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Should You Sell Your House Before Your Divorce is Finalized? The median price of single-family existing homes rose in nearly all -- 99% -- of the 183 markets tracked by the National Association of Realtors in the third quarter of 2021, with double-digit price increases seen in 78% of the markets. While there have certainly been hot seller’s markets in the past, none quite compare to the current market where more than 50% of homes for sale have fetched over the asking price. If your divorce also means selling the house, remember that when you do it matters. Divorce Tax Trap: Capital Gains Tax If you sell your home at a profit, you might have to pay capital gains tax. Capital gains tax is a tax on the profit from the sale of your home. Before you can calculate how much you owe in taxes on any home sale, you need to figure out your tax basis in the property. In simple terms, the basis is the amount of capital investment you have in the property for tax purposes. That tax basis is going to depend on how you came to own your home. If you bought your home, the cost basis in the property starts with the purchase price. Certain closing costs for the home are also included. If you have any expenses you put into the property for remodeling or construction that add to the value of the property or prolong its life, those are also part of your cost basis. Finally, if you pay any taxes that the seller was supposed to pay, this also counts as part of your tax basis. Here’s a quick example to give you a better understanding of how this works: You buy a property for $200,000. There are $10,000 in closing costs. You pay $5,000 in taxes which would otherwise be owed by the seller. Finally, you put $20,000 in for remodeling. That makes your total cost basis in the property $235,000. If you sell your home for $450,000, your profit that is possibly subject to capital gains tax is $215,000. That capital gains rate most people pay is 15%. Capital Gains Tax Exclusion You can exclude up to $250,000 from your taxable capital gains on a property used as your residence for at least two years. A married couple can exclude up to $500,000 from the sale of their house when filing jointly. The timing here is everything. If you think you’ll net over $250,000 in profit from the sale of your home, it would be wise to sell the house ahead of the divorce filing. If the property is instead transferred to one spouse and sold later, that tax exclusion drops to $250,000 and you’ll pay 15% on every dollar of profit above $250,000 when you sell it on your own. If you failed to sell the house prior to filing divorce, you may what to take this hidden tax into consideration when negotiating the equitable distribution of your other marital assets. Plan Before You File Divorce If you’re thinking about divorce, our experienced and trustworthy divorce lawyers at Fiffik Law Group are here to help you decide when the time is right to file and how to avoid hidden divorce tax traps. Our lawyers have provided guidance to thousands of clients and we’re ready to bring that experience to bear in your case. Contact us today.

You Might be Paying Too Much For Child Support Once a child support order is set by the court, you may feel as though the terms of the order are set in stone. Circumstances in life change, and in some cases, the situation may entitle you to a decrease in the amount of child support you’re paying. Either parent may file for child support modification not less than six months after the original order is put in place. As an obligor parent, you need to show that there has been a substantial change in circumstances that warrants modification of the existing order. Reasons for Decreased Support Order Substantial changes justifying a request to decrease the amount of child support you pay: A decrease in your income through an involuntary job loss, employer closes down, layoff, disability, reduction in number of work hours, etc. A substantial increase in the custodial parent’s income via a raise, new job, increased work hours, etc. The custodial parent receives a large lump-sum settlement from an injury or worker's compensation case. Alteration of custody schedule. If you have your child more time than your prior custody schedule provided for, the court may be willing to increase your support. A child graduates high school and/or turns 18 years of age. You have a child with a different person. The custodial parent remarries or is cohabitating with another person who shares expenses with them. Beware of “Self-Inflicted” Circumstances Should your income drop dramatically due to a voluntary change in employment, such as quitting a high-paying job to take a low-paying job, the court is more likely to deny a request to decrease child support payments. The court has the discretion to determine whether a substantial decrease in income has been made to decrease your child support obligation. Citing unemployment as a reason does not necessarily lead to approval of your petition for modification. A judge might expect you to keep looking for work or accept work outside of your normal field. You may face an uphill battle to show that your job loss will be permanent instead of temporary. However, judges are in a position that allows them to consider individual circumstances. Although the financial shock of unemployment is a top reason for considering a support modification, being forced to accept lower-paying work may in the end convince a judge to approve a modification. Modifications Are Retroactive Decreased support orders are retroactive to the date you first filed your official request for an increase. That’s why it’s important to not delay filing when you know circumstances exist to decrease your order. Our Attorneys Can Fight for Your Child Support Reduction Asking a judge to decrease your child support payment may be met with skepticism. It will not be welcome by the custodial parent – in fact, they’re almost guaranteed to be really angry. We encourage you to consult with one of Fiffik Law Group’s experienced child support lawyers to help you fight for your right to reduce your child support obligation. We have more than 40 years of experience guiding parents through family court and helping them establish and modify child support orders.

