIARY WEBSITE: Users
should find the Tricare Beneficiary Web site to be easy and simple to use. With
so much important information available, its goal is to provide it to you
clearly and conveniently. The site is organized into seven sections, to make it
easy for you to find the information you need:
·
Overview - A
high-level summary of Tricare’s organization, plans, eligibility requirements,
enrollment options and special programs.
·
Medical
-
Details about what’s covered, finding a provider, getting care, costs, filing
claims and more.
·
Dental
-
Information about your dental options.
·
Vision -
Information about your vision coverage including eye exams and corrective
lenses.
·
Prescriptions - Details about filling
prescriptions, covered medications, prescription costs, pharmacy claims and
more.
·
Mental Health and Behavior -
Information about your mental/behavioral health coverage and how to get care
based on your health plan option. You’ll
also learn about the types of mental health providers, types of covered treatments
and symptoms for certain conditions.
·
Life Events - What
you need to do and how Tricare may change when you experience different life
events. Topics include
activating/becoming Medicare-eligible, having a baby, divorcing, retiring,
moving and much more. Relevant topics appear based on your profile.
With the magnitude and complexity of the Tricare program there are a few shortcuts to quickly find what you need to obtain maximum benefits:
1.)
Enter your profile: Once you’ve entered your
profile, you’ll get a tailored list of your most popular topics on your home
page. Entering your profile first also
ensures the site is tailored to you. If
you click through the site without a profile, you’ll be asked to enter it at
some point once you look for detailed content.
2.)
Need a phone number? All the toll-free numbers
are found on the “Tricare Contacts" page found in the horizontal
navigation at the top of every page.
3.)
Need a form? Find enrollment forms, claim forms
and other common Tricare forms in PDF format for download on the “Forms” page
found in the horizontal navigation at the top of every page.
4.)
Use Google Custom Search: The Google Custom
Search feature is quick and easy. Just
enter a keyword and off you go.
5.)
¿Usted habla español? El sitio Web de Beneficiarios
de TRICARE se encuentra disponible en español. Simplemente haga clic en el
botón “Español” en la parte superior de la página.
[Source: The Tricare Blog 8 Apr 09
++]
===============================
TRICARE TELEPHONE NUMBERS: Tricare uses several different contractors to administer your benefits--health care, pharmacy and dental--around the world. Because there is no "single" customer service number for everything you need the following are organized by category:
Regional Health Plan Numbers
·
HealthNet Federal Services, LLC (North Region)
1-877-874-2273
·
Humana Military Healthcare Services, Inc- (South
Region) 1-800-444-5445
·
TriWest Healthcare
TRICARE Programs Numbers
·
DEERS (Eligibility) 1-800-538-9552
·
Tricare Dental Program 1-800-866-8499
·
Tricare for Life/Dual Eligibles 1-866-773-0404
·
Tricare Mail Order Pharmacy 1-866-363-8667
·
Tricare Online (TOL) 1-800-600-9332
·
Tricare Retail Pharmacy 1-866-363-8779
·
Tricare Retiree Dental Program 1-888-838-8737
·
US Family Health Plan 1-800-748-7347
·
Military Medical Support Office 1-888-647-6676
Tricare Overseas Program Numbers
All Overseas Areas non-Toll Number
(available in the
Tricare Area Offices (
·
TAO-Pacific 011-81-6117-43-2036
·
TAO-Latin
·
TAO-Europe 011-49-6302-67-7432
TRICARE Dental Program Overseas 1-888-622-2256
International SOS Alarm Centers
·
Tricare Europe 44-20-8762-8133
·
Tricare Latin America/Canada 1-215-701-2800
·
Tricare Pacific (
·
Tricare Pacific (Sydney) 61-2-9273-2760
[Source: Tricare Beneficiary website www.tricare.mil/mybenefit Apr 09 ++]
===============================
DOD to VA TRANSITION Update 08: Veterans Affairs Secretary Eric K. Shinseki told American Forces Press Service (AFPS) the best way to ensure servicemembers transition seamlessly from the Defense Department to the Department of Veterans Affairs when they leave the military is to start the process at the swearing-in ceremony. "Seamless transition really has to begin when that servicemember is still serving, puts on the uniform, raises a right hand and takes the oath of allegiance," said Shinseki, who spent 38 years in uniform before retiring in 2003 as Army chief of staff. "We need to begin the transition then." Shinseki said he's had several conversations with Defense Secretary Robert M. Gates about ways to continue improving the transition process between the two departments. One concept, called uniform registration, would enroll servicemembers automatically in a single Defense-VA management system when they join the military. As envisioned, the system would have two components: one for personnel files and another for medical files.
Shinseki explained the benefits of uniform registration last month during a Senate Veterans Affairs Committee hearing. "Uniform registration will push both of us, both the VA and the [Defense Department], to create a single, electronic record that would govern how we acknowledge, identify, track and manage each of our clients," he said. "That way, we could begin to track them throughout the course of their service in uniform – whether it's two years, four years, 10 years, 30 years. And when the change in their status occurs and they take the uniform off and return to civilian life, the transition has already been done. They are already a member of our department, we know who they are, and we have been watching their development." The initiative, he said, would result in better, faster, more consistent management decisions, with less chance of lost files or destroyed claims and fewer backlogs in processing claims. Servicemembers leaving the military would come to VA as known entities, and their entitlements would be clear, Shinseki said. Meanwhile, VA could better project veterans' needs. Shinseki told the Senate committee both VA and the Defense Department are in agreement about the goodness of such a system and have people working toward making this a reality.
Uniform
registration is really just an extension of other VA-administered programs that
cover those in uniform, Shinseki said. These include Servicemembers' Group Life
Insurance, educational loans and guaranteed home loans. "So this idea that
your benefits begin when you take off the uniform is misleading," he said.
"Those benefits are there in those categories from the time they begin
serving." The Defense and Veterans Affairs departments have been working
diligently to eliminate gaps as servicemembers – particularly wounded warriors
– transition from military to civilian life. Congressional panels, blue-ribbon
commissions and in-house investigations all have pointed to the need for the
two departments to improve their coordination and cooperation to better serve
transitioning troops. Shinseki told the Senate panel progress being made will
help ensure better care and support for veterans. "Through a cooperative
effort, we seek to improve the delivery of benefits and assure the availability
of medical data to support the care of patients shared by VA and the Defense
Department," he wrote in his written testimony. "This will enhance
our ability to provide world-class care to veterans, active-duty servicemembers
receiving care from both health-care systems, and our wounded warriors
returning from
===============================
DOD to VA TRANSITION Update
09: President Barack Obama
on 9 APR promised a more efficient record system to ease delays in health care
for wounded veterans, as the government copes with more than 33,000 military
personnel injured in wars in
Obama made the
announcement with Defense Secretary Robert Gates and VA Secretary Eric
Shinseki. He said he’s asked them to come up with a unified systems, and
they’ve taken the first steps to do that. The electronic record keeping system
would handle military service members’ administrative and medical records from
the day they enter service and insure that those files are transferred automatically
to the VA when they leave active duty. As the president tackles the larger
problem of health care for all Americans, he is proposing massive spending to
enable providers to keep patients’ records on computer networks, a development
that Obama says will cut costs in the long term and reduce medical errors.
