Babette Bach is featured for her role as the guardianship attorney for the Ayer family in the book “The Whose Next Club?” by Donald Ayer.

In 2003 Maureen and Don Ayer’s beautiful 37 year old daughter, Julie lapsed into a coma from over sedition during breast surgery.  She never recovered.   The Ayers hired Babette to represent them to obtain legal guardianship of their single daughter.  Their medical decisions were continuously challenged by Julie’s fiancée.   For three months we were constantly in and out of Court.   At the same time, about an hour and a half away, protests were occurring over the Terri Schiavio right to die case.   There was enormous political pressure from the Schiavio matter which spilled over into this private family tragedy.

http://www.todaystmj4.com/features/specialassignment/132825343.html

Meet & Here Babette Bach Present an update on:

Affordable Care Act, Medicare & Medicaid

Friday November 18, 2011 @ Alderman Oaks

10:30am - 12:00 PM  Brunch Included

To Register for Seminar Call (941) 955-9099

Download Event Flyer

They came in first last week - Three Episodes Left !!!

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http://www.facebook.com/themoderngypsies

Meet his team, the Modern Gypsies:

http://abc.go.com/shows/expedition-impossible/meet-the-teams/ThemeGallery/771573

My son, Eric Bach, is a competitor in a new realty TV show on ABC this summer called Expedition Impossible!   It starts on ABC June 23 at 9 pm to 10 pm EST and will play for 10 weeks.  So I’m being the proud Mama and am inviting everyone I know to watch the show. 

We have no idea of the outcome of this challenging expedition but we are thrilled to tell you that he survived without injury.

Here is the face book page for Eric’s team and I ask that you click that you “like” them. It is important that the gypsies develop a great following.  If you can get your friends to click that they “like” him on facebook it would be appreciated.

Facebook link to Modern Gypsies  - Expedition Impossible  page. (Eric is the tall fellow with the big mustache)

http://www.facebook.com/themoderngypsies

Meet his team, the Modern Gypsies:

http://abc.go.com/shows/expedition-impossible/meet-the-teams/ThemeGallery/771573

Go Eric,

Babette

Visit our Sarasota Office at 240 South Pineapple Ave, Suite 700 - Sarasota, Fl 941-906-1231
Bach Elder Law offers the following services to meet lifetime legal needs of our clients:
    • Medicaid
    • Long term care planning
    • Estate planning
    • Probate
    • Guardianship
    • Tax law
For more info go to: http://www.bach-elder-law.com/

The Coalition for Arts and Health Partnering the Arts and Healthcare for Individual and Community Wellness

Aging With Dignity
Free Health Seminar
William Zella, PhD and Babette Bach, Elder Attorney
In collaboration with the Alzheimer's Association
Wednesday, March 9th
10:30am-1:30pm
Medical Office Building Auditorium
5741 Bee Ridge Road
Adjacent to Doctors Hospital of Sarasota
Please park in the Hospital parking lot-Lunch Provided
Seating is limited!
Please call 1-888-685-1596 by March 7th.

Benefits of music in healthcare & community settings
Commentary and Performances
Tuesday March 8, 2011
5:30-7:30PM
Doctors Hospital of Sarasota

Are IRA’s exempt from IRS levies for unpaid taxes of the owner of the IRA?

IRA’s are not exempt from IRS levies for the unpaid taxes of the owner of the IRA.  While it is the policy of the IRS to avoid levying against a taxpayer's IRA or qualified pension plan benefits, it can do so as a last resort (Internal Revenue Manual 5.11.16).  It is also well settled that the IRS lien and levy powers contained in the Internal Revenue Code take precedence over any asset protection provisions in state law, such as FL Stat. 222.21.  The good news is that there is a Tax Court case which holds that in the case of death benefits payable under a qualified pension plan, the IRS levy does not attach to the death benefit, even if the IRS levies against the delinquent taxpayer's pension account before the death (Asbestos Workers Local 2004-1 USTC 50129).  There does not appear to be any similar case involving IRA death benefits but the analysis should be the same.  It is somewhat similar to IRS levies against life insurance policies owned by a delinquent taxpayer who dies.  While the IRS can reach the cash surrender value, it can't reach the pure insurance portion of the death benefit payable to a third party beneficiary.
For more info go to: http://www.bach-elder-law.com/