Are You Entitled to an Increase in Child Support? Once a child support order is set by the court, you may feel as though the terms of the order are set in stone. Circumstances in life change, and in some cases, the situation may entitle you to an increase in child support. Either parent may file for child support modification not less than six months after the original order is put in place. As a custodial parent, you need to show that there has been a substantial change in circumstances that warrants modification of the existing order. Reasons for Increased Support Order Substantial changes justifying a request for modification may include: A substantial increase in the obligor parent’s income via a raise, new job, etc. Obligor receives a large lump-sum settlement from an injury or workers' compensation case. A decrease in your income through an involuntary job loss, disability, etc. Increases in the child’s need due to a disability or other circumstances. Alteration of custody schedule. If you have your child more time than your prior custody schedule provided for, the court may be willing to increase your support. Beware of “Self-Inflicted” Circumstances Should your income drop dramatically due to a voluntary change in employment, such as quitting a high-paying job to take a low-paying job, the court is more likely to deny a request to increase child support payments. The court has the discretion to determine whether a substantial decrease in income has been made to increase an obligor parent’s child support obligation. You would need to show that any reduction in income was made in good faith for the court to grant their request. Modifications Are Retroactive Increased support orders are retroactive to the date you first filed your official request for an increase. That’s why it’s important to not delay filing when you know circumstances exist to increase your order. The courts may allow for retroactive increases in child support orders prior to the date you filed. For example, retroactive increases may be ordered if the obligor parent fails to notify the recipient parent of any increases to income via job promotion, the sale of assets, etc. Our Attorneys Can Fight for Your Child Support Increase Asking a judge to increase your child support payment may be met with skepticism. It will not be welcome by the obligor parent – in fact, they’re almost guaranteed to be really angry. We encourage you to consult with one of Fiffik Law Group’s experienced child support lawyers to help you fight for your right to increased child support. We have more than 40 years of experience guiding parents through family court and helping them establish and modify child support orders.

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its highly anticipated emergency temporary standard (ETS). This standard reflects the policy and goals announced by the Biden administration in September to get all workers vaccinated. OHSA’s ETS is expected to cover about two-thirds (2/3) of private-sector employees, roughly 76 million workers. Although the ETS is commonly framed as a vaccine mandate, employees still have options regarding their vaccination status. ARE YOU REQUIRED TO GET THE COVID VACCINE? Not necessarily. All private companies that employ 100 or more employees must require that employees either (1) become fully vaccinated or (2) wear a mask and submit to weekly COVID-19 tests (mask-and-test). Fully vaccinated, as defined by the ETS, means two doses of the Pfizer or Moderna vaccine or one dose of the Johnson and Johnson vaccine (full vaccinations do not require a booster). Partial vaccinations do not meet the ETS requirements, and therefore employees will either need to receive their second dose or mask-and-test until fully vaccinated. The vaccination and testing requirements will become effective on January 4, 2022. However, unvaccinated employees will begin wearing masks starting on December 5, 2021. The ETS requires that employers provide paid time off (PTO) of up to four hours for employees to receive the vaccination. This PTO may also be used to recover from vaccine side effects that prevent an employee from working. In the event that an employee chooses to mask-and-test, the employer is not responsible for the costs of the weekly COVID-19 tests. WHAT EMPLOYEES ARE COVERED UNDER THE ETS? Employees of companies that employ 100 or more employees must comply with the requirements of the ETS. There are some exceptions, however, to which employees are covered under the ETS. The exceptions include: independent contractors employees from staffing agencies employees who work fully from home (a vaccine or mask-and-test must be done if an employee ever returns to the office) employees who work completely outdoors The ETS focuses on workplace safety and does not apply to those who work entirely remote or are independent contracts. However, employees who work on a hybrid schedule will be covered under the ETS’ requirements. A good rule of thumb: if you ever go into the office or are around co-workers you will need to be vaccinated or mask-and-test. EXCEPTIONS TO THE VACCINE MANDATE The ETS does provide employees with the ability to apply for medical or religious exemptions to the vaccine. Employers are instructed to implement their own policies for requesting exemptions. Although an employee may receive an exemption from being required to receive the vaccine, they will still be required to