Q:       I’m a veteran. What kinds of benefits might I be qualified to receive?

A:        You may be eligible for two kinds of monetary benefits: pension benefits and service-related benefits.

Q:        How do service-related compensation and pension differ?

A:        You may receive service-related compensation for an injury or disability related to your military service or for a previous disability that was aggravated during service or during an applicable “presumptive period.” A presumptive period is a period after military service during which the Department of Veterans Affairs (VA) will presume that specific disabilities originated or were aggravated during military service. For example, the VA will presume that arthritis that initially appeared during the first year after service is related to service if it is at least 10 percent disabling. The injury need not be combat-related, but it must be linked to an event, symptom or diagnosis that first occurred during service or (for presumptive conditions) during the relevant presumptive period.

            For example, treatment for skin cancer caused by an earlier, service-related sunburn might be compensated. Illnesses such as diabetes, Parkinson’s disease and certain heart diseases might be covered if you are a Vietnam veteran and were exposed to Agent Orange. There is no age or income requirement to qualify for this sort of compensation.

            To receive a pension benefit, you must be 65 years old or older, or you must be totally and permanently disabled.  Also, you must have served one day during a period of war, and 90 days of continuous service, unless you were injured and required to leave the service.

Q:       What is a “period of war” for purposes of qualifying for pension?

A:        Congress has established time periods for wars in which the United States has been involved since the 1940s, including World War II (Dec. 7, 1941 to Dec. 31, 1946); the Korean Conflict (June 27, 1950 to Dec. 31, 1946—and in some cases, to July 25, 1947); the Vietnam Era (Aug. 5, 1964 through May 7, 1975); the Persian Gulf War, and subsequent conflicts up to and including the present-day conflict in Afghanistan.   

                                               

Q:       Might my family members qualify for any benefits because I am a veteran?

A:        Yes. If, for example, you die leaving family members behind you, your veteran benefits may go to any of your dependents (including your spouse and dependent children, as well as your parents, if they are dependent on you).

Q:       Might I receive other benefits aside from pension and service-related compensation?  

A:          Yes. You can receive “Aid and attendance” (A&A) in addition to a pension if you can no longer do two or more of certain basic daily tasks, such as feeding, washing or dressing yourself. A&A is also available for any qualified veteran who is receiving service-connected benefits. It may also be available for the spouse of a veteran who has the same needs, even if the veteran is not receiving A & A.

Q:       If I apply for veteran benefits, how soon will my claim to be decided?

A:        Since veterans’ situations are unique, claims will take varying amounts of time—anywhere from a few months for pension to a year or even several years for (service-connected) compensation. Usually, more complex cases will take longer to be decided.

           

Q:       What happens if my claim for benefits is denied?

A:        You can appeal your claim through a Notice of Disagreement (NOD).  You must file your appeal within one year after your claim was denied or partially denied.

Q:       Who can appeal?

A:        You can write the appeal yourself or you can go through an accredited Veterans Affairs (VA) agent or certain other agents who are accredited.  Accredited agents may be attorneys or members of service agencies such as Disabled American Veterans. Generally only attorneys can represent veterans on appeals to the Court of Appeals of Veterans Claims.

Q:        How much will it cost me to file an appeal? 

A:        There is no out-of-pocket cost, and no one is allowed to charge a fee for helping a veteran apply for an appeal, although a fee can be charged for explaining the law in detail. The person you choose to represent you may charge a contingent fee, which may be paid directly by the VA, once your Notice of Disagreement has been filed and you have agreed to the fee in writing. There may be additional costs, as well. If you lose the appeal and receive no benefits, your representative will not charge you. If you win your appeal and receive benefits, the VA will pay the representative’s fee directly, unless you and your agent agree that you will pay the fee directly.

Q:       Who should I contact to get help in appealing my application for VA benefits?

A:        Visit any VA-accredited attorney or agent near you for help in appealing a VA benefit denial. The VA maintains separate lists of attorney representatives and non-attorney VA accredited agents. Also, the VA maintains a service center in each county to respond to veterans’ questions.  For more information, visit the VA website at www.va.gov.

           

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Akron attorney Betty Groner. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What, exactly, is Medicaid fraud?

A:        Medicaid fraud involves making false or misleading statements, or causing such statements to be made, in order to get Medicaid reimbursement. Medicaid fraud may include such acts as billing for, but not providing, services or goods, and providing medically unnecessary services. Medicaid fraud schemes also may involve billing for a more expensive product or service than was actually delivered, billing separately for services that should be billed together, and billing twice for the same product or service. It is also illegal to: dispense generic medications while billing for more expensive brand-name drugs; submit false information on Medicaid cost reports; charge co-pays; and provide kickbacks or rebates for goods or services for which Medicaid reimbursement will be sought. Managed care organizations cannot deny service to eligible Medicaid recipients or fail to provide the level of service medically necessary or required.