The Pre-existing Condition Insurance Program (PCIP) in Florida, effective August 1, 2010

         Click to download PDF

• Medicaid is a federal and state program that pays for long term care for those individuals that qualify.
• There is a wrong assumption that Medicare covers long term care. Medicare does not cover costs of basic daily life expenses such as bathing, eating dressing, walking… Medicaid does.
• The average cost for the Nursing Home in Sarasota County is $7,000.00 per month. These costs are rising annually.
• If eligible, Medicaid pays the difference between the Applicant’s gross income and his or her care costs.
• Law provides many Medicaid asset protection planning tools to help you dispose of your assets so that you can still use them for the rest of your life and still qualify for Medicaid.
• Medicaid planning is technical and often complex. No two cases are alike.

• Analyze your current assets, estate planning documents and medical expenses
• Give you detailed explanation of available options for your (or your beloved one’s) Medicaid qualification
• Provide you guidance for implementation of selected Medicaid asset protection plan. We do not sell any commercial products. We are independent legal advisors looking after your best interest.
• Complete Medicaid application on your behalf.

Babette: At Bach Elder Law, we are committed to viewing our clients and their multi-generational families in a very holistic way. We try to be very active listeners. We want to preserve the integrity of the family and give them the level of service that they need, particularly when they're in crisis, because when you're in crisis you need to be taken care of, you need to have your phone call returned, you need to know your case is a priority, so that you can feel the relief that someone is servicing you and solving the problems for you. Fred: One of things that I enjoy so much in working with Babette, having done this for a lot of years, is the standard of excellence that we have in the office. Nothing goes out of that office unless it's perfect, unless it's been reviewed, unless it's well thought out, unless it's in the best interests of the client and achieves the best possible result for the client. Nothing else is acceptable.
Babette: In order to obtain the type of services and the level of knowledge that we would like to present to our clients, we are very involved in the Florida Bar. I am often putting on CLEs on behalf of the bar as chair of the elder law section. I have frequently written articles or lectured in the field of elder law. I am frequently attending different continuing legal education programs, and also tracking programs that are provided by the National Academy of Elder Law Attorneys so that I am appraised of all of the newest events that occur in my field.
Fred: In the field of taxation, you must absolutely be current and up to date. In addition to practicing with Babette, I am also a tax law professor at Stetson Law School, which is in St. Petersburg, Fla., approximately 30 miles north of here. In order to stand in front of 25 law students two and three times a week, you must be absolutely current in the tax law. You have to know what you're talking about and as a result of that experience, the give and take with students, you are obligated to know and understand the law including the most recent changes and additions to the tax law.

Babette: In addition to being certified by the state of Florida as a board-certified elder law attorney, I'm certified by the Department of Veterans Affairs as a certified V.A. attorney. What that means is that I am able to represent veterans applying for benefits. There are V.A. benefits that are very beneficial to married veterans who were dishonorably discharged and served during wartime that are non-service connected. And that's very important because if you develop Parkinson's or Alzheimer's and you need care at home, you may be able to get substantial governmental benefits to cover your at-home care costs or your assisted-living care costs even though your disability has absolutely nothing to do with service-connected disability. Sometimes I get to tell the widows/widowers of deceased veterans that even though their husband or wife may have passed away 20 years ago they, as a surviving spouse of a war-time veteran, can also access these programs. The benefits are not quite as rich as they are for the veterans but they are very substantial, and it is one of the areas where I frequently council clients.

Fred: I bring to Bach Elder Law my expertise in tax matters. Frequently our clients come into the office with tax problems. Some of them haven't filed returns for a number of years, some of them are engaged in disputes with the Internal Revenue Service, some of our wealthier clients need tax planning on estate issues which can become very complicated, particularly now at this time where there is great uncertainty in the estate tax law. Congress failed to renew our estate tax law and it went out of business on December 31, 2009. Most tax practitioners, myself included, believe that when the Congress gets to it, it will reinstate the federal tax law in substantially the same form that existed as of December 31, 2009. This means that persons with estates of less than 3.5 million dollars, or 7 million dollars between a husband and wife, need not be concerned with federal estate taxes.