comply with the mask-and-test weekly requirements. The way in which OSHA worded the ETS allows employers to comply with the ETS without fear of violating Title VII of the Civil Rights Act or the Americans with Disabilities Act (ADA). Request our religious exemption checklist. WHAT AN EMPLOYER CAN REQUIRE OF EMPLOYEES Under the ETS, employers are required to notify covered employees of any policies initiated to comply with the ETS or to train employees on new workplace policies. The ETS also requires employers to maintain sufficient proof that employees are either vaccinated or following the mask-and-test protocols. Employers will require cover employees to submit: a record of immunization from the employee’s health care provider; a copy of the COVID-19 vaccination card; or a signed and dated employee attestation (stating that you received a vaccine) Employers are also required to provide employees with CDC materials regarding vaccines, notices that employers are unable to discriminate against civil rights, and notice that the ETS provides for criminal penalties if knowingly false statements are submitted. WILL THIS RULE ACTUALLY HAPPEN? There is likely to be heavy debate surrounding OSHA’s new policies. Politicians on either side of the aisle will campaign for and against the ETS and its various provisions. These legal challenges are especially anticipated from attorney generals in states that oppose the vaccine. EMPLOYEES SHOULD BE AWARE THAT THE ETS PRE-EMPTS ANY STATE LAW OPPOSING VACCINE MANDATES. Therefore, even if you believe that your state has outlawed required vaccinations, the OSHA ETS has overridden that. From an initial interpretation of the ETS, it is likely that it will pass judicial scrutiny. The mandate provides several alternatives for employees who oppose the vaccine. This OSHA release can be confusing and determining whether it applies to you as an employee can be even more difficult. Our knowledgeable team of employment attorneys at Fiffik Law Group are able to assist you in any matters relating to the vaccine and its effect on your employment. If you feel as though you may be affected, please call our office at (412) 391-1014.

How Much Will Your Child Support Be? Child support is the responsibility and obligation of both parents to provide for a child’s physical, emotional and mental well-being. It is not simply a financial matter, as many people assume. In any instance where a child’s parents are no longer living together or married, the residential parent is entitled to support from the non-residential parent. The main question most parents have when the topic of child support comes up is how the court determines the amount of child support that the support paying parent will be ordered to pay. Child support in Pennsylvania is calculated by a mathematical formula set forth in law. In general, child support in Pennsylvania is calculated using the “income shares” model so that each parent’s share of the basic support obligation is proportional to his or her monthly net income. The court can deviate from this formula based upon several circumstances relevant to the family situation. What Factors Do Family Courts Consider When Calculating Child Support? Pennsylvania courts consider four primary factors when calculating child support: Monthly Income After Taxes: How much a parent has to pay in support is based on each parent’s monthly income after taxes, other mandatory deductions, and alimony payments. Number of Children: Child support is based on the number of children who will be receiving support and how custody is arranged for them. Physical custody schedule: The parent who has the most overnight visits with the child (generally, the custodial parent) will receive child support. For non-custodial parents who have their child stay overnight 40% of the year, there may be a discount on child support. Additional Expenses for Raising a Child: If the child has a disability or another issue that can influence living expenses, these can be factored into the case. How Much Will a Parent Have to Pay in Support? In Pennsylvania, child support is calculated by: Determining Each Parent’s Income: First, each parent’s monthly income needs to be determined. This includes salaries, hourly wages, rental incomes, investments, and any other forms of income. Each side should subtract the amount of taxes they will pay to get their monthly income. Example: Parent A nets $5,000 a month. Parent B nets $3,000 a month. Adjusting for Spousal Support/Alimony: If one parent is receiving alimony or spousal support, then that amount should be added to his or her monthly income. In addition, the parent who is paying alimony or spousal support should subtract those payments from his or her monthly income. Example: Parent A makes $5,000 a month but pays $500 in alimony. Parent A’s monthly income is $4,500 after alimony, while Parent B’s income is $3,500. Combining Both Incomes: Once you have the monthly incomes, add them together. Example: The combined monthly income is $8,000. Calculating How Much Each Parent Contributes: After you have the total monthly income for both parents, take each parent’s monthly income and divide it by the total income. Example: Parent A’s monthly contribution is $4,500/$8,000 or 56%. Parent B’s monthly contribution is $3,500/$8,000 or 44%. Reviewing the Child Support Schedule: Child support may be adjusted based on the number of children involved, according