Obama has been pushing as well for increased spending for veterans, claiming
those who have and are serving in
===============================
TRICARE USER FEE Update 35: Leaders of the House Armed Services Committee say they expect the Pentagon will once again propose big Tricare fee hikes for military retirees. Their 15 MAR letter to the Chairman of the House Budget Committee was very specific on the latter point, and asked for extra budget authority to reject the expected increases. “The committee believes that the [end of April] budget request will again assume over $1 billion in savings within the Defense health budget, based on recommendations from a previous Defense Department Task Force,” said the letter signed by Chairman Ike Skelton (D-MO) and Ranking Minority Member John McHugh (R-NY). “The committee will need additional [budget headroom] to prohibit the fee increases that we expect will be proposed by the Department of Defense.” Those who agree that that’s the last thing the Defense Department should do, still have time to weigh in with the President and the Secretary of Defense need to act quickly. At http://capwiz.com/moaa/issues/alert/?alertid=13015596&type=PR you can send an email or letter to president Obama urging reconsideration of the unfair TRICARE fee increases proposed in the last three defense budgets.
You can also
email Secretary of Defense Gates. The Secretary has no public e-mail address,
so you have to go to the DoD Web site http://www.defenselink.mil/faq/questions.aspx
, click on the “Ask a Question/Make a Comment” tab at the top, fill out the
required information, and include a comment of your own making or this recommended
comment: "For Secretary Gates: As you prepare the FY2010 budget, please
don't resume past failed efforts to impose unfair Tricare fee increases on
retired military families. Career military people were told that their decades
of arduous service and sacrifice constituted a steep, pre-paid premium that
earned lifetime health coverage. Large proposed Tricare fee hikes have been
upsetting because they devalue those decades of sacrifice -- in wartime, no
less. Please seize this opportunity to suspend these divisive efforts and work
with military associations to develop positive incentives and 'win-win'
solutions for all concerned." [Source: MOAA News Exchange 8 Apr 09 ++]
===============================
VA FRAUD Update 19: A former
Sebero served
in the Air Force from 1969 to 1975, when he told military personnel he was
injured while unloading a snowmobile. He later claimed he had lost the use of
his legs. After he retired and began receiving disability compensation the next
year, Sebero started Custom Excavation and continued operating the business
until 1992, investigators found. Since 1992 he has owned and operated Custom
Aviation, an aircraft-maintenance operation for small planes at Felts Field in
===============================
URBAN LEGENDS: All of us have at one time or another been fooled by email containing misinformation that is misleading or out-and-out false. If you are left wondering about something newly arrived in your inbox, you can check it out at the Urban Legends website http://www.snopes.com/search. Some recent misleading email addressed by Snopes is:
·
Are the Boston Red Sox postponing their 2009
home opener to avoid a conflict with Passover? http://www.snopes.com/politics/religion/redsox.asp
·
Cuteness alert: Photographs show Jasmine, a
greyhound who cares for other animals at a wildlife sanctuary. http://www.snopes.com/photos/animals/jasmine.asp
·
Did patients on life support die when a
·
Photographs show Katie Kirkpatrick, a
21-year-old cancer victim who passed away five days after her wedding. http://www.snopes.com/photos/people/katie.asp
·
Will the Pittsburgh Steelers be forced to
surrender half their Super Bowl titles to less fortunate teams? http://www.snopes.com/politics/satire/steelers.asp
·
Photographs show a snake trapped by an
electrified fence. http://www.snopes.com/photos/animals/fencesnake.asp
·
Article describes military gallantry of Medal of
Honor recipient Ed Freeman. http://www.snopes.com/politics/military/freeman.asp
·
Is
·
Politician cites the wrong verse as his favorite
Biblical passage. http://www.snopes.com/politics/humor/bibleverse.asp
·
Unclothed woman distracts drivers by washing
their windshields while her partner robs the cars. http://www.snopes.com/humor/jokes/windshield.asp
[Source: www.snopes.com Update #409 5 Apr 09 ++]
===============================
MEDICARE OPT OUT RULE: Users of Original Medicare, the traditional Medicare health plan that is run directly through the federal government—not a private plan like an HMO or PPO—and can see any provider in the country who accepts Medicare, without referral. If a provider decides to “opt out” of Medicare, meaning that they would no longer participate in the Medicare program at all, their Medicare patients will be required to pay for their services received upfront. If a provider advises a patient they would still submit claims to Medicare on his/her behalf, so that he/she could be reimbursed for the cost of care, Medicare will initially deny the claim. Providers who have opted out of Medicare do not receive payments from Medicare at all and cannot submit claims to Medicare. They are required to have Medicare patients sign a form that says they understand Medicare will not pay and they must pay for services themselves. However, if a provider who has opted out fails to have the patient sign such a form, Medicare can pay if the patient asks for a redetermination of Medicare's decision not to pay.
Upon receipt of a request for redetermination Medicare will ask the provider for proof that a contract had been signed. If a provider fails to produce the contract, Medicare should reimburse the patient for the services up to 15% above Medicare's payment amount for the services received, minus the amount of any deductibles and coinsurance due. To avoid having to pay in full for doctor’s services you should always see a doctor who accepts Medicare, preferably one who accepts Medicare’s assignment. When you see a doctor who takes assignment, you are responsible only for the Medicare coinsurance amount—the amount you must pay for services covered by Medicare. Not all doctors who accept Medicare also accept Medicare’s assignment, so you should ask. If they do not accept assignment, you can be charged up to 15% more than Medicare’s approved payment for the service in addition to your Medicare coinsurance. All providers who have not opted out of Medicare, regardless of whether they accept assignment or not, must submit claims to Medicare. Providers who have properly opted out of Medicare may not submit claims to Medicare. [Source: Medicare Watch 7 Apr 09 ++]
===============================
SSA COMPASSIONATE ALLOWANCES PROGRAM: If you have a friend or loved one who has become disabled due to a serious medical condition, help may be on the way from the U.S. government—and more quickly than ever before. The Social Security Administration has set up a program called “compassionate allowances” to expedite disability claims for people with severe medical conditions. According to the Social Security website: “Social Security has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards.” Compassionate allowances are a way for the Social Security Administration to fast-track benefits for people who have diseases or other medical conditions that invariably qualify as disabilities under the agency’s Listing of Impairments. Typically, such claims can be decided within days. “Compassionate allowances will allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly,” according to the Social Security website. The Initial List of Compassionate Allowance Conditions includes 50 severe diseases or medical conditions such as Acute Leukemia, Amyotrophic Lateral Sclerosis (also known as Lou Gehrig’s Disease), and several types of cancer. For all the conditions on the list refer to www.socialsecurity.gov/compassionateallowances/conditions.htm . The list was developed with the help of medical and scientific experts. The Social Security Administration also held a series of public outreach meetings: the first on rare diseases in DEC 07; the second on cancers in APR 08; and a third on brain injuries in NOV 08. The Social Security Administration may expand the list of Compassionate Allowance Conditions over time. [Source: AARP Sharon O'Brien article 6 Apr 09 ++]
===============================
Riverside National
VET CEMETERY ROLL CALLS: On16 MAY, as part of its Memorial Day
observance, the
Despite the
daunting number of names and the time involved, Gallo said there has been
strong support for the project with over 200 volunteers as of 6 APR. Jim
Ruester, the cemetery's public affairs officer, said that while the goal is to
find another 130 readers, he isn't going to turn anyone away. "If someone
wants to do it, we'll find a way," Ruester said. "If we get 600,
everyone will do half an hour." Volunteers can call 951-653-8417. The roll call will begin at 1400 16 MAY.
