55-year-old DH with early onset: Reasonable cost of CELA? Disability Attorney?
Hello,
As I try to research and advocate for my husband and family, I am wading through an overwhelming number of details. We finally have an appointment with a CELA in 3 days and she charges a flat rate (rather than hourly), so that her clients will feel free to call with questions anytime and so she can be available to clarify/discuss as much as needed throughout the process of creating a financial plan. She estimates, based on our initial detailed phone call, that our plan will cost around $5000. Based on the experience of others, does this cost seem reasonable and in the ballpark?
If we are not denied SSDI, do we really need to hire a disability attorney? In other words, besides helping folks with the appeal process (when they're denied), what service to Disability Attorneys provide? I'm eager to understand their value. If I can get what I need by applying for SSDI and working with to understand benefits he's eligible for, I'd like to avoid the cost of another lawyer. I'm very confused at this point. The HR department at the University where my DH works is telling me all about the FMLA, catastrophic, annual and sick leave he's eligible for.
I'm grateful for any wisdom/experience you all can share.
Molly
Comments
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One question. Are you using this attorney to get disability? They aren't suppose to charge you for that. They are paid $5000 from social security to help clients through the appeal process.
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No. The attorney that is charging me a $5000 flat fee is a Certified Elder Law Attorney and I get the impression, from all I've gathered, that her main role will be to protect our finances. I am hoping to also get disability/social security advice from her but I don't get the impression that she has expertise in those areas…
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Oh. Ok.
I'm just starting on this journey, and have been calling around to get a CELA appt.
(I had no idea it would cost that much. Ugh)
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yes, UGH indeed!! Just FYI, I got a private message response from someone who's walked this path and she told me that $5000 sounds about right. It's A LOT…I'm bracing for how expensive this whole situation will be. I am sending you the best…feels good to not be entirely alone.
Molly
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I do think $5000 is in the ballpark. Sounds reasonable to proceed without another disability attorney for now, you can always revisit that later if problems arise. Hope it goes well.
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Do you think you will need Medicaid for long term care? If so, make financial decisions with Medicaid in mind. Remember, there is a five year look back period. You need a lawyer who is knowledgeable in this area. This is what elder lawyers do.
A lot of the older threads regarding elder attorneys discuss nuances in consulting a CELA.
Iris
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Just a comment on a disability attorney vs a CELA. We had both types of attorneys. We hired a disability attorney who specialized in SSDI claims after DH's first claim was rejected by SSA. That attorney got him approved on the first appeal. We have a CELA who we worked with to draw up our financial paperwork and medical directives. We will not be applying for medicaid but she could have helped us with that process. We paid out of pocket for the CELA but the SSDI attorney was paid directly by the SSA and the amount was deducted from DH's 'backpay' since it took about a year from when he qualified to get approved.
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I am in nearly the exact same boat, Molly, and I was wondering what you decided regarding Disability and where you are at with that? I am afraid to go ahead and start the process without having all my ducks in a row. I don't want to make mistakes with regards to this. I have an appointment with a CELA on 5/21, but don't expect he will be able to help me with Disability. It seems strange they don't. My husband is 56 and just diagnosed with FTD.
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Forgive me if this isn’t helpful. We have a child with disabilities and had to do specialized estate planning to keep her eligible for disability benefits in the future (if she has more than X assets in her name, she will be disqualified). We paid about $6000 several years ago for our wills, a joint trust for us, and 2 trusts (1 regular child, 1 supplemental needs trust for disabled child). Now we have to be sure to have the right insurance plans etc to fund them. It’s very stressful and I understand lying awake at night worrying because I have. Sending you hugs.
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Hi Melissa, I'm sorry you're in this lousy boat too! This does suck, doesn't it?!
We did make some big decisions recently. I filled out a TON of paperwork with the HR department of my husband's employer (he works for the large University in our city) to apply for both FMLA and Catastrophic Leave. He was approved (for FMLA, we're still waiting for catastrophic leave approval) and will have his last day of work on May 24. I am lucky to have a friend who works at Social Security and her actual job is to process SSDI applications! She sat on the phone with me and told me how to navigate the application process to maximize our odds of getting accepted for SSDI the first time around (which is apparently not common). Since my husband's first day of leave is May 27, she recommends that I apply for SSDI on THAT DAY. Luckily, the catastrophic leave will provide 6 months of paid leave, which is necessary because the SSDI takes 5-6 months to process and that fills the gap for us.
Getting ducks in a row is overwhelming and SO CONFUSING. I still have lots of unanswered questions, but I'm taking things one day at time so I can keep my stress managed and keep juggling all the things.
best of luck! Molly
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Hi. Yes, this all sounds familiar. We also just paid $6000 for something very similar. Our 21-year-old daughter has autism and does not work. She is on Medicaid currently. Our estate plan looks very complicated! Also, my dad and my in-laws need to change their wills to have all inherited $ go into a protected trust so that, should I (WHEN I?) need my husband to qualify for Medicaid down the road to pay for memory care, the government doesn't take every penny from us. Complicated and exhausting. good luck to you!!
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When happy for Medicaid do they only use dh income ?
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What exactly will be done for the 5K? Trust? DPOA? Health Directive? Property Directive? Will?
Additionally find out exactly what it will not cover going forward.
Please ask these questions via email for documentation.
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@ronda b Medicare is national, but Medicaid differs greatly from state to state, so it's best to work with experts locally about Medicaid qualifications and restrictions.
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Commonly Used Abbreviations
DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
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AL = Assisted Living
POA = Power of Attorney
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