to the Pennsylvania Child Support Schedule. To determine the minimum amount of support, you should compare the number of children to the combined monthly income on the schedule. Example: There are two children involved in this case. For a combined monthly income of $8,000, basic child support is set at $1,795. Multiplying the Basic Child Support by the Contribution Percentage: If a parent is responsible for paying support, he should multiply his contribution percentage with the basic child support amount. Example 1: Parent A does not have physical custody and is responsible for paying child support. Support is calculated at 56% x $1,795 or $1,005.20. Example 2: Parent B does not have physical custody and is responsible for paying child support. Support is calculated at 44% x $1,785 or $789.80. Adjusting for Additional Expenses: If there are any additional expenses, each parent may be responsible for paying them based on his or her contribution percentage. This can include daycare, babysitting, or athletic fees. Example: Both parents have to pay for daycare, which is $500 a month. Parent A would pay 56% x $500 or $280. Parent B would pay 44% x $500 or $220. If you need assistance estimating child support, you can also calculate it online. Can Child Support Be Adjusted? A parent may be able to modify the amount of child support when he or she experiences a change in living situations. For example, if the supporting parent loses her job, experiences a sudden injury, or is going through bankruptcy, her attorney may be able to petition for child support payments to be paused or lowered based on her new income. However, the opposite is also true. If one parent receives a pay increase and is more capable of providing for a child, then payments may be adjusted on both sides. For example, if the custodial parent receives a promotion at work, then the amount of support she receives can be lowered. Or, if a non-custodial parent gets a new job that pays more, then she may have to pay more in support. Calculating a child support obligation can be difficult. We encourage you to consult with one of Fiffik Law Group’s experienced child support lawyers to discuss all your options if you have an issue paying or receiving child support. We have more than 40 years of experience guiding parents through family court and helping them establish and modify child support orders

Why is there so much misinformation out there about child support? Mostly because people hear a jumble of different stories that are only partially true or lack important facts. Your friend isn’t going to tell you the parts of their story that don’t reflect well on them. You’ll always get less than the entire story. There is no one rule: every support case is different. We’re here to expose common Pennsylvania child support myths and the proven reality. 1. Child support can only be used for expenses directly related to the child. Contrary to popular belief, child support payments can be used for any expense related to the child, even if those expenses also benefit the custodial parent. It is a widely held misconception that child support payments can only be used for covering a child’s bare necessities, such as housing and food. 2. The parent receiving child support must prove they are spending the money only on the child. Except for rare instances, the courts do not require the custodial parent to prove how the payments are spent. The courts see monitoring the spending of child support payments as an invasion of privacy and too time-consuming. Since the custodial parent has taken on the task of attending to the day-to-day needs of the child, it is assumed that the money is being spent responsibly. This may not be the case if the child’s basic needs are being neglected. 3. A father cannot be ordered to pay child support unless his name is on the birth certificate. The biological father has a duty of child support. Whether that person’s name is on the birth certificate is not determinative of parenthood. Amending the birth certificate is a matter totally separate from child support. 4. If my child's other parent does not pay child support, I do not have to let him or her see our child, Under Pennsylvania law, the duty to pay child support and the right to maintain contact with one's child are NOT linked. This means that even if you are not seeing your child, you still must pay child support and that a parent can see his or her child even if he/she fails to make child support payments. 5. Child support orders may not be changed. Family law courts in Pennsylvania know that life can change unexpectedly for adults. As such, parents can seek a support order modification under certain significant circumstances. For example, if the paying parent loses a job, the court may temporarily lower their support payments. If the income of either parent changes significantly, the order can be increased or decreased accordingly. 6. Child support covers a child’s every need. Unfortunately, this is not always the case. Often, the supporting parent may not earn enough to cover every single need a child may have. However, since both parents must support their children, the custodial parent also contributes to the care of each child. For example, the custodial parent may have to cover the costs of extracurricular activities. 