During the daylight hours, Ruester said the names will be announced from the
amphitheater area by two readers at a time, alternating the calling of the
names. At night, the readers will move to the flagpoles near the cemetery entrance,
where the area remains lighted. Both he and Gallo said they hope this will
become an annual event. The
===============================
VETERANS CARE PROGRAM:
According to a 2004 Harvard study,
11.9% of military veterans are uninsured. For veterans who do not have a
service-connected disability, the VHA will only provide care if a veteran earns
less than the Geographic Mean Income Threshold, which measures both income and
assets. Furthermore, if a veteran does not have access to employer-subsidized
health insurance, he or she my find it difficult to afford the $4,000 premium
that an average individual health insurance policy costs in
·
Ages of 19 through 64; and
·
Not eligible for VA healthcare; and
·
Not eligible for other state healthcare programs
such as Family Care; and
·
Not been dishonorably discharged; and
·
Have served 180 consecutive days active duty
after training; and
·
Income is in the approved income range (varies
by county and household size). Income thresholds can be found at www.illinoisveteranscare.com/county.html; and
·
Have had no health insurance for at least six
months. However, you may still be eligible if your only insurance coverage in
the last six months:
a)
Ended due to the loss of your employment or your
spouse's employment.
b)
Ended due to the loss of FamilyCare or other
state medical assistance.
c)
Ended due to the life-time benefit limit in your
coverage.
d)
Is through a spouse's plan that you are unable
to access.
e)
Is
purchased through COBRA, or
f)
Is through post active-duty Tricare coverage
Veterans can apply through any of the Illinois Department of Veterans Affairs offices which can be located at www.illinoisveteranscare.com/vetoffices.html or by calling 877-483-8779. Applications can be downloaded at www.illinoisveteranscare.com/assets/hfs2378vc.pdf. Participants will have to pay monthly premiums of $40 or $70 based on their income. Applicants will be ineligible for reenrollment for three months if they are cancelled due to not paying their premiums. There are also co-payment charges for medical services. Co-payments will be:
·
Doctor visits - $15
·
Generic prescription drugs - $6
·
Name brand prescription drugs - $14
·
Hospital emergency room visits -$50
·
Hospital admissions - $150
·
Hospital or Ambulatory Out-patient treatment -
10% of covered services
·
Dental visits -$15
Services covered are: Hospital care; Doctor services; Prescription drugs; Care at clinics; Physical, occupational, and speech therapy; Laboratory tests and X-rays; Alcohol and substance abuse services; Medical equipment, supplies, and appliances ; Emergency medical transportation; Hospice care; Home healthcare; Renal dialysis; Family planning; Optometric care; Podiatric care; Limited Dental care; Chiropractic care; Audiology services; and Mental health services. [Source: www.illinoisveteranscare.com/about.html Apr 09 ++]
===============================
AHLTA Update 05: Three
high-ranking officers of the Army, Navy and Air Force health services took
turns before a House joint subcommittee hearing in late MAR to criticize the
Military Health System’s AHLTA outpatient electronic health-record system, but
in their written and oral testimony, none called for scrapping the troubled
system, at least not immediately. Problems with what formerly was called the
Armed Forces Health Longitudinal Technology Application but later officially
shortened to AHLTA go way back, noted Rep. Susan Davis (D-CA), chairwoman of
the Military Personnel Subcommittee of the House Armed Services Committee.
Last summer, the Defense Department held a virtual “town hall” meeting of military health system providers to get feedback on AHLTA, and providers blasted the EHR in a majority of the more than 200 comments posted on the Web site of the AHLTA forum. Rep. Joe Wilson (R-SC), the ranking member of personnel subcommittee, who has four sons serving in the military, said "Congress is aware of military providers’ difficulties with AHLTA. While l applaud the department for the tremendous effort it has taken to deploy this system, I have serious concerns about the state of the system today. The committee has heard from military doctors and nurses who use AHLTA that it is unreliable, difficult to use and has decreased the number of patients they can see each day. We have also heard that medical professionals leave the profession because of their frustrations with AHLTA.” Rep. Jeff Miller (R-FL), the ranking member of the terrorism panel, warned that congressional patience was wearing thin. “We have to get this right,” Miller said. “Four billion dollars later and it appears that things are not working as advertised. Again, $4 billion later, we have to get this right.”
To emphasize the point, Miller asked the service branch leaders, “Do your folks spend more time working with or working around AHLTA?” Lt. Gen. Eric Schoomaker, the commanding general of the Army Medical Command and the surgeon general of the Army, answered first. “Sir, I’d have to say candidly at the provider level, they spend as much or more time working around the system as they do working with the system,” Schoomaker said. For primary care, the functional problems with the system are not so bad, according to Schoomaker, but for medical specialists, “the system is hard to use.” Discontent came to a head last summer around the time of the town hall forum in July. “We faced a near mutiny of our healthcare providers, our doctors, our nurse practitioners,” Schoomaker said. One bright light with AHLTA, Schoomaker said, was the system makes it easier for leadership to access some population data that had been impossible to obtain before. But overall, he said, “At the provider level, there are too many work-arounds.”
Maj. Gen. Charles Bruce Green, the deputy surgeon general of the Air Force, said in his written testimony that AHLTA even lacks the capability to efficiently capture standard Defense Department forms, such as physical examinations and service profiles. “The current (updated) AHLTA version was scheduled for worldwide deployment by the end of last year, but problems with the initial large-scale rollout caused this date to slip,” Green said. “As a result, there have been no substantial functionality improvements in AHLTA in the last four years.” Schoomaker said the Army has taken “significant steps” to increase its usability and increase provider satisfaction with AHLTA, but the military is, basically, stuck with the system. “It should be noted there is no easy alternative to AHLTA, and there is no commercial system or federal system that can currently meet the needs of the (Defense Department) given its global and mobile population,” Schoomaker said. “The most recent version of AHLTA despite its past and current challenges, is showing improvement and appears to be well-accepted by providers.”
But Rep. Vic Snyder (D-AR), a physician, said he didn’t believe the mobility of the military population itself was what ails AHLTA. “I don’t know a population that is not global and mobile,” Snyder said. “I don’t think that’s the core of the problem. Other businesses deal with the global/mobile problem all the time.” Schoomaker conceded in his oral testimony there were other problems with AHLTA. “In my opinion, the failures of AHLTA can be attributable to the overall lack of a clear actionable strategy and poor execution from its genesis,” Schoomaker said. He said the system is deployed at 70 hospitals and 410 medical clinics and six dental clinics in the Military Health System, plus 14 theater hospitals and 208 of what he called “resuscitative sites.” The system is slated for rollout this spring at another 362 dental sites. Schoomaker also said providers within the armed services should have more say about changes to the EHR they have to use. C. Ward Casscells, the head of the Military Health System, promised to make improvements. One is a long-term plan to switch from AHLTA’s client-server architecture with a centralized database to a Web-based, service oriented architecture and a network of distributed databases. “I’m cautiously optimistic that the direction taken (by Casscells) will move us in that direction,” Schoomaker said. [Source: HITS Joseph Conn article 31 Mar 09 ++]
===============================
ARLINGTON NATIONAL
CEMETERY Update 05: The
Washington Post reported 5 APR that a funeral home that helps handle veterans
awaiting burial at Arlington National Cemetery left corpses in an
unrefrigerated garage, hallways and on makeshift gurneys, according to a former
embalmer who has given his photographs and notes to authorities. “It was
disturbing and disrespectful and unethical,” said Steven Napper, a retired
Lisa Hahn, the
board’s executive director, told the Post she could not confirm a current probe
or talk about allegations. Service Corporation International’s Virginia Funeral
Services is investigating the allegations, but has found its facilities comply
with laws and regulations, company president J. Scott Young said in a
statement. No employee brought any such conditions to the company’s attention,
he said. “Our company is committed to treating all human remains with the
utmost dignity and respect at all times,” he said. Photos in a video on the
Post Web site show several coffins stacked on a rack in what Napper said was an
unrefrigerated garage. Another photo shows a body wrapped in a white sheet on
top of a cardboard box. A message left 5 APR by The Associated Press for Napper
at a listed home number was not immediately returned. In 2003, Service
Corporation International reached a $100 million settlement with hundreds of
families over allegations involving two
Ronald Federici
saw a lukewarm cooler overflowing with exposed bodies when his Army colonel
father’s body was taken to National in DEC 08. “The stench was disgusting,”
Federici of Clifton, Va., told The Associated Press. He described seeing about
1 to 2 inches of feces and urine on the floor. Federici immediately reported
his observations to officials at
===============================
GI BILL Update 42: In a welcome surprise, the VA announced this week that USPHS and NOAA Commissioned Corps officers will be entitled to educational benefits under the Post-9/11 GI Bill if they performed qualifying active duty after 10 SEP 01. The language of the new law doesn’t specifically cite their eligibility, but VA lawyers found a 1985 legal opinion that let them include the USPHS and NOAA Corps in the new program. Under the Post-9/11 GI Bill, the VA will pay the full cost of undergraduate tuition and fees at any public college or university program for veterans who have 36 months active duty since 10 SEP 01. The benefit can be used for undergraduate, graduate or PhD-level programs. The VA also will pay a monthly housing allowance equal to the basic allowance for housing payable to an E-5 with dependents, in the same zip code as the school; and, a yearly book stipend of $1,000 per year. Benefits may be paid during active duty service, with the exception of the housing stipend.