Bach Elder Law's Memory walk team raised over $37,000 for the Gulf Coast Chapter of the Alzheimer's Association on October 24th and was awarded the prize for the highest team contribution

http://www.sarasotamagazine.com

The Obama health care reform law includes new and important private insurance option for individuals who have been previously denied coverage due to pre-existing condition. This new insurance is called the “Pre-Existing Condition insurance Plan (PCIP) and it is administered in the state of Florida by GEHA. 

To be eligible for this private health insurance you must have been denied health insurance coverage from a private insurance company because of a pre-existing condition and have been uninsured for at least six months and be a U.S. citizen or legal resident. 

This program provides high quality private health insurance at a reasonable cost without underwriting.  There is no additional charge due to your medical condition and eligibility is not based on income or assets. 

To learn about this insurance option go to www.pcip.gov or to www.geha.com.

The current premiums are:

age 0 to 34    = $363/month

age 35-44      = $435/month

age 45-54      = $556/month

age 55+          =  $773/month.

Fred: In the tax and business areas, I have also represented and advised business owners on succession planning. That is, how do you get a business from one generation down to the next in the most efficient way, both from a tax standpoint and also from a governing standpoint. Frequently, when a business is passed from the founder to the next generation, you have controversies and disputes between the children in the operation of the business. In many cases some want to sell, some don't want to sell. You can provide for that and prevent those kinds of disputes with well thought-out succession planning in the form of buy/sell agreements, employment agreements and operating agreements that will state with some specificity just who has the right to make the decisions, and who is going to be running the business while still treating all of the beneficiaries of a business owner equally.

Babette: One of the things that an elder law attorney specializes in is estate planning for a disabled beneficiary. Many of our clients have children or grandchildren who are suffering from various disabilities and receive governmental benefits. If they receive medicaid, they need to do a special needs trust in order for that beneficiary to be able to receive an inheritance and have their governmental benefits protected. We often work on a team approach doing the estate planning for a family that's very concerned about a disabled beneficiary.
Fred: The special needs trust is a very exacting document. You must draft the document so that the beneficiary, that is, the disabled person, gets all the benefits from the trust that the creator of the trust intended but at the same time, does not get kicked off medicaid or another governmental benefit. The way you accomplish that is to give to the trustee, whether it be a family member or perhaps a trust department of a bank, the complete discretion as to whether or not to distribute income or principle benefits to the disabled beneficiary so long as everything is done in the best interests of the beneficiary.

Fred: We can also handle all aspects of real estate transactions for our clients, including transfers to beneficiaries, and in those cases where clients are purchasing homes in Florida, we can represent them in connection with the purchase, including reviewing the agreements of sales, searching the titles and obtaining title insurance on behalf of our clients, so that they can be assured that they own clear, free and marketable title to any properties down here that they are purchasing.
One of the questions that we're frequently asked is whether a client should become a resident of the state of Florida. We have many clients who own homes in Florida but also still own homes up north, and the issues is, should they remain a resident of their state or establish residency in Flordia. In our view, their really is no downside to establishing residency in the state of Florida. There is no personal income tax and no inheritance tax. Many states up north still do have an inheritance tax that ranges  from 4% to 15% of the value of the assets that are being passed to children, grandchildren and other beneficiaries. In Florida we have no such tax. If you have a home here and spend at least the majority of your time here, there is no downside to establishing residency in the state of Florida

Fred: Many times clients express concern about the costs and delays of going through the probate process. One of the ways to avoid that is to establish what's called a living trust during your lifetime. A living trust involves a document whereby you create a trust. The creator of the trust is both the trustee and the creator. That person puts substantially all of their assets into the name of the trust. Upon the death of that person, their property passes under the terms of the trust document, and those assets are not subject to probate and can be distributed to the beneficiaries in a relatively short period of time in accordance with the terms of the trust document. There is less time involved, and in some cases less expense in winding up the affairs of the trust as opposed to a probate estate. In the case of a probate estate, at every stage along the process you must get the approval of the court to do such things as making distributions, hiring outside consultations, and things of that sort. The revokable living trust is not a panacea. It does not accomplish all things and in some cases may actually be disadvantageous to a person. I personally feel that the probate process is more protective of beneficiaries, particularly in the case of minor beneficiaries such as young children. I think it's an advantage to go through the probate process where there are young children who absolutely must be protected if both the mother and father are deceased.