7. Parents can set the amount of child support. Family courts take an active role in determining the noncustodial parent’s support obligations. They take many factors into account when arriving at a monthly figure, including each parent’s income, expenses, and other financial matters. Unless they offer to pay more than the court has ordered, parents cannot override a court’s support decision. 8. Joint custody means no one pays child support. In Pennsylvania, there are two types of custody: legal and physical. Typically, divorced parents share parenting time and have “joint legal custody.” Legal custody is the right to make decisions about the child or children’s residence, religion, recreation, education or daycare, and non-emergency medical treatment. Physical custody is also called “timesharing” or “periods of responsibility “is the actual time that the child or children spend time with each parent. The primary custodial parent usually spends more time with the child or children. Child support is based on two things: the parents’ combined income and the amount of time spent with each parent. This is why in Pennsylvania one parent will owe child support to the other parent even if they have joint custody. Only in cases where both parents earn the same amount and pay the same amount (for things like insurance, daycare, school, etc.) and have the child or children for the same number of days each week or month will there be no child support paid. Separating fact from fiction in a child support case can be difficult. We encourage you to consult with one of Fiffik Law Group’s experienced child support lawyers to discuss all your options if you have an issue paying or receiving child support. We have more than 40 years of experience guiding parents through family court and helping them establish and modify child support orders.

The Damaging Effects of Divorce Misconduct While some couples split amicably and try to compromise, many divorces are contentious. Perhaps you or your spouse are angry about the divorce or are caught off guard. The divorce proceeding can bring old resentments to the surface. You may even feel justified in this poor treatment if infidelity or abuse was a factor in the demise of your marriage. As a result, they may seek revenge and make the divorce process as nasty and complicated as possible. It is natural to feel angry during your divorce, but keep in mind that unleashing your anger can be detrimental to your case and make it more costly. Here are a few of the possible consequences of bad behavior and why you should avoid them. Longer and More Expensive Case Divorce is disruptive and expensive enough. The last thing that you should want to do is prolong the trauma and increase the expense. Those are the two consequences of engaging in bad behavior. Although it may feel good in the moment, that feeling will dissipate very quickly and it will cause an equal reaction from your soon-to-be ex-spouse. That will just make your case go longer and be that much more expensive. You need your emotional energy and bank account to start rebuilding your life. Don’t waste either by engaging in a contentious divorce case. Denial of Custody Requests The court prefers to award joint custody, as it is believed to be in the best interest of the children. However, the court can and will award sole custody and limit visitation under certain circumstances. In addition to instances of abuse and neglect, the court may deny you custody if you try to alienate your child against the other parent. Placing the child at the center of disputes is also frowned upon, as it places undue stress on the child while also affecting their relationship with your ex-spouse. Additionally, anything that calls into question your parenting ability can also be used against you. Reduced Assets and Spousal Support Asset division, spousal support, and alimony are particularly divisive when it comes to divorce. While the court believes in making these decisions fairly, your conduct can directly impact them. For example, if you make claims that affect your spouse’s professional reputation or earning capability, the amount of spousal support or alimony that you receive can be reduced. Your soon-to-be ex-spouse can also use your behavior to argue that they deserve a greater share of the assets, and depending on the circumstances they might be successful. Increased Stress and Anxiety In addition to the impact on your court case, bad behavior towards your spouse will also impact you personally. A divorce is one of the most emotional events a person can go through. Ending a marriage—possibly a relationship that lasted decades—is no minor thing. Going from married life to single life can be scary. Settling all the major issues takes an emotional toll on a person. Excessive negativity tends to make you more cynical, hostile, causing you to distort the truth and break the cycle into something more positive. In short, it tends to prevent your ability to move on with your life. Keep negative statements to yourself, both in real life and online. In recent years, many courts have accepted statements made on social media as evidence in court cases, including divorces. Be respectful and civil to ensure your point of view has merit. If you’re thinking about divorce or have already been served with the divorce papers, our experienced and trustworthy divorce lawyers at Fiffik Law Group are here to help. Our lawyers have provided guidance to thousands of clients and we’re ready to bring that experience to bear in your case. Contact us today.