The VA’s decision leaves no wiggle room to permit the USPHS/NOAA Corps officers to transfer their benefits to a spouse or dependent children. The law gives DoD the exclusive authority over “transferability” as a tool to induce longer service through reenlistment or a service extension agreement. For instance, the Post-9/11 GI Bill permits DoD to offer transfer of benefits to spouses at the sixth year of service in exchange for a four-year extension or reenlistment and at the completion of the 10th year to children. A law change now will be required to authorize the Dept. of Health and Human Services in the case of USPHS officers and the Dept. of Commerce in the case of NOAA Corps officers to transfer the benefits to spouses or children. MOAA has been working closely with the Commissioned Officers Association of the US Public Health Service, a Military Coalition partner, VA officials and congressional staff to urge the change. USPHS and NOAA Corps officers have been entitled to every GI Bill program since World War II. [Source: MOAA Leg Up 3 Apr 09 ++]
===============================
VA CLAIM SHREDDING Update 04:
1. What happened? • An audit of mail processing procedures at four Veterans Administration regional offices by VA's Office of Inspector General (OIG) found 36 claims documents had been inappropriately placed in shred bins for disposal. VA immediately ceased all shredding activities while a nationwide review was conducted of all documents in shred bins. Approximately 500 documents that could potentially affect a claimant's entitlement to benefits were found improperly placed in shred bins at various regional offices. These regional offices are taking appropriate action on all of the documents found.
2. What is VA doing to keep this from happening again? • VA has established tighter controls over all claims documents and conducted special training for all employees who process veterans' applications. All regional office shredding equipment and operations are now under the strict control of the facility records management officer. Every employee has been given a separate receptacle for all papers determined appropriate for shredding. These receptacles are subject to review by supervisory personnel and the records management officer. Before any duplicate claims document can be shredded, it must now be reviewed by two persons and the facility records management officer.
3. How do I know if any of my claims documents were destroyed? • You may contact VA on our toll-free number, 1-800-827-1000, or send an inquiry through IRIS.VA.GOV. You may also review your claims folder at your local regional office. VA electronically tracks documents for currently pending claims and can verify receipt of your documents through its tracking system. VA also retains your claims applications and supporting documents in your VA claims file. Public contact representatives will review VA's record systems to verify receipt of applications and supporting evidence.
4. What is VA doing about missing documents? • VA has special new procedures to assist claimants in establishing that an application or other claims document was previously submitted to VA, but was not properly acted upon by VA or retained in the veterans' claim record. The special procedures cover any missing documents submitted by a veteran or other claimant during the 18-month period immediately preceding the date VA ceased all shredding activities, or between April 14, 2007 and October 14, 2008. VA will process any missing applications or evidence resubmitted under these special procedures as if they were received on the date originally submitted, as identified by the claimant. Claimants have one year, or until November 17, 2009, to file previously submitted documents under these special rules.
5. If I believe that some of my documents are missing, what should I do? • If VA does not currently have one or more of the documents you submitted between April 14, 2007 and October 14, 2008 in connection with your claim for VA benefits, you should submit a request for consideration under VA's Special Claims Handling Procedures for Missing Documents.
6. How do I submit a request for consideration under these special procedures? • If you submitted an application or other supporting evidence between April 14, 2007 and October 14, 2008, and you believe VA does not have the document, you should submit a request for consideration under VA's Special Claims Handling Procedures for Missing Documents. Your request should be made in writing and sent to your local regional office or through your veterans service officer. Your request should include the date the document was originally submitted to VA. To support your statement, please include copies of any of the missing documents, if available, such as a copy of your application form, a dated transmittal or cover sheet from your veterans’ service officer, or confirmation from the mail deliverer. VA public contact representatives are available to assist anyone desiring to file a claim under the Special Claims Handling Procedures for Missing Documents. You may call our toll-free telephone line (1-800-827-1000) or visit any of VA's regional offices for assistance.
7. What if I don't have a copy of the previously submitted document(s)?
•
If the missing document is a completed
application form for VA benefits, and you have not yet re-filed that
application, you should complete another application form and submit it with
your request for consideration under the Special Claims Handling Procedures for
Missing Documents.
•
If you have already resubmitted your application
form, but want VA to consider that application from the earlier date of your
original submission, you should state that in your request for consideration
under the Special Claims Handling Procedures for Missing Documents.
•
If the missing document is a VA or private
medical record or other supporting evidence, please provide as much information
as possible to specifically identify the missing document. VA will assist you
in obtaining a duplicate copy.
8. What if I submitted my claim through my Veterans Service Officer? • If you think claims-related documents submitted through your representative were lost, you should contact your representative to obtain more information. If your representative has a copy of the evidence previously submitted, you may submit that documentation along with your request for consideration under VA's special claims handling procedures.
9. What if I have new evidence to submit? • If you have additional evidence related to your pending claim that you have not previously submitted, please send that evidence to your local VA regional office as soon as possible. VA will consider that evidence along with all other evidence in making a decision on your claim.
10. How long do I have to submit a request for consideration under the Special Claims Handling Procedures for Missing Documents? • You have until November 17, 2009 to submit previously submitted documents.
11. If VA determines I am entitled to benefits, will VA pay me from the date I originally submitted the missing documents? • VA will process any missing applications or evidence resubmitted under these special procedures as if they were received on the date originally submitted, as long as the date of original submission is between April 14, 2007 and October 14, 2008.
12. What if the missing claim document was submitted before April 14, 2007? • To support your statement that you originally filed your claim before April 14, 2007, please submit any documents you have that show you previously submitted this claim, such as a copy of your claim with a VA date stamp or date stamp of your representative, a dated transmittal or cover sheet from your representative's office, or confirmation from a deliverer of mail. We ask that, in addition to proof that you submitted a claim previously, you submit copies of whatever documents you submitted with that claim. If you did not retain copies of the documents that accompanied the claim you previously submitted, please clearly describe the documents. VA will consider your claim based on all evidence received, including evidence already in your claims folder. Effective dates earlier than April 14, 2007 may be established based upon receipt of credible corroborating evidence supporting the earlier date of document submission.
13. How can I protect myself when I submit my claim/evidence in the future? • You are encouraged to make a copy of your application and supporting documents before submitting them to VA.