                                           Government launched a new Health Care website

On July 1, 2010, a new website was launched to help Americans understand new health care laws, to evaluate and compare all of their health insurance options, private and public, in a single place.

Barack Obama released a video giving a tour of this new healthcare.gov website. To see the video click here.

The main draw of this “one stop shop” website is a searchable database of not only the private but also public health insurance coverage options available based on your location, age, employment, health status and ability to afford insurance.

By inputting your state of residence and answering several questions about your age and health condition you will receive a list of ways to access insurance: Medicaid, COBRA plans, high risk insurance pool program, private-market individual insurance plans, etc.

By entering your zip code, you will get a list of all of the private insurance plans offered in your area, with links to the plans’ benefits and insurance companies’ contact information. Unfortunately, the website does not provide how much the plans cost (premiums and deductibles). Price estimates will be available on the website by October 2010.

For more information see http://healthcare.gov

Babette: Both Fred and I have litigation experience, and unfortunately in elder law, even with good planning, sometimes you end up in court. Fred: The typical case is a gentleman passes away, and leaves substantially all of his assets to a person or persons other than his natural beneficiaries, and by natural beneficiaries we mean typically the children of the decedent. Many times, people, particularly elderly people, come under the influence of persons and are induced to leave portions of their estate to those persons. In many cases the elderly person did not fully realize what he or she was doing. In a typical case, someone will come into the office and say, "my goodness, this is my dad's will. I hardly know this person! how could he have possibly left so much to so-and-so? Can you do anything about this?" And at that point, Babette takes over.
Babette: On the other hand, there are times when an elderly person knows exactly what they're doing, and they intentionally disinherit an heir. We can get very involved in preparing that case for litigation, even while the testator is alive and preparing the will, because we anticipate that it might be contested at a later date and so we develop the case right then and there on the spot. Unfortunately, that's not always the case, but we believe in a person's right to leave their estate to who they choose. That is one of the liberties we have in the United States and in the Florida Constitution. In protecting the elderly that means protecting their freedom of choice. Not every state is the same.
Fred: In those types of situations, we will frequently videotape the person who is making the will. We will record the signing of the will, we will ask that person questions like, "who you are? Do you understand what you're doing? Who are your beneficiaries? What is the nature and extent of your financial assets? How come you're not leaving so much to so-and-so and how come you're making a bequest to so-and-so?"
In other words, we have it all on tape, and when the person dies and if there is litigation, the judge and the jury and everyone else can see the person who prepared the will while they were alive, and can make a determination of whether they feel that person was competent, and they also hear right out of the person's own mouth why they are or are not doing a certain thing with regard to the disposition of their assets. We have found that that videotaping can be very persuasive in a court of law.

Fred: Hello. My name is Fred Jacobs. My interests outside the practice of law are biking, rowing and going for long walks on the beach in our beautiful state of Florida. Even though I'm an old guy, I still bike 25 to 50 miles per day. I also get the opportunity to go to work everyday in my boat. In addition to having a slip behind my house here in Florida, I rent a slip downtown and I actually get to work in my Boston Whaler. Sometimes it's so much fun that I'll take the long way home and go out into the Gulf of Mexico, which is an unusual way to commute in this day and age. I'm also working on my first novel, which is a mystery in the format of Robert B. Parker who wrote the Spenser novels. One of my favorite things is to row across Sarasota Bay and back in my rowing skull, a distance of approximately eight miles. Not bad for an old guy.

We represent legal guardians in establishing guardianships of person and/or property for minors as well as incompetent adults, pre-need planning for guardians, and complying with annual reporting and accounting requirements.