Once you turn 65, there’s a 70% chance that you’re going to need some kind of long-term care and supports for your remaining years. Medicare, Medicaid, and most private health and disability income insurances often do not pay for extended care expenses (unless you meet certain qualifications). How will you pay for what is not covered by a government benefit? That’s where long-term care insurance comes in. Buying long-term care insurance is one way to prepare. Long-term care refers to a host of services that aren’t covered by regular health insurance. This includes assistance with routine daily activities, like bathing, dressing, or getting in and out of bed. It can cover: In-home care. Assisted living and nursing home care. Adult daycare. Home modifications—like wheelchair ramps, grab bars, and railings. Assistance with day-to-day activities (think getting dressed, bathing, eating, and more). Why You Should Consider Long-Term Care Insurance People buy long-term care insurance for two reasons: To protect savings. Long-term care costs can deplete a retirement nest egg quickly. Long-term care is quite expensive. If you’re required to pay out of pocket, it can drain your savings very quickly. Here are the average monthly costs for assisted living and skilled nursing facilities in Pennsylvania (2020). To give you more choices for care. The more money you can spend, the better the quality of care you can get. If you have to rely on Medicaid, your choices will be limited to the nursing homes that accept payments from the government program (not all nursing homes accept Medicaid). Medicaid doesn’t pay for assisted living in many states. Long Term Care Calculator How Long-Term Care Insurance Works Under most long-term care policies, you’re eligible for benefits when you can’t do at least two out of six “activities of daily living,” called ADLs, on your own or you suffer from dementia or other cognitive impairment. The activities of daily living are: Bathing. Caring for incontinence. Dressing. Eating. Toileting (getting on or off the toilet). Transferring (getting in or out of a bed or a chair). When you need care and want to make a claim, the insurance company will review medical documents from your doctor and may send a nurse to do an evaluation. Before approving a claim, the insurer must approve your plan of care. Under most policies, you’ll have to pay for long-term care services out of pocket for a certain amount of time, such as 30, 60, or 90 days, before the insurer starts reimbursing you for any care. This is called the “elimination period.” The policy starts paying out after you’re eligible for benefits and usually after you receive paid care for that period. Most policies pay up to a daily limit for care until you reach the lifetime maximum. As you make a long-range financial plan, the potential cost of long-term care is one of the important things you’ll want to consider. To begin your plan with one of our eldercare attorneys, reach out here. Continue Reading Below to Determine Your Medicare Eligibility for 2021 Residency and Citizenship – the applicant must be a Pennsylvania resident and a U.S. citizen or have proper immigration status. Age/Disability – the applicant must be age 60 or older, or blind, or disabled. The applicant must meet certain medical requirements consistent with the level of care requested. Persons must need care for thirty (30) consecutive days. In Pennsylvania, before admittance to a nursing home, there is a Pre-Admission Screening and Resident Review (PASRR). PASRR screening determines whether or not an applicant meets the nursing home level of care and also whether a specific facility can meet their needs. Income Limitations – If single, the applicant’s monthly income (wages, Social Security benefits, pensions, veteran’s benefits, annuities, SSI payments, IRAs, etc.) must be no higher than 300% of the Federal Benefit Level ($2,382) to become eligible for Medicaid. Income that is not considered countable includes a personal needs allowance of $45.00/month per individual. Asset Limitations (Exempt vs. Available) – Medicaid divides assets into two categories: Exempt and Available. Exempt assets are specifically designated under the rules, and ownership of an exempt asset by the applicant will not result in a denial of benefits. If an asset is not listed as exempt then it needs to be liquidated and applied toward the costs of nursing home care before the applicant can receive Medicaid benefits. The state has a look-back period of 5 years with a penalty for people who sell assets below fair market price, transfer assets to others, or give money and property away. Basically, all money and property, and any item that can be valued and turned into cash, is a countable asset unless it is listed as exempt. Exempt Assets in 2021 for an applicant in Pennsylvania include: $2,000 or less in cash/non-exempt assets if single. Pennsylvania adds a $6,000 disregard to the asset limit if a Medicaid recipient’s monthly income is below $2,199. If