[Source: Ft. Myers FL News-Press article 1 Apr 09]
===============================
VA VET CONTAMINANT EXPOSURE
Update 02: The Department of
Veterans Affairs (VA) has announced 3,174 Veterans have already been notified
of the results of testing they underwent recently. That testing was conducted
because of improperly reprocessed endoscopy equipment that may have been used
in their care. These Veterans, in the
As of 1 APR 09,
17 Veterans have tested positive for Hepatitis B, Hepatitis C, or the Human
Immunodeficiency (HIV) Virus. Five
Veterans tested positive for Hepatitis B virus; eleven for Hepatitis C; and one
for HIV. Of the positive test results, eleven were tested at VA's
VA is
continuing the process of testing and counseling Veterans who may be affected
by this issue. The Department has added
additional personnel at its
===============================
MEDICARE HOSPITAL
DISCHARGE Update 01: A large study found that one in
five Medicare patients end up back in the hospital within a month of discharge
and that practice costs billions of dollars a year. The findings suggest
patients aren't told enough about how to take care of themselves and stay
healthy before they go home, the researchers said. A few simple things like making a doctor's appointment for
departing patients can help, they said.
The study found that a surprising half of the non-surgery patients who
returned within a month hadn't even seen a doctor between hospital stays.
"Hospitals put more effort into the admission process than they do into
the discharge process," said Dr. Eric Coleman, one of the study's authors
from the
The issue of
hospital readmissions and their cost has come under scrutiny in recent years.
And it's getting attention now because President Barack Obama's budget calls
for reducing spending on Medicare readmissions to pay for health care
reform. For their study, reported in the
2 APR
"It's a
big hunk of money and it's a big hunk of misery," said another study
author, Dr. Stephen Jencks, an independent consultant who worked for the
Centers for Medicare and Medicaid Services. Besides making follow-up doctor
appointments, Jencks said hospitals should give patients a list of all their
medications, explain what to do at home and where to call if they run into
problems. He said the hospitals should also call the patient within two days
and make sure that the patient's doctor knows they were in the hospital. He
said the goal is to keep patients from getting really sick again, not to keep
them out of the hospital if they do. The differences in readmission rates among
states suggest that improvements can be made, he said.
Dr. Brian Jack
at
===============================
MEDICARE FRAUD Update 12: Attorney General Anne Milgram and Criminal
Justice Director Deborah L. Gramiccioni announced that a Monmouth County New
Jersey pain management doctor was sentenced 2 APR for fraudulently billing
Medicare and private health insurance companies for more expensive medical
procedures than were actually administered to his patients. According to
Insurance Fraud Prosecutor Greta Gooden Brown, Frederic Feit, 59, of Manalapan,
was ordered by Superior Court Judge Ronald Lee Reisner in
In a separate
case a Maryland Heights Missouri podiatrist admitted on 2 APR that she created
phony medical records to fool a Medicare audit. Dr. Bic Chau Stafford, 59, of
===============================
Medicare Fraud Update 13: A trio of health clinic operators in
southern
Two sisters
convicted of conspiring to defraud Medicare and Medicaid were sentenced to
prison by U.S. District Judge John D. Rainey in
===============================
TRICARE UNIFORM FORMULARY Update 28: The Department of Defense Pharmacy and Therapeutic committee (DoD P&T) has reviewed and selected a limited number of blood glucose monitor test strips that will save money for beneficiaries and DoD. Four self-monitoring test strips are included in the DoD Uniform Formulary. The Uniform Formulary is a standardized list of covered prescription medications available to the 9.4 million beneficiaries of the Military Health System (MHS). Co-pays are determined by “tier.” The four approved test strips are now available to beneficiaries at a co-pay of $9 (Tier 2). Accuracy of blood sample size, alternate site testing, result time, memory capacity, manufacturer customer support, and ease of use were some of the criteria taken into consideration for the review. The preferred test strips are the newest technology and the most cost-efficient according to the DoD P&T. “The review by the committee of all the available glucose strips, which included a review of respective meters, allowed us to select several strips that we feel meets the needs of our diverse patient population,” said Army Medical Corps COL John Kugler, Chairman of the DoD P&T Committee, TRICARE Management Activity. “Our analysis also drives down the cost to the government by narrowing the number of options in Tier 2 and moving others to Tier 3 on the Uniform Formulary list.” The test strips reviewed and chosen are:
·
Precision Xtra
·
Accu-chek Aviva
·
Bayer Contour
·
Freestyle Lite
TRICARE officials are encouraging beneficiaries to switch to the preferred test strips, which offers them a choice in strips and saves money. Additional options for test strips on Tier 3 are still available for the $22 co-pay. Beneficiaries who choose to use the preferred strips will have the opportunity to order a new meter that corresponds with their test strips. There is no cost for the new meter. Beneficiaries who have used glucose test strips within the past year should have received a letter communicating details of the change. For more on glucose test strips click the medication tab, then over-the-counter medications and supplies at http://www.tricare.mil/pharmacy. Beneficiaries making the switch have many options including contacting a Military Treatment Facility pharmacy or clinic for information on how to receive a new no-cost formulary meter. To contact the companies directly refer to the following:
·
Bayer
Contour: To receive one free meter call 1-800-348-8100 or visit http://www.bayerdiabetes.com/us. To receive a
free meter using the Web site click on the “home” tab then click on “Contour.”
·
Precision
Xtra, Freestyle Lite or Freestyle Freedom Lite: To
receive one of these three meters call 1-800-224-8892, weekdays from 08-2200
EST; or by E-mail at OrderFulfillment@abbottcustomercare.com; or visit http://www.meters.abbottdiabetescare.com.
·
Accu-chek
Aviva: To receive one free meter call 1-800-858-8072 or visit http://www.accu-chek.com.
[Source: Tricare News Release 09-26 dtd 3 Apr 09 ++]
===============================
TRICARE UNIFORM FORMULARY Update 29: The following inhaler medications will remain at the lower copays of either $3 or $9: Asmanex, Pulmicort Respules, Flovent HFA and Diskus, Serevent, Floradil, Brovana, Advair HFA and Diskus, and Symbicort. The following drugs will be available at the $22 copay: Alvesco, Pulmicort Flexhaler, QVAR, and Perforomist. Aerobid and Azmacort were also moved to the third tier but they are expected to be removed from the market because they contain chlorofluorocarbon (CFC) propellant. DoD proposed adding the TRUEtest blood glucose monitoring test strip to the regular formulary. The test strip is used in TRUEresult and TRUE2go meters. The new third-tier recommendations will be submitted to the Assistant Secretary of Defense (Health Affairs) for final decision. DoD will provide notifications to all beneficiaries currently taking the medications being moved to the third tier so that they and their doctors can consider alternative medications available at the lower copay. Information on alternative medications can be found via Tricare’s Formulary Search Tool http://www.tricareformularysearch.org/dod/medicationcenter/default.aspx. A doctor who believes it is important for a patient to take the third-tier medication can provide "medical necessity" justification to Tricare. If approved, the patient will continue receiving the medication at the lower copay.
Note: Special TMA Announcement – The Military Health System’s (MHS) pharmacy claims processing service is experiencing higher than normal processing times. This issue is affecting all three points of prescription services (Military Treatment Facilities, Tricare Mail Order Pharmacy, and Tricare Retail Network Pharmacies). Beneficiaries may experience minor delays in pharmacies processing prescriptions while this issue continues. The slow system performance is not related to Tricare’s pharmacy contractor, Express-Scripts, or the Military’s medical information system. TMA is working closely with the vendor to resolve this situation.