Fred: One of the situations that we frequently become involved in is when a client will come into the office and say, "my dad is elderly, my mother passed away several years ago. Dad is not fully in charge of his faculties, he's going on the internet every night and meeting unwholesome women and we are concerned that he is going to give away or dispose of a lot of his money to these people. We really think that he ought to be protected against that. Is there anything that you can do for us?"

Babette: If you do advance planning and you've got a good power of attorney, then you've designated who can handle your affairs for you if you are incapacitated. Very often that completely awards guardianship. But if you haven't, and you become incapacitated, your family or your loved ones have an obligation to go to court to protect you, both in terms of great access to medical care and the best medical attention you can possibly get, as well as in terms of preserving your assets. One of the fields in which I am an expert as an elder law attorney is in the field of guardianship. We try to avoid litigation at all costs. It's not always possible but if you do need to litigate, we have the experience. Fred: Frequently, the financial affairs of such persons are in a total state of disarray. They may not have filed income tax returns for the last five years, they don't know where their assets are, they don't know how they are held. One of the things I can do in assisting Babette is to straighten out to the extent possible the financial affairs of the person who is somewhat diminished in capacity.

Babette: Hi, I'm Babette Bach, and I am the founder of Bach Elder Law. I am an elder law attorney.
Fred: Hello. My name is Fred Jacobs. I practice law with Babette Bach.

Babette: We're a firm that specializes in the legal issues of the eldery and disabled. A lot of people ask me what that is, and it's something unusual. We focus on listening to our clients and trying to meet their needs by specializing in their areas of concern.
The most important thing to look for is a board-certified elder law attorney. In our firm, myself and my partner Fred Jacobs are both board-certified in complimentary specialties. I'm board-certified in elder law, which means that I am an expert in dealing with the issues of the disabled and the elderly as well as the governmental benefits that apply to them. My partner Fred is an expert in tax law.

Fred: I've been an attorney for nearly 45 years. My specialties are tax law, real estate law and financial and business matters. I am Florida board-certified in tax law. I also bring to Bach Elder Law my expertise in understanding financial documents. I can read and understand annuity policies and insurance policies, for example. I know what an IRA is, I know what the tax deductions are. I know how to designate beneficiaries of IRAs upon the death of the owner in order to have the most beneficial income tax treatment. I also represent our clients in their dealings with the Internal Revenue Service, and if necessary we can go to tax court or federal district court in order to obtain refunds of taxes that did not have to be paid.
Babette: Very frequently we can blend these two expertises to give the client all the information they need to deal with their issues. Primarily, this means focusing on issues relating to how they will pay for health care, how they will manage if they become incapacitated, how they will plan for their estate and for simple transition of their assests, but most importantly, how they will be able to save their assests so that they have good care at home or in a quality facility if they need that. In order to advise a client, I have to know all the fields of governmental benefits that would apply to them, and that is primarily medicare, medicaid and V.A. benefits.
People ask me, how did I get to be an elder law attorney? I've had a life-long interest in health care and access to health care. In my legal profession I've fought over and over again for people to have the governmental benefits that they need in order to get quality health care.

Babette Bach (West Coast Woman Newspaper - June 2010)

Emotionally bankrupt from litigation, dissatisfied with the legal profession, and needing an avenue to rekindle the flame, Babette became an attorney specializing in elder law. With a background in the medical profession, concern about access to health care, an activist in the AIDS movement, and a caregiver to her late husband, She says she was finally like a duck in water when she began practicing elder law.