Q:       What are the penalties for Medicaid fraud?

A:        Medicaid fraud is a crime. If the fraud involves sums greater than $150,000, it is a third-degree felony. Fraud involving sums of more than $7,500 but less than $150,000 is a fourth-degree felony. Fraud involving sums of more than $1,000 but less than $7,500 is a fifth-degree felony. Penalties may include fines, community control sanctions and, in some cases, prison. Individuals and entities convicted of Medicaid fraud and related crimes are required to be excluded from participation in all federal health care programs.

Q:       What does the Ohio Attorney General’s Office do about Medicaid fraud?

A:        Federal law authorizes Medicaid Fraud Control Units across the country to investigate allegations of fraud and abuse involving the Medicaid program. Forty-nine states and the District of Columbia have such units, and each is subject to annual recertification by the U.S. Department of Health and Human Services. In 1978, the Ohio General Assembly authorized the Attorney General to create and oversee the Ohio Medicaid Fraud Control Unit, and Ohio law grants this unit original criminal jurisdiction to investigate and prosecute Medicaid fraud statewide. The unit’s staff of more than 60 includes special agents, ana­lysts, nurses and attorneys.  

Q:       What can I do if I suspect a health care provider of Medicaid fraud?

A:        If you know about any instances of Medicaid fraud, you can contact the Ohio Attorney General’s Office at 614/466-0722 or 800-282-0515, send a fax to 614-644-9973, or visit www.OhioAttorneyGeneral.gov/ReportMedicaidFraud.

This “Law You Can Use” column was provided by the Ohio Attorney General’s Office and prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

If you are ending your marriage or suing for custody of a child born outside of marriage, you should know about Ohio’s guidelines for determining court-ordered custody and parenting time arrangements. It is wise to proceed very carefully with advice from a family law attorney when dealing with these issues.

Q:       My wife and I are divorcing in Ohio. How will the court determine which of us will have custody of our children?

A:        Ohio recognizes two custodial arrangements: sole custody and shared parenting. The difference between the two is the decision-making rights of the parents. In a sole custody arrangement, one parent makes final decisions for the children in matters such as education, major medical care, religious upbringing and extracurricular activities. In a shared parenting situation, both parents have the same legal right to make final decisions for the children.

            Many Ohio courts begin by presuming that most cases will result in shared parenting, where both parents are actively involved in making major decisions for their children, particularly if the children are older or if the parents made joint decisions about the children before divorce or custody litigation.

            Ohio law says that a court must look at the “best interests of the children” to determine whether sole custody or shared parenting is appropriate. The court takes into consideration many factors. Some are: 1) the wishes of each parent and the children; 2) how comfortable the children are in each parent’s home, school or community; 3) whether one parent has withheld the children from the other parent; 4) whether the parents have difficulty communicating about decisions affecting the children;  5) the mental and physical health of the parents and the children; 6) whether one parent is planning to move (especially if the move is far away or out of state);  and 7) the recommendation of a guardian ad litem involved in the case.

Q:       What are our options for setting a parenting time schedules?

A:        In addition to determining whether parents should make joint decisions regarding their children, Ohio courts also must determine when both parents will see their children (called “parenting time”). Most Ohio courts have a “model visitation or companionship schedule” that suggests a parenting time arrangement. According to such a schedule, the children will live primarily with one parent and see the other parent every other weekend from Friday evening until Sunday evening as well as one additional evening each week (usually Wednesday) for dinner. This “model visitation schedule” may actually be a “bare minimum” schedule that parents might expect the court to set if the custody case proceeds to trial.   

            Parents often depart from this model and agree to tailor the parenting time schedule around their particular family’s needs. For instance, some parents may agree to an alternating week schedule where the children spend one week from Friday to the following Friday with one parent, and then live with the other parent the following week. Research suggests it is better for young children to see both parents more frequently during the week, so some parents of young children may decide to follow a schedule where the children go from one home to the other every two to three days (including alternating weekends). Such a schedule may also work well when both parents work.

            Regardless of the parenting time schedule, both parents can attend school events and their children’s extracurricular activities.  These occasions provide additional time for parents to have contact with their children and support their children’s interests.

Q:       Where will our children go to school?