[Source: MOAA Leg Up 3 Apr 09 ++]
===============================
ECS 2009 Update 09: The 2009 Economic Stimulus (ECS) package is a combination of tax reductions and government funded projects throughout the nation. For a listing of projects and funds allocated by state refer to http://www.stimuluswatch.org/project/by_state. Non-working military retirees or survivors are not eligible for the tax reduction, but will see the reduced withholding in their retired pay or survivor annuities. That's because DFAS is required to use the new tax withholding tables published by the IRS for retired paychecks or annuities arriving in bank accounts on 1 MAY. To add to the confusion, the stimulus bill also provides a $250 payment to those drawing Social Security or VA disability compensation. So if a retiree or survivor draws VA disability or Social Security, he/she will get the $250 payment on top of the reduced income tax withholding. A working retiree who also draws Social Security or VA disability compensation will get the $250 payment and will also have the additional $400 ($800 married filing jointly) withheld from BOTH military retired pay AND employer pay. There will be some rude awakenings next year when retirees or survivors discover they've been "under-withheld" and owe an unexpectedly large tax bill on their 2009 taxes. To prevent this from happening you need to act on one of the below:
·
Non-working
military retiree with Social Security or VA disability compensation - Will
get a $250 check from Social Security or the VA soon, and will end up having
$400/$800 (singe/married) less withheld from their retirement checks this year,
but will still owe that money when they file taxes next year. SOLUTION: DFAS executed the new withholding on
April 1, therefore, retirees in this category can ask DFAS to restore the previous,
higher withholding amount (note: the reduction in withholding will not appear
in checks until 1 MAY.)
·
Working
military retirees who DON’T receive Social Security or VA disability
compensation - Will have $400/$800 less withheld from BOTH
their military retired pay AND from their employer’s pay – a total of
$800/$1,600 less withheld, which means they’ll have to pay $400/$800 of that
back when they file their 2009 taxes next year (you can only get the tax credit
once). SOLUTION: People who don’t want that to happen can ask
EITHER DFAS or their employer to restore the original higher withholding now.
·
Working
military retirees who DO receive Social Security or VA disability compensation - Will
get the $250 payment soon and will also have $400/$800 less withheld from both
their military retired pay AND from their employer’s pay -- a total of
$800/$1,600 less withheld. But the total tax credit they can qualify for will
be $400/$800, and the $250 counts against that. That means they’ll end up
having to pay back $650 (single) or $1,050 (joint filer) of that money when
they file their 2009 taxes next year. SOLUTION: If they don’t want that to happen,
they should ask DFAS and/or their employer to increase their withholding an
extra $100-$180/month for the rest of the year so they come out even.
Changes to much of a
retiree’s pay account can be made via myPay at http:/mypay.dfas.mil
or by calling the Retired/Annuitant Pay Customer Service Center at 1(800)
321-1080. Retirees may also send an
e-mail via myPay or by regular mail to:
===============================
ECS 2009 Update 10: The Internal Revenue Service released new withholding tables 21 FEB that will result in more take-home pay this spring for millions of American workers. [Note: Unfortunately the new tables are required to be used by DFAS for all military retirees and annuitants whose taxable pensions are not considered earned income. This will result in their having to pay the difference back to the government with their next tax filing]. The tables incorporate the new Making Work Pay credit, one of the key tax provisions included in the American Recovery and Reinvestment Act of 2009 that became law in FEB 09. “For most taxpayers, the additional credit will automatically start showing up in their paychecks this spring,” said IRS Commissioner Doug Shulman. “Since employers and payroll companies will handle this change, people typically won’t need to take any additional action. The IRS will continue working to implement this and other provisions of the new law as quickly as possible.” The new withholding tables, along with other instructions related to the new tax law, are incorporated in a new Publication 15-T. This publication located at www.irs.gov/pub/irs-pdf/n1036.pdf was mailed to more than 9 million employers in mid-March. The IRS asked that employers start using these new tables as soon as possible but not later than 1 APR. Most workers will see a boost in their take-home pay soon thereafter.
Eligible workers will get the benefit of this change without any action on their part. This means that workers do not need to fill out a new W-4 withholding form to get the Making Work Pay credit reflected in their take-home pay. A Form W-4 will not need to be submitted for the automatic withholding change. Individuals and couples with multiple jobs may want to submit revised Form W-4 forms which can be downloaded at http://www.irs.gov/pub/irs-pdf/fw4p.pdf to ensure enough withholding is held to cover the tax for the combined income. Publication 919 provides additional guidance for tax withholding. Available for tax years 2009 and 2010, the Making Work Pay credit is 6.2% of a taxpayer’s earned income with a maximum credit of $800 for a married couple filing a joint return and $400 for other taxpayers, but it is phased out for higher income taxpayers. Most workers will qualify for the maximum credit. Because the credit is refundable (people can get it even if they owe no tax), most low-income workers will also qualify for the full credit.
Though all eligible taxpayers will need to claim the credit when they file their 2009 income tax return next year, the benefit will generally be spread out over the paychecks they receive beginning this spring and continue until the end of the year. Many higher-income taxpayers will see little or no change in their take-home pay. That’s because the Making Work Pay credit is phased out for a married couple filing a joint return whose modified adjusted gross income (AGI) is between $150,000 and $190,000 and other taxpayers whose modified AGI is between $75,000 and $95,000. Taxpayers will not get a separate, special check mailed to them from the IRS like last year’s economic stimulus payment. [Source: IRS News Release IR-2009-13, 21 Feb 09 ++]
===============================
DOD BUDGET FY 2010 Update 01: The House and Senate approved their respective versions of the FY2010 Budget Resolution on 3 APR before taking off for the two-week Easter recess. In the meantime, House and Senate leaders will be working to resolve the differences between the two versions so they can pass a final resolution once Congress reconvenes. Of necessity, Hill leaders find themselves in a "cart-before-the-horse" mode this year. Their rules require finishing the budget resolution before 15 APR, on the assumption that the President's budget is delivered to them in February. But every newly elected administration needs extra time to prepare its initial budget - which won't be delivered to Congress until the end of April. In March, leaders of the House and Senate Armed Services Committees wrote their respective Budget Committees to request extra budget headroom for several specific priorities. Their requests included extra allocations for a 3.4% military pay raise (vs. the 2.9% proposed by the Pentagon), additional progress to ease VA compensation offsets to military retired pay and SBP annuities, and to reject any increases in TRICARE fees that the Administration may propose in its final budget submission.
The
recommendations of both Armed Services committees for 3.4% pay raise are a very
good sign that it will be approved, as the full Congress has agreed with such
joint recommendations in the past. Both budget resolutions also include
"deficit-neutral reserve funds" that could potentially address
compensation improvements for disabled retirees; SBP-DIC survivors;
Guard-Reserve retirement, health and GI Bill benefits; and DoD and VA health
care issues. It's nice that Congress acknowledged those needs, but these
provisions offer no firm commitments. The "deficit-neutral" qualifier
means they can be done only if Congress finds other mandatory spending
reductions to offset any increases in those areas. The difficulty of
identifying such offsets is why we haven't made more progress in past years.
[Source: MOAA Leg Up 3 Apr 09 ++]
===============================
VETERANS CORPS Update 01: Legislation
that would create a Veterans’ Corps as a new element of the AmeriCorps national
service plan has passed Congress and is on its way to the White House for
President Barack Obama’s signature. Rep. Phil Hare (D-IL), one of the chief
sponsors of the Veterans’ Corps portion of the national service expansion, said
he has high hopes for the new program that will give veterans a way to help
other veterans make the transition to civilian life. “As more and more troops
return from
There is little
doubt the bill will be signed into law, as the details are modeled after an
expansion of national service that Obama called for last year during the presidential
campaign. The bill, H.R.1388, does not specify how many people will be able to
sign up for the Veterans’ Corps, but it greatly expands the size of the
===============================
VET JOBS Update 08: On 17 FEB 09 President Obama signed into law the American Recovery and Reinvestment Tax Act of 2009 (H.R.598). Among its many provisions, Section 1221 of the Act amends and supplements Section 51 of the Internal Revenue Code (IRC) to create additional incentives to hire an unemployed veteran. Effective for 2009 and 2010, the Act includes an unemployed veteran as a member of one of the targeted group for purposes of eligibility for the "Work Opportunity Tax Credit" (WOTC). For definition purposes, an unemployed veteran is an individual who
(i) Has been discharged or released from active duty in the Armed Forces at any time during the 5-year period ending on the hiring date (the day the veteran is hired by the employer), and;
(ii) Is in receipt of unemployment compensation (under State or Federal law) for not less than 4 weeks during the 1-year period ending on the hiring date.