Babette Bach says she was emotionally bankrupt from litigation, dissatisfied with the legal profession, and needed an avenue to rekindle the flame. Her life experiences prepared her to be the ideal attorney to join a firm specializing in elder law. With a background in the medical profession, concern about access to health care, an activist in the AIDS movement, and a caregiver to her late husband, Babette said she was finally like a duck in water when she began practicing elder law. Opening her own firm in 2003, her primary areas of practice are asset protection planning, probate planning, and guardianship for the elderly and young disabled persons.
“As people live longer, estate planning is not the only issue. There’s a huge range of issues and challenges that a long life presents.
The subject matter is enormous and challenging, but there’s a difference between elder law and estate planning. Elder law is a holistic way of practicing law. I do traditional estate planning and probate, but elder law encompasses so much more. I’m expected to sit across the table from a client and meet all of their needs.
I must interact with people in the community who manage programs so clients can get maximum benefits.
“Traditionally, elder law hasn’t been embraced by larger law firms that focus on high net worth clients. My average client has assets under $200,000, owns a house, and has a monthly income of $2200. Access to health care has always been one of my passions. I help them plan for their life savings, how they can pay for their own and their spouse’s care, and how to control costs. I need to be knowledgeable about every possible program a person can access. I tell my clients ‘I’m here to partner with you through any transition.’ One client had a stroke, called 911, and then immediately called me. We feel emotionally connected to one another.”
Babette is a Florida Board Certified Elder Law Attorney, nationally certified as an Elder Law Expert by the National Elder Law Foundation, and is chair of the Florida Bar Elder Law Section, the watchdog on legislative issues and case law relating to the elderly and disabled.
She was co-counsel in Gerkin v. Reiger/Levine that required the State of Florida to change its Medicaid policy to provide coverage for Florida’s poorest and most ill. A high-profile case in which she was involved was the Julie Rubenzer breast augmentation case where the patient died after surgery by a Sarasota doctor.
“It is difficult to plan for the last 20 years of life. The stronger the family support system is, the better the aging experience will be. In many cases, I deal with multiple generations and family units which is an ethical landmine.
I determine very quickly who I am representing and make that clear to the family. I usually represent the oldest person, but not always.
Occasionally a child becomes the client.” Sitting in her office on the seventh floor with a view of downtown Sarasota and surrounded by live orchids and plants in the conference room, she exudes passion for her work and compassion for her elderly and disabled clients. To stay current with issues affecting her clients she spends a lot of time studying alone and with a small study group of attorneys who have met for six years and continue to meet twice a month. “Practicing elder law means you have to be an expert in government programs such as Medicare, Medicare Part D, and Medicaid as well as veterans benefits. Now I’m learning how the federal healthcare reform act affects people over 65 and young disabled people.
It’s an embarrassment that these populations need legal help to apply for public benefits.” Due to the current economic conditions, Babette sees families struggling to keep loved ones at home because of the cost when they need specialized care. “People are delaying coming to me and they’re delaying making placement decisions. They need a plan so they can survive financially while at the same time finding adequate care for the ill or disabled spouse.
I’m also very concerned about the care giving spouse since I was in that position myself.” Challenges and frustrations are part of the job. “My challenging days involve financial exploitation cases, right-to-die cases, and watching caregiver burnout. When dealing with exploitive, predatory individuals, it’s hard to get prosecution, but we need to prosecute these cases. I come from a litigation background so I will go to court if I have to. My frustration is with the Department of Children and Families who do a spectacular job but, with a decreasing budget, there are fewer workers for an enormous caseload.” One of five children, Babette was raised in a traditional New Orleans family and enjoyed athletics, competition, boating—everything outdoors. Before Title IX was enacted, she was a nationally ranked track star, but she gave up her hopes of going to the Olympics and enrolled in Duke University. Today she engages in offroad bicycling, weight lifting, swimming, hiking, gardening, and cooking—she calls herself a “foodie”—and nurturing her love of all things French thanks to a year in France during college.
Her late husband, Dr. Michael Bach, taught infectious disease at Harvard Medical School and was on staff at Tufts University and the University of Vermont. Babette recalls, “Being in private practice while being attached to a medical school gave him the opportunity to be a pioneer clinical researcher on the medicine AZT for AIDS patients and eventually becoming an international expert. Early in the AIDS crisis when young people were dying, there was a huge social need which he filled by lecturing at jails, to cafeteria workers, landlords, and in every university and high school in Maine. In our house, Michael had an office on the first floor and we lived on the second floor with our children.”
Babette and Michael founded the first hospice in Portland, Maine, and the Michael C. Bach Clinic in Bradenton continues to serve the HIV and Hepatitis C population. Michael died of melanoma in 1998 leaving Babette and two children, aged 9 and 13. Currently Babette’s son Eric lives in San Diego and daughter, Alexandra, is a movie producer working in New York City.
“It’s brutal to lose someone who adored you. I am darn lucky to have had two wonderful relationships in one life. My partner of 10 years, Rob Patten, a garden builder, and I are avid conservationists and belong to numerous organizations dedicated to conservation. We’re always working on the extensive gardens at our house.”
When asked if she has another aspiration, Babette slowly replies, “I am having a hard time visualizing not doing this. I’m happy to be someone who helps and advocates for other people.”

