COLONEL GREGORY CHANDLER--MILITARY VOTING

The 2012 presidential election season is in high gear.  To that end, I inform about the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). 

UOCAVA covers all military personnel and their dependents, and all United States citizens living outside the United States of America.  Under UOCAVA, you register to vote using a Federal Post Card Application Standard Form 76.  This form is commonly called the FPCA form. FPCA forms are available at all United States military installations around the world and at all United States embassy and consulate locations.  You can also download a FPCA form from the Federal Voting Assistance Program website, www.fvap.gov. 


GREGORY CHANDLER, Colonel, USAR

Gregory Chandler on Business Records

In business litigation, the issue is often the admissibility of business records.  Under the Federal Rules of Evidence the controlling rule is Rule 803(6).  Rule 803(6) concerns regularly conducted activity. 

I came across an interesting case today.  The case is United States v. Lemire, 720 F. 2d 1327 (D. C. Cir. 1983).  The appellate court affirmed convictions for wire fraud and other offenses.  The court upheld the exclusion of a memorandum written by one defendant for a superior, finding that the document was not a business record, because it was not made in the regular practice of the business and it summarized events that had taken place some time before. 

GREGORY CHANDLER, Attorney at Law

Gregory Chandler -- Ponzi Scheme Litigation

I researched this case last week while preparing a brief.  The case is Scholes v. Lehmann, 56 F. 3d 750 (7th Cir. 1995)  The Seventh Circuit affirmed, in part, a summary judgment for the plaintiff in a receiver's action to recover funds that had been distributed by the since-convicted mastermind of a Ponzi scheme.  The Court opined that the mastermind's plea agreement was admissible under Federal Rule of Evidence 803(22) to establish the defendant's liability. 

Gregory Chandler, Attorney at Law

Gregory Chandler-Special Needs Trusts

In 1993, Special Needs Trusts were given a special "exception" status for Medicaid purposes under 42 U. S. C. section 1396(d)(4)(A)-(C).  Funds held in these types of trusts are not considered available to the trust beneficiary in determining whether or not the individual qualifies for Medicaid, provided that the Trust meets a few conditions:  the Trust must be for the sole benefit of a person with a severe and chronic or persistent disability; the Trust assets can only be used to supplement, and not supplant or replace goods and services available to the Beneficiary through government benefits programs; and if the Trust at the Beneficiary's death is subject to recovery by the state (up to the total amount that was paid by Medicaid on health care for the Beneficiary).

A first-party Supplemental Needs Trust (SNT) is one in which the Beneficiary's own assets are used to create the Trust.  This type of Trust will be appropriate when the Beneficiary has received a settlement, inheritance, or other windfall that would disqualify him or her from need-based government benefits.  The funds in a SNT will not impact an individual's eligibility for government benefits when:  (1) the Trust Beneficiary is a person with a severe and chronic or persistent disability and is under the age of 65; (2) the Trust was established by a parent, legal guardian, grandparent, or court of competent jurisdiction; (3) the fund's use is limited to goods and services not otherwise available through government benefits; and (4) the state will receive all amounts remaining in the Trust upon the Beneficiary's death, up to the amount that was paid out by Medicaid on his or her behalf.  42 U.S. C. section 1396p(d)(4)(A)

Like a Supplemental Needs Trust, a Pooled Trust is created for a severely and chronically or persistently disabled individual's sole benefit, but the Trust assets are managed by a non-profit organization and pooled with other accounts for administrative and investment purposes.  Pooled Trusts have no age limitations but Medicaid applicants and recipients who require a nursing home level of care may incur a period of ineligibility for any assets placed in the Trust after turning age 65.  At the death of the disabled individual, any funds remaining in the Trust not used to reimburse the state for Medicaid paid on behalf of the deceased, remain in the pool for the benefit of others with
disabilities.  42 U. S. C. section 1396p(d)(4)(C)

Under the federal Social Security Act, there is one other type of special needs trust but it is only available in states whose Medicaid program does not provide Medicaid solely on the basis of medical need.  These types of trusts are called Medicaid Qualified Income Trusts.  Medicaid Qualified Income Trusts are also known as Income Cap or Miller Trusts.  In those states in which Medicaid Qualified Income Trusts are permitted, the Trust, composed of a disabled's person's monthly pension, social security, and other income makes it possible for the individual to qualify for nursing home care under Medicaid even though the person's income exceeds Medicaid eligibility limits.  42 U. S. C. section 1396p(d)(4)(B).

It should be noted, however, that about half of the states do not recognize Medicaid Qualified Income Trusts. 

GREGORY CHANDLER, Attorney at Law     

COLONEL GREGORY CHANDLER--Military Spouse Career Advancement Accounts

The Department of Defense reopened the Military Spouse Career Advancement Accounts (MyCAA) recently with several key changes in eligibility and dollar amounts. 

Below is a summary of the changes:

1.  MyCAA is available to spouses of active duty service members in pay grades E1 to E5, W1-W2, and O1-O2.  The spouses of activated Guard and Reserve members within those ranks are also able to use the MyCAA.  Spouses of Guard and Reserve members must be able to start and complete their courses while their sponsor in on Title 10 orders.

2.  MyCAA offers a maximum financial benefit of $4,000 with a fiscal year cap of $2,000.  Waivers will be available for spouses pursing licensure or certification up to the total maximum assistance of $4,000.

3.  MyCAA requires military spouses to finish the spouse's program of study within three years from the start date of the first course. 

4.  The MyCAA is limited to associate degrees, certification and licensures. 

The MyCAA program provides up to $4,000 (over 2 years) of financial assistance for military spouses who are pursuing degree programs, licenses, or credentials leading to employment in portable career fields.


GREGORY CHANDLER, Colonel, US Army Reserve