The credit
equals 40% (if the veteran performs at least 400 hours of service to the
employer) or 25% (if the veteran performs between 120 and 399 hours of service
to the employer) of the first $6,000 in wages (up to a maximum credit per
employee of $2,400) paid to the newly hired veteran. An employer may make the WOTC election at any
time during the three (3) year period prescribed by law for filing (without
regard to extensions) the federal income tax return. The U.S. Employment
Service will notify an eligible employer of their availability for the
WOTC. The WOTC will not be available to
an employer if the employee had been previously employed by the employer at any
time. However, a successor employer will
be entitled to the WOTC to the same extent as if they were paid by the
predecessor. Veteran who fit this
criteria and are seeking employment are advised to make sure prospective
employers are aware of the WOTC to enhance their chances of being hired. [Source:
Veteran Advocate Marc Soss msg. 2 Apr 09 ++]
===============================
VA APPOINTMENTS Update 05: An eight-year-old, $167 million project to develop a core computer application to schedule patient appointments at hospitals run by the Veterans Affairs Department has all but collapsed, and senior executives are worried about the repercussions it could cause on the Hill and in the White House, according to an internal memo obtained by NextGov. The Replacement Scheduling Application (RSA) Development Program, which VA began building in 2001, "still has not developed a single scheduling capability it can provide to the field, nor is there any expectation of delivery in the near future," wrote Dr. Michael Kussman, undersecretary for health at the Veterans Health Administration, in a 20 MAR memo to Stephen Warren, acting assistant secretary for information and technology. The scheduling application is a core piece of VA's new HealtheVet, a vast medical platform that will include patient enrollment and scheduling systems, a data repository, electronic health records, a pharmacy system, a workload management system, and a way for patients to manage their medical records and personal information. VA plans to use the system to replace its aging Veterans Health Information System and Technology Architecture (VistA), the Government Accountability Office (GAO) reported on 20 JUN 08.
The botched
effort comes on the heels of another scheduling program -- a five-year, $75
million failed project started in 2001. That program, the Scheduling Replacement
Project, was started by IT staffs in the VA healthcare regions serving
Kussman added his office was not notified until 18 MAR that the problems with the scheduling applications were so significant that the program has been suspended. The suspension is "significant and likely to generate intense congressional and Office of Management of Budget interest," Kussman said. "This is also of concern . . . because of the numerous representations of clear progress we have been making, not only to Congress and OMB, but more importantly to our health care providers, who are eagerly waiting for this capability." Rep. Steve Buyer (R-IN), the ranking member of the House Veterans Affairs Committee, said In a statement "The patient scheduling project has floundered under VHA's leadership since 1998." He added the current failure exemplifies the need for VA to develop a professional cadre of contracting officers and program managers. Buyer said VA must make significant management changes to improve its effort to centralize IT development. "Stovepiped management within the existing VA organization and hidden pockets of application dollars continue to challenge this consolidation," he said. "Bureaucratic backroom skirmishes that occur on a regular basis are hamstringing successful and disciplined development of new IT systems and applications and wasting taxpayer dollars."
VA needs the
scheduling application to manage a forecasted sharp increase in the number of
veterans seeking care at its medical facilities during the next several years,
said Paul Sullivan, executive director of Veterans for Common Sense. He said VA
will soon be hit by atidal wave of veterans and predicted the number of
===============================
SBP DIC OFFSET Update 15: H.R.1804, the Federal Retirement Reform Act,
was approved by the U.S. House of Representatives on a voice vote 1 APR. Under
current law, this $50 monthly allowance will increase to $100 over the next
five years. Title II of HR 1804 would increase the monthly amounts paid under
the Special Survivor Indemnity Allowance to surviving spouses or former spouses
of deceased service members who are denied the full amount of their annuity
under the Survivor Benefit Program (SBP) due to the offset required by the
receipt of Dependency and Indemnity Compensation (DIC) from the Department of
Veterans Affairs. H.R.1804 would
incrementally increase the Special Survivor Indemnity Allowance, beginning in
fiscal year 2010 with a $35 increase resulting in a monthly payment of $95, and
concluding in fiscal year 2016 with a $245 increase resulting in a monthly
payment of $345. House Armed Services Committee Chairman Ike Skelton (D-MO 4th)
teamed up with House Oversight and
Skelton praised the House approved legislation which, if passed by the Senate and enacted into law, would reduce the so-called “widow’s tax”, a benefits offset that affects the surviving spouses of service members who have died as a result of service-connected conditions. “This legislation is latest step in our continuing effort to eliminate the so-called ‘widow’s tax’, which has long denied surviving family members the full payment of their Survivor Benefit Plan (SBP) benefits,” said Skelton. “I am grateful to Ed Towns for working with me on this initiative. Chairman Towns’ cooperation made it possible to find the funding needed in order to change the law. I would also like to commend Congressman Solomon Ortiz (D-TX 27th), who has introduced legislation on the SBP offset and has been a great leader and advocate for the military families affected by this issue,” said Skelton. “While I regret that this bill does not completely end the offset, the House Committee on Armed Services will continue to explore every opportunity to pursue legislation that brings us closer to eliminating the ‘widow’s tax". [Source: HRSC News Release 1 Apr 09 ++]
===============================
IRS OFFSHORE EVADERS: As part of its plan to generate
intelligence on accountants, bankers and lawyers who help clients evade
===============================
VET JOB TRAINING Update
01: The
===============================
USERRA Update 07: In a
settlement filed with the U.S. District Court for the Eastern District of
Michigan in Detroit, Ecolab Inc. has agreed to pay $118,000 to a returning Iraq
war veteran to resolve a Uniformed Services Employment and Reemployment Rights
Act (USERRA) complaint investigated by the U.S. Department of Labor's Veterans'
Employment and Training Service (VETS). Following the Labor Department's
investigation, the U.S. Department of Justice filed suit against Ecolab in the
same court, alleging that Ecolab violated USERRA by failing or refusing to
promptly reemploy Michigan veteran Stephen Alasin upon his return from military
service. The Department of Justice also entered into a consent decree with
Ecolab, which was subsequently accepted by the court, under which Alasin will
receive $88,000 in back pay and $30,000 in damages. "It is important for
all employers to realize that the Labor Department is here to protect the
employment and reemployment rights of American service members," said U.S.
Secretary of Labor Hilda L. Solis. "We owe these brave Americans every
protection when they return from their military obligations." USERRA was
enacted in 1994 to protect servicemembers from being disadvantaged in their
civilian careers due to serving in the uniformed services. Subject to certain
limitations, USERRA requires that individuals who leave their jobs to serve in
the
===============================
TAX BURDEN for
State Sales Tax:
6.3% on average (food and prescription drugs
exempt).
· Gasoline
Tax: 19 cents/gallon
· Diesel
Fuel Tax: 28 cents/gallon
· Cigarette
Tax: $2.00/pack of 20
· Water
Use Tax: 65 cents per 1000 gallons of water
Personal Income Taxes:
·
· Income
Brackets: 5 - Lowest $10,00; Highest
$150,000. For joint returns, the taxes are twice the tax imposed on half the
income.