STORY: Carol Darling

Original post:  http://www.westcoastwoman.com/?Page=Archives

• Determine whether the individual satisfies the prerequisites for the position such as possessing the appropriate educational background, etc;
• Determine whether or not the individual can perform the essential functions of the position held or desired.

• An employer may not ask whether the job applicant has or had cancer or about treatment related to cancer prior to making a job offer.
• An employer can ask an applicant questions pertaining to the performance of the job (whether he can lift weight, can travel out of town; whether he/she can work rotating shifts, etc.)
• A person with cancer is permitted to request an accommodation after becoming an employee, even if she did not ask for one when applying for the job or after receiving the job offer.
• With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee.
• Telling co-workings that an employee is receiving a reasonable accommodation amounts to a disclosure of the employee’s disability.

• The overall financial resources of the employer;
• The number of persons employed by the employer;
• The nature and cost of the accommodation needed, etc.

Babette B. Bach and Fredric C. Jacobs both received peer reviewed AV ratings from Martindale-Hubbell, the highest rating attorneys can receive for both legal acumen and professional ethics.
Babette B. Bach, Esq.
Babette B. Bach, Esq. is an Elder Law Advocate and the founder of Bach Elder Law. Board certified by both the Florida Bar and the National Academy of Elder Law Attorneys (CELA), she is chair of the Elder Law Section of the Florida Bar and has been practicing law for over 25 years.
"She was co-counsel in Gerkin v. Reiger/Levine, a landmark civil rights class action lawsuit which earned her the prestigious award for “Outstanding Service to Florida’s Elderly” from the Florida Bar Association."
Babette has used her specialization in Elder Law to become a legal activist for the elderly. She was co-counsel in Gerkin v. Reiger/Levine, a landmark civil rights class action lawsuit which earned her the prestigious award for “Outstanding Service to Florida’s Elderly” from the Florida Bar Association.  As a result of this lawsuit, the State of Florida was required to change their Medicaid Policy to provide coverage for all uninsured medical benefits to over 45,000 Medicaid recipients. This new policy resulted in the funding of approximately $ 52 million in new benefits to the poorest and sickest citizens of Florida.
As chair of the Elder Law Section for the Florida Bar, Babette stays abreast of the latest developments in Elder Law statewide and nationally. She frequently lectures on the legislative changes to governmental benefits affecting the elderly. In addition, as a board member of the Florida Gulf Coast Chapter of the Alzheimier’s Association, she is a staunch advocate for the increased support for research and services for those touched by the disease.
In June 2009, Babette began her service as chair of the Florida Bar Elder Law Section, an honor which recognizes her state-wide leadership in the unique practice of Elder Law.
"Babette has used her specialization in Elder Law to become a legal activist for the elderly."
Fredric C. Jacobs, Esq.
Fred has been an "av" rated attorney since 1976, holds a Masters degree in tax law and is Florida Board Certified in tax law. In addition to practicing law, he teaches estate planning, Federal taxation of estates, trusts and gifts, tax procedure and international taxation as an adjunct law professor at Stetson Law School, St. Petersburg, Florida.
Bach Elder Law benefits from Fred’s experience in income and estate taxation and estate and financial planning for the elderly. For many years he has counseled clients on how to hold, gift and bequeath assets and structure family and business transactions of every type in order to minimize the impact of federal and state taxation.
Fred has drafted and seen to the proper implementation of countless wills, living trusts, family limited partnerships, powers of attorney, guardianship declarations and other documents to meet the financial and tax planning needs of his clients. Clients value his extensive experience in how to avoid probate as well as in the administration of trusts and estates. As an educator, he has lectured and given seminars on the taxation of and planning for IRA, 401(k) and other pension distributions.
With his first job as a trial attorney with the Securities and Exchange Commission in Washington, DC., Fred has a deep background in securities as well as tax law He understands annuities, insurance products and other investments, including policy surrender issues and has successfully represented clients in arbitration proceedings against securities brokers and investment firms.
In the business area, Fred has represented small and medium sized businesses in all aspects of their organization and operation, including choice of business entity (corporation, s corporation, partnership, LLC), business acquisitions and mergers, buy-sell agreements, employee benefit and stock option programs, and employment and non competition agreements.
Fred is also experienced in real estate transactions, including tax free “like kind” exchanges, and serves as an approved attorney and agent for one of the largest title companies doing business in Florida.
Fred is admitted to practice in Pennsylvania and Florida, the United States Tax Court, the US Claims Court and the Federal District Courts and also regularly represents clients before the Internal Revenue Service.
“After 38 years in private practice, it is a privilege to be associated with Babette, the Chair of the Elder Law Section of the Florida Bar, and a knowledgeable, caring and vigorous advocate for the elderly,” says Fred.