A:        In Ohio, a shared parenting plan must state who will be the “residential parent for school placement purposes.” If your children attend public school, they will attend school in the portion of the district where the “residential parent for school placement” lives. 

            In a sole custody situation, the sole custodian automatically is also the “residential parent for school placement purposes.” In a shared parenting arrangement, each parent can be a “residential parent for school placement,” so long as both live in the same section of the school district. If parents who share parenting responsibilities live in different school districts, or in different portions of a school district (corresponding with different elementary, middle or high schools), then one parent must be selected as the “residential parent for school placement.”

            If the children attend private school, the residential parent designation is not as important, unless the children will stop attending private school in the foreseeable future.

           

This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was prepared by attorneys Scott N. Friedman and Elizabeth Johnson, both of Friedman & Mirman Co., L.P.A. in Columbus. Articles appearing in this column are intended to provide broad, general information about the law. For information about a variety of legal topics, visit the OSBA website at www.ohiobar.org. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Virtually everyone gets or gives a gift card for a holiday or a birthday. On average, eight of every ten consumers will buy a gift card for holiday giving alone. The gift card business is a billion-dollar industry. Now there is a federal gift card law as well as an Ohio gift card law to help protect you if something goes wrong.

Q:       Why are there two laws covering gift cards?

A:        The state law was enacted several years before the federal law, and each law covers different gift cards in different circumstances, with some overlapping coverage. Because gift cards may sometimes be used in different states, a federal law was needed to protect consumers who purchase and receive gift cards.

Q:       What do the gift card laws do?

A:        Under Ohio’s law, a gift card must maintain its full value for at least two full years from the date it was issued. The Ohio law also prohibits retailers from charging service or other fees for two years from the date the card was issued. The federal gift card law only covers store-issued gift cards and bank-issued gift cards, but it requires those cards to have full value for at least five years. It is important to remember that, when you buy a gift card at a third-party location, only the Ohio law applies. Such a third-party location, called a “card mall,” might be a kiosk within a grocery store or a drug store that offers cards from a wide variety of other sources.

Q:       Do these laws apply to all gift cards?

A:        No.  The Ohio law does not apply to cards given as part of a customer loyalty program, cards sold by non-profit organizations, cards given to employees by their employers or gift cards that are usable at any unaffiliated sellers of goods or services, such as Visa or MasterCard, etc., or to prepaid telephone calling cards. The federal law only applies to store-issued and bank-issued cards and to gift cards that are freely given away as a promotion.

Q:       Can I be charged a fee if I don’t use my gift card for a while?

A:        If your card is covered by the Ohio law only, then you do not have to pay any fees for at least two years. If the gift card is covered by the federal law, then any fees have to be clearly disclosed on the card itself or with its packaging, and no fee can be imposed unless the card has not been used for at least a year.

Q:       If I receive a card with no expiration date, will be good for only two years?

A:        No. The law says that a card that does not include an expiration date is presumed to be valid forever.

Q:       What if I buy or receive a card through an online source or from a retailer in another state? Might Ohio’s law still apply?

A:        If the seller delivered it to you in Ohio, then Ohio’s law likely would apply. If you bought it in another state, then that state’s gift card law likely would apply. Depending on the kind of card it is, the federal gift card law also may apply. You can read about other state gift card laws, and find a summary of the federal gift Card law at www.scripsmart.com/federal_gift_card_law#state_impact.

           

Q:       What can I do if an Ohio store breaks the law and won’t honor the full value of my card?

A:        You can go to small claims court and ask for compensation. You can only ask to be compensated for the original value of the card, plus court costs and attorney fees, but if the judge rules that the Ohio Consumer Sales Practices Act has also been violated, then you may even recover up to three times the full amount of the card plus costs and attorney fees.

            You can also: 1) file a complaint with the Ohio Attorney General (www.ohioattorneygeneral.gov/about-ag/file-a-complaint.aspx); 2) file a complaint with the Consumer Financial Protection Bureau (www.consumerfinance/gov/complaint/); or 3) for cards issued by national banks, you can file a complaint with the Comptroller of the Currency (customer.assistance@occ.treas.gov).

Q:       Is the law relating to gift cards likely to change?

A:        The Gift Card Consumer Protection Act has recently been introduced in the U.S. Congress. This Act would ban gift cards with expiration dates and non-use fees. It would also prevent companies filing for bankruptcy from selling gift cards and require them to accept and honor unredeemed cards.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by consumer advocate Ronald Burdge, an attorney with the Dayton firm of Burdge Law Office Co LPA.  Articles appearing in this column are intended to provide broad, general information about the law.  Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.