the assets exceed the limit on the first of the month the applicant is ineligible for the entire month. For persons who have a monthly income above $2,382, but are medically needy (MNO-MA) with medical expenses that exceed their income, the asset limitation is set at $2,400. One home is exempt (equity limit $603,000) if planning to return, a spouse, a child under 21, or a disabled person resides in it. Whenever an institutionalized person sells a previously exempted residence, the money from the sale becomes a countable asset. The recipient may then lose eligibility for Medicaid until he/she has spent down the money and their countable resources are once again less than the maximum. One automobile, no equity amount specified. Irrevocable burial trust, no amount specified. Non-saleable property, household furnishings, furniture, clothing, jewelry, and other personal effects are not counted. Value of life insurance if face value has no cash value. Non-resident property essential to self-support (i.e. rental property) if monthly revenue is below income limitations. Spousal Rules for 2021: Amount of assets the community spouse may retain: The community spouse can keep non-exempt resources owned by one or both spouses with a maximum of $130,380. If the community spouse’s assets do not equal the minimum of $26,076, the community spouse is able to retain assets from the institutionalized spouse until the minimum is reached. Community spouse impoverishment protection: The community spouse can keep part of the institutionalized spouse’s income if the community spouse has a monthly income of less than $2,155. The maximum amount of income that can be retained is $3,259.50 varying by case, depending on unique living expenses. If applicable, up to $609.00 in home maintenance and a $570 utility allowance including heat are not figured into the total.

March 9, 2016 A Philadelphia area lab technician suffered a lower back injury from lifting heavy bags at work. After seeing the correct medical professionals and following the necessary steps to collect her workers' compensation, the employee was asked to seek further medical diagnosis. When the employer's independent examinations came with a threat to reduce her wage-loss benefits, the employee contacted Attorney Michael E. Fiffik and her case was resolved with a settlement of $155,000. #settlement #workerscompensation

We are bombarded with advertisements about auto insurance. Many times, a very important but basic concept about auto insurance gets lost in those advertisements. The primary purpose of auto insurance is to protect you or a member of your family against financial loss in the event of an accident. Protecting you should be the focus of auto insurance. Advertising lines like “we keep you legal for less” (Safe Auto) or “only pay for what you need” (Liberty Mutual) redirect your focus mostly to price rather than what’s most important – protecting you and your family. We like saving money as much as the next person but not at the expense of our families. That’s especially true as auto accidents and costs of claims have steadily risen over the last decade. Added to the increased risk are accidents due to cell phones and legalization of marijuana. The question is not if but when you’ll be involved in an accident and need the protection of good insurance. Let us put help you put your money where our advice is. Here are some tips for trimming your auto insurance bill so that you can afford better coverage for your family. Improve your credit What does your credit score have to do with car insurance? Your credit is a big factor when car insurance companies calculate how much to charge. It can count even more than your driving record in some cases. Having a poor credit score could mean paying more for auto insurance. It’s a good idea to check your credit score when shopping for car insurance and, if necessary, take steps to improve it. Paying your bills on time is the biggest factor in your credit score, but there are several other steps you can take to raise your credit score—and potentially reduce your auto insurance premiums. LegalShield members can work with their provider law firms to request a copy of their credit report and dispute errors or challenge negative comments from creditors. If successful, these efforts can increase your credit score. Drop car insurance you don’t need If you’ve got an older car in the household, it might be time to drop collision and comprehensive insurance, which pay for damage to your vehicle. Collision insurance pays to repair damage to your car if it crashes into another vehicle or object, or flips over. Comprehensive insurance pays if your car is stolen or damaged by storms, vandalism or by hitting an animal such as a deer. Collision and comprehensive never pay out more than the car is worth. If your car is worth less than your deductible plus the amount you pay for annual coverage, then it’s time to drop them. Evaluate whether it’s worth paying for coverage that may reimburse