Debating whether the government-guaranteed loan program is fueling another bubble, with Jeffrey Lewis, Generation Mortgage; Babette Bach, Bach Elder Law; and CNBC's Dennis Kneale. Babette on CNBC - Reverse Mortgages: Next Subprime?

Medicare Maze from the November 14-15 issue of the Wall Street Journal.
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The Social Security Administration (SSA) has added early-onset/younger onset Alzheimer's to the list of conditions under its Compassionate Allowance Initiative, giving those with the disease expedited access to Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
The Alzheimer's Association, a longtime advocate for those with early-onset Alzheimer's, has played an integral role in this movement to reduce the length of disability decision process.
What is the Compassionate Allowance Initiative?
Under this initiative, the Social Security Administration (SSA) finds individuals with certain diseases/conditions eligible for Social Security disability (SSDI) and Supplemental Security Income (SSI) benefits by the nature of the disease. While applicants still have to meet other SSDI criteria and/or SSI criteria, when it comes to the disability criterion, they are considered eligible by virtue of the disease and fast-tracked for a favorable decision about their eligibility for SSDI and SSI benefits.
What is Social Security Disability Insurance (SSDI)?
Social Security disability benefits (SSDI) are paid to individuals who have worked for enough years and have a condition that is so severe that they are not able to work any longer. Administered by the SSA, SSDI makes monthly payments to eligible disabled individuals and is a significant benefit for individuals with early-onset (younger-onset) Alzheimer's disease. In addition to a monthly payment, it serves as entry to Medicare benefits for those under the age of 65. Family members (e.g., spouses and minor children) may also be eligible for benefits based on the applicant's work record.
What is Supplemental Security Income (SSI)?
Supplemental Security Income benefits (SSI) are paid each month to individuals who are aged, blind or disabled and have limited income and resources (assets). The "disability" criteria for SSI are the same as for SSDI benefits. Unlike SSDI, eligibility for SSI is not based on prior work experience. In addition, in most states, individuals who receive SSI are also automatically eligible for Medicaid (medical assistance) benefits.
Why is this important to individuals with early-onset Alzheimer's disease and related dementias?
Social Security disability benefits are very important to those with early-onset (younger-onset) Alzheimer's and related dementias because these individuals are often initially denied benefits – but usually win on appeal. Those affected by early-onset Alzheimer's are often simultaneously faced with the enormous challenges that the disease presents, while also undergoing a long disability decision process that is financially and emotionally draining. By adding Alzheimer's disease to the list of “Compassionate Allowance” conditions, it will simplify and streamline the SSDI/SSI application process and should result in receiving SSDI/SSI benefits in an expedited manner.
Source: http://www.alz.org/living_with_alzheimers_social_security_disability.asp

2007 Memory Walk
Babette Bach, PA sponsored a team at the Alzheimer's memory walk in Sarasota on March 31, 2007 at Jungle Gardens in Sarasota, FL. The team raised almost $4,000. The walk raised almost $50,000.
 
Aging in the 21st Century
Aging in the 21st Century - Herald Tribune