Organize your LegalLife™ Guide on Elder Law


LegalLife Elder and Retirement Law Handbook

The following information is taken from the LegalLife Elder Law and Retirement Handbook. This free information is meant to help you become familiar with some of the federal laws and issues associated with the elderly and retirement. You can purchase the complete guide through the following link /us/US-001HB.htm.

What is the Age Discrimination and Retirement Act (ADEA)?

The Age Discrimination and Retirement Act protects workers 40 and older from discrimination in hiring, changes in classification, testing, access to training, benefits, firing, layoffs, retirement and other employment practices. This prohibition applies to federal, state, and local governments, employments agencies, labor organizations, and private employers with at least 20 employees. Of note, the ADEA does not prevent employers from requiring highly compensated executives to retire when they reach a certain age or from placing an age limit on certain positions provided age is a bona fide occupational qualification.

What is Equal Credit Opportunity Act?

The Equal Credit Opportunity Act prohibits creditors from engaging in age discrimination against applicants with respect to any aspect of a credit transaction ie. mortgages, home equity and improvement loans, personal loans, consumer credit cards and so forth. A credit has not engaged in age discrimination if he/she asks your age and has done so in order to determine the amount and probable continuance of your income levels, credit history, or other pertinent element of credit-worthiness. If the creditor uses your age as a reason to deny or increase credit when you otherwise quality, the creditor is engaging in age discrimination.

What is Medicare Fraud?

Medicare Fraud includes but is not limited to billing for higher services/procedures than were performed, falsifying medical necessity documents to justify payments, billing separately for services that should be included in a single service fee or billing at a higher service fee. You can go to the Department of Health and Human Services website to obtain more information on how to spot and report Medicare/Medicaid fraud. https://www.cms.hhs.gov/FraudAbuseforConsumers/02_How_to_Report_Suspected_Fraud.asp

What is Social Security?

Social security is designed as safety net national insurance system to protect individuals from financial distress caused by unforeseen catastrophes. In the United States, the Social Security Program was created in 1935 (42 U.S.C. 301 et seq.) to provide old age, survivors, and disability insurance benefits to workers and their families. Unlike welfare, social security benefits are paid to an individual or his or her family at least in part on the basis of that person's employment record and prior contributions to the system. The program is administered by the Social Secuirty Administration (SSA) and since 1965 it has included health insurance benefits under the Medicare program. While social security benefits under the act are most often associated with old age, survivors, and disability insurance, in its broadest sense, they also includes federally funded welfare programs and unemployment compensation.



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