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Key Dollar Amounts for Elder Law

Last Updated: 1/3/2012

Below are figures for 2012 that are frequently used in the elder law practice, including the  figures for Virginia Medicaid spousal impoverishment, the Federal long-term care insurance deductibility limits, and Medicare premiums and co-pays,  Social Security Disability, and Supplemental Security Income:

Medicaid Figures:

Divestment Penalty Divisor:  $ 7,734 for Northern Virginia (Arlington, Fairfax, Loudoun and Prince William Counties and the Cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park)
Divestment Penalty Divisor: $  5,933 for the Rest of the State
Individual Resource Allowance: $ 2,000.00
Married Couple Resource Allowance: $ 3,000.00 
Monthly Personal Needs Allowance: $ 40.00
Minimum CSRA: $ 21,912.00
Maximum CSRA: $ 109,560.00
Minimum MMNA: $ 1,891.25
Maximum MMNA: $ 2,841.00
Housing Allowance: $ 551.63
Utility Allowance: $ 274
Home Equity Cap 2011:  $ 506,000

IRS Gift and Estate Tax Figures:

(Source:  Rev. Proc. 2011-52)
Annual Gift Tax Exclusion for Gifts Made to a Non-Spouse:
$13,000
Annual Gift Tax Exclusion for Gifts made to a Non-Spouse who is not a U.S. Citizen: $139,000 
Lifetime Gift Tax Exclusion:  $5,120,000 
Estate Tax Exemption:  $5,120,000 for an individual; $10,240,000 for married couples.

Long-Term Care Insurance Premium Deductibility Limits:

(Source:  Rev. Proc. 2011-52)

Any premium amounts above these limits are not considered to be a medical expense:

Attained age before the close of the taxable year

Maximum deduction

40 or younger

$350

41 to 50

$660

51 to 60

$1,310

61 to 70

$3,500

Over 70

$4,370

Medicare Premiums, Deductibles and Copayments:

(Source: Medicare Premiums and Deductibles for 2012 - CMS Fact Sheet )

Medicare Part A

Medicare Part A deductible: $1,156 (covers up to 60 days of Medicare-covered inpatient hospital care in a benefit period)
Hospital co-payment for hospital stay days 61-90: $289 / day
Hospital co-payment for hospital stay days 91 and beyond: $578 / day

Medicare Short-Term Rehab

Skilled nursing / short-term rehab facility co-payment, days 21-100: $144.50 / day

Medicare Part B

Part B deductible: $140
Basic Part B premium: $99.90 per month for most people (but higher for people with higher annual income -- see below)
Part B Premiums for higher-income beneficiaries:  If a beneficiary’s “modified adjusted gross income” is greater than the legislated threshold amounts ($85,000 in 2012 for a beneficiary filing an individual income tax return or married and filing a separate return, and $170,000 for a beneficiary filing a joint tax return) the beneficiary will pay a higher monthly Part B Premium.  The 2012 Part B monthly premiums  to be paid by beneficiaries who file an individual tax return (including those who are single, head of household, qualifying widow(er) with dependent child, or married filing separately who lived apart from their spouse for the entire taxable year), or who file a joint tax return are shown in the following table:

Beneficiaries who file an individual tax return with income:

Beneficiaries who file a joint tax return with income:

Total monthly premium amount

Less than or equal to $85,000

Less than or equal to $170,000

$99.90

Greater than $85,000 and less than or equal to $107,000

Greater than $170,000 and less than or equal to $214,000

$139.90

Greater than $107,000 and less than or equal to $160,000

Greater than $214,000 and less than or equal to $320,000

$199.80

Greater than $160,000 and less than or equal to $214,000

Greater than $320,000 and less than or equal to $428,000

$259.70

Greater than $214,000

Greater than $428,000

$319.70

The monthly premiums  to be paid by beneficiaries who are married, but file a separate return from their spouse and lived with their spouse at any time during the taxable year are as follows:

Beneficiaries who are married but file a separate tax return from their spouse:

Total monthly premium amount

Less than or equal to $85,000

$99.90

Greater than $85,000 and less than or equal to $129,000

$259.70

Greater than $129,000

$319.70


Medicare Part D

Average 2012 Part D premium for Basic Coverage: $30
Average 2012 Part D premium for Supplemental Coverage: $8

Social Security

(Source:  2012 Social Security Changes Fact Sheet)

Cost of Living Increase: 3.6 percent
Average Monthly Social Security Benefit Payable for All Retired Workers:  $1,229
Maximum Monthly Social Security Benefit Payable for Worker Retiring at Full Retirement Age:  $2,513 
Maximum Taxable Earnings:  $110,100

Social Security Disability (SSD)

Substantial Gainful Activity (SGA) Limit (Non-Blind Individual): 1,010 / month
Substantial Gainful Activity (SGA) Limit (Blind Individual): 1,690 / month
Trial Work Period:  $720 / month

Supplemental Security Income (SSI)

SSI Resource Limits (Individual):  $2,000
SSI Resource Limits (Couple):  $3,000
Federal Payment Standard (Individual):  $698 / month
Federal Payment Standard (Couple):  $1,048 / month