you only a small amount, if anything. If you drop collision and comprehensive, set aside the money you would have spent in a fund for car repairs or a down payment on a newer car once your clunker conks out. We’d be happy to review your auto insurance and make suggestions for savings and better coverage. Request an auto insurance review here. Review changes in your circumstances with your agent. Did you know that where you live affects your car insurance premiums? Factors such as the density of local traffic, frequency of accidents in your area, length of your commute and rates of crime involving cars all have an impact on the risk you present to your insurance company. This fact emphasizes the importance of updating your information if you happen to move or change jobs. You might be in for a rate reduction that you did not expect. Seek Savings on Other Coverages Set the deductible right. Raising your comprehensive and collision deductibles to $1,000 from $500 can shave, on average, 11 percent off your premium, says research by the search engine The Zebra. Just make sure you can afford to pay the deductible if your luck runs out. Forgo rental-reimbursement coverage. If you have another car you can use while your vehicle is being repaired, you don’t need to buy this. And skip roadside assistance if you have an auto-club membership that’s a better deal—or if it comes as part of your car’s warranty. Review personal injury protection and medical payments coverage. Forget it if you have good health coverage; keep it if you don’t or if your usual passengers might not be well-insured. Don’t drive a lot? Consider usage-based insurance If you don’t drive much, consider an insurer that offers a usage-based or pay-per-mile driving program. These policies base rates in part on how much you drive and, in some cases, how well you drive. To participate, you install a small device in your car that transmits data to the insurance company. You score a discount for low mileage and, with many programs, safe driving habits. Several insurers offer usage-based insurance programs. With these programs, the insurers track your driving habits such as speeding and hard braking and offer discounts or reduced rates for safe driving. In some cases you can get a discount just for signing up. Try some or all of these tips and see if your insurance bill goes down. If it does, we encourage you to invest some of the savings in better coverage to protect your family.

On April 22, 2021 the U.S. Small Business Administration (“SBA”) launched a new round of Economic Injury Disaster Loan (“EIDL”) assistance: Supplemental Targeted Advances. You can read the SBA’s April 23, 2021 press release here. The Supplemental Targeted Advance program is expected to provide up to 1 million qualifying small businesses and nonprofit organizations with a supplemental payment of $5,000. This $5,000 should not need to be repaid. Qualifying small businesses (1) must be located in a low-income community, (2) must be able to prove more than a 50% economic loss during an eight-week period beginning on March 2, 2020, or later, and (c) must have 10 or fewer employees. The combined amount of the Supplemental Targeted Advance ($5,000) with any previously received EIDL Advance or Targeted EIDL Advance ($10,000) will not exceed $15,000. To learn more about the Supplemental Targeted Advance program, visit SBA.gov/eidl.

A federal judge on Wednesday vacated a nationwide freeze on evictions that was put in place by federal health officials to help cash-strapped renters remain in their homes during the pandemic. In a 20-page ruling, U.S. District Court Judge Dabney Friedrich ruled that the agency exceeded its authority with the temporary ban. “The question for the court is a narrow one: Does the Public Health Service Act grant the C.D.C. the legal authority to impose a nationwide eviction moratorium?” wrote Friedrich, a one-time staff member to former Senator Orrin Hatch and was appointed to the court in 2017. “It does not.” The CARES Act, passed in March 2020, included a 120-day moratorium on evictions from rental properties participating in federal assistance programs or underwritten by federal loans. This moratorium, which had been extended, was scheduled to end on June 30. It is unclear what will happen now. While federal and local eviction moratoriums have helped keep people in their homes during the pandemic, back rent continued to pile up. The nation’s renters owed an estimated $57 billion in back rent in January, according to a Moody’s Analytics report. Congress included $25 billion for rental assistance in its December stimulus package and provided another $27 billion in the American Rescue Plan Act that passed in March. Stay tuned for additional developments. Our experienced team of real estate attorneys can help you understand your rights whether you are a landlord or tenant. #evictionban #evictionmoratorium #evictionpa #tenanteviction #evictionphiladelphia #evictionbanpa #evictionpittsburgh #evictionrelief