· Personal
Exemptions: Single - $2,00; Married - $4,200 with no
dependents, $6,300 with one dependent; Dependents - $2,300; 65 years or older -
$2,100
· Standard
Deduction: Single - $4,521; Married filing jointly -
$9,042
· Medical/Dental
Deduction: Allows deductions for all qualified
medical and dental expenses.
· Federal
Income Tax Deduction: None
· Retirement
Income Taxes: Social Security and Railroad Retirement
benefits are exempt. Up to $2,500 total of military, civil service, and
· Retired
Military Pay: Up to $2,500 of retired pay and/or
survivor benefits excluded.
· Military
Disability Retired Pay: Retirees who entered the military before Sept. 24,
1975, and members receiving disability retirements based on combat injuries or
who could receive disability payments from the VA are covered by laws giving
disability broad exemption from federal income tax. Most military retired pay
based on service-related disabilities also is free from federal income tax, but
there is no guarantee of total protection.
· VA
Disability Dependency and Indemnity Compensation: VA
benefits are not taxable because they generally are for disabilities and are
not subject to federal or state taxes.
· Military
SBP/SSBP/RCSBP/RSFPP: Generally subject to state
taxes for those states with income tax. Check with state department of revenue
office.
Property Taxes -
For
information on property tax relief for seniors refer to www.tucsonelderlaw.com/Arizona-Property-Tax.htm
· There is no state property tax. Tax jurisdictions set tax rates, which may vary considerable from one area to another. Property tax is administered by county assessors. Single homeowners 65 and older who earn less than $3,750 and married couples who earn less than $5,500 are eligible for a tax credit of up to $502. Persons at least 65 years old who have resided in their primary residence for at least two years and have total income not more than four times the Social Security supplemental security income (SSI) benefit rate may apply to the assessor by September 1 to have the valuation of the primary residents and up to 10 acres of adjoining undeveloped land frozen at the full cash value when the application is filed.
·
·
In lieu of a personal property tax on automobiles, the state
imposes an annual motor vehicle license tax. The fee to register an
automobile in
Inheritance and Estate Taxes - There is no inheritance or gift
tax and the estate tax does not apply to decedents whose date of death is on or
after January 1, 2006.
For further information, visit the Arizona Department of revenue website www.revenue.state.az.us
For questions about moving to
===============================
MILITARY HISTORY
ANNIVERSARIES:
·
Apr 01 1865 - Civil War: Battle of Five Forks -
In Siege of Petersburg, Confederate General Robert E. Lee begins his final
offensive.
·
Apr 01 1945 - WWII: Operation Iceberg -
·
Apr 01 1948 - Cold War: Berlin Airlift -
Military forces, under direction of the Soviet-controlled government in
·
Apr 01 1954 - President Dwight D. Eisenhower
authorizes the creation of the United States Air Force Academy in
·
Apr 02 1865 - Civil War: The Siege of Petersburg
is broken - Union troops capture the trenches around Petersburg, Virginia,
forcing Confederate General Robert E. Lee to retreat.
·
Apr 02 1917 - WW I: U.S. President Woodrow
Wilson asks the U.S. Congress for a declaration of war on
·
Apr 02 1972 -
·
Apr 03 1865 - Civil War: Union forces occupy the
Confederate capital of
·
Apr 03 1942 - WWII: The Japanese begin their
all-out assault on the
·
Apr 03 1945 - WWII: US 1st army conquers
·
Apr 04 1917 - WWI: The U.S. Senate votes 90-6 to
enter World War I on Allied side.
·
Apr 04 1918 - WWI: The Battle of the
·
Apr 05 1968 -
·
Apr 06 1862 - Civil War: The Battle of Shiloh
begins - in Tennessee, forces under Union General Ulysses S. Grant meet
Confederate troops led by General Albert Sidney Johnston.
·
Apr 06 1865 - Civil War: The Battle of Sayler's
Creek - Confederate General Robert E. Lee's Army of Northern Virginia fights
its last major battle while in retreat from Richmond, Virginia.
·
Apr 06 1917 - WWI: The United States declares
war on
·
Apr 06 1972 -
·
Apr 07 1862 - Civil War: Battle of Shiloh ends -
the Union Army under General Ulysses S. Grant defeats the Confederates near
Shiloh, Tennessee.
·
Apr 07 1943 - Holocaust: In
·
Apr 07 1945 - WWII: The Japanese battleship
Yamato, the largest battleship ever constructed, is sunk 200 miles north of
Okinawa while en-route to a suicide mission in Operation Ten-Go.
·
Apr 07 2003 - Gulf War:
·
Apr 09 1865 - Civil War: Robert E. Lee
surrenders the Army of Northern Virginia (26,765 troops) to Ulysses S. Grant at
Appomattox Courthouse, Virginia, effectively ending the war.
·
Apr 09 1916 - WWI: The
·
Apr 09 1917 - WW I: The Battle of Arras - the
battle begins with Canadian forces executing a massive assault on Vimy Ridge.
·
Apr 09 1942 - WWII: The
·
Apr 09 2003 - Invasion of Iraq:
·
Apr 10 1972 -
·
Apr 11 1951 -
·
Apr 12 1966 -
·
Apr 13 1861 - Civil War:
·
Apr 14 1918 - WWI: Douglas Campbell is 1st
·
Apr 14 1945 - WWII: US 7th Army & allies
forces captured
[Source: Various Apr 09 ++]
===============================
VETERAN LEGISLATION STATUS 13 APR 09: Both the House and Senate will return from spring recess on
17 APR. Refer to the Bulletin’s Veteran Legislation attachment for or a
listing of Congressional bills of interest to the veteran community that have
been introduced in the 111th Congress. Support of these bills
through cosponsorship by other legislators is critical if they are ever going
to move through the legislative process for a floor vote to become law. A good indication on that likelihood is the
number of cosponsors who have signed onto the bill. Any number of members may
cosponsor a bill in the House or Senate. At http://thomas.loc.gov
you can review a copy of each bill’s content, determine its current status, the
committee it has been assigned to, and if your legislator is a sponsor or
cosponsor of it. To determine what
bills, amendments your representative has sponsored, cosponsored, or dropped
sponsorship on refer to http://thomas.loc.gov/bss/d111/sponlst.html. The key to increasing cosponsorship on
veteran related bills and subsequent passage into law is letting our
representatives know of veteran’s feelings on issues. You can reach their
===============================
HAVE YOU
HEARD?
The family of a retired Marine Master Gunnery Sergeant with 37 years in the Corps reluctantly decided that at age 92, he needed more care than they could provide. The only decent place close to their home was a nursing home for retired soldiers. They approached the facility and were told that, while Army vets got first choice, they would take vets of the other services if there happened to be an opening; which, by good fortune, there was.
A week after placing the retired Marine there, his sons came to visit. "How do you like it here, Pop?" they asked. "It's wonderful," said the old Jarhead. "Great chow, lots to do, and they treat everyone with great respect."
"How so, Pop?" "Well, take Harry, across the hall, 88 and was in the Air Force. He hasn't worn the uniform in 30 years, but they still call him 'General.' Then George, down the hall, used to lead the Army band. Hasn't conducted a note in 40 years, but they still call him 'Maestro!'. And Bob used to be a surgeon in the Navy, has not operated on anyone in 20 years, but they still call him 'Doctor' "
"That's fine for the other guys, Pop, but how do they treat you?" "Me? They treat me with even more respect. I'm 92, haven't had sex in 10 years, and they still call me 'That F'ing Marine!'"
===============================
Lt. James “EMO” Tichacek, USN (Ret)
Director, Retiree Assistance
Office, U.S. Embassy Warden & IRS VITA
PSC 517 Box RCB, FPO AP 96517
Tel: (951) 238-1246 in
Email: raoemo@sbcglobal.net Web: http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member
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