Tis’ the Season to Get Ripped Off, if Your’re Not Careful

 

Published in Pawtucket Times on November 23, 2015 

             With just a little over 30 days left to Christmas, a newly released AARP Fraud Watch Network telephone poll finds that 70 percent of American consumers failed a quiz about how to protect themselves from common holiday scams.  Many of the survey’s respondents, age 18 and over, say they are regularly engaging in risky behaviors which could put them at risk of being victimized by con artists during the approaching holidays..

The 26-page report, “Beware the Grinch: Consumers at Risk of Being Scammed During the Holidays,” details AARP’s random polling results of consumers about their knowledge of the most common scams occurring before holidays, including those related to charitable giving, gift cards, package deliveries, and use of public Wi-Fi.  Seventy percent of the respondents were only able to answer correctly four or fewer questions out of a total of seven questions

“While most of us focus on family and friends during the holidays, fraudsters are zeroing in on our wallets and bank accounts,” warns Nancy LeaMond, Chief Advocacy & Engagement Officer, AARP.  “We’re encouraging consumers to elevate their awareness of some emerging and popular scams, and to also share the information with their families to help keep them safe this holiday season,” she says.

Prompted by the dismal survey results, AARP’s Fraud Watch Network has launched an education campaign, including a new web page, www.aarp.org/money/scams-fraud/fraud-watch-network, specifically designed to educate the public about the top five holiday scams:

Charitable Giving

According to the National Philanthropic Trust, in 2015 Americans gave $358 billion dollars to charity.  Government officials who regulate nonprofit charities and fundraisers say that while most charities are legitimate, there are many fundraisers, especially telemarketers, who keep 85-90% of the money they raise.

AARP’s survey finds that 70 percent of the respondents who donated to a charity or fundraiser in the past 12 months did so without even asking any questions about how that donation would be spent, and 60 percent made donations without verifying that the charity groups were legally authorized to raise money in their state. .

The pollsters say that about a third of the respondents admitted that they don’t know (15%) or aren’t sure (18%) that, in most states, professional fundraisers must be registered with the government and report how much funds they raise and how much goes to the charitable purpose.  Less than one in ten (8%) could correctly name the government agency they should contact to verify the legitimacy of the charity or fundraiser (the correct answer: Office of the State Secretary).

Gift Cards

Fraud experts warn that scammers sometimes hit store gift card racks, secretly write down or electronically scan the numbers off the cards, then check online or call the toll-free number to see if someone has bought the cards and activated them. As soon as a card is active, the scammers drain the funds.

Fifty-eight percent of AARP’s survey respondents say they plan to buy gift cards from a rack at a big box store, pharmacy or grocery store this holiday season for gifts.  Only 54 percent knew that the gift cards purchased from a gift card rack at retail stores are “not safe” from hackers or thieves than gift cards purchased online.

Pull Out that Credit Card

The AARP survey findings note that almost two-thirds of the holiday shoppers surveyed (64%) say they will buy holiday gifts this year using a debit card.  Consumer protection experts advise using credit cards rather than debit cards for most purchases, to better protect the buyer from fraud and theft.  With credit cards, you are financially liable for only up to $50 of fraudulent use.  But with a lost or stolen debit card, the scam can be more costly and hit you hard in your pocketbook

Surf Safely on Public Wi-Fi

The survey findings found that holiday shoppers incorrectly believe that it is safe to access “sensitive” financial information via a free Wi-Fi network.   About 52 percent of internet users in this survey say they will use free public Wi-Fi in making purchases or to do their banking.  Many of them, while using public Wi-Fi, will make purchases (42%), access their bank accounts (28%), and check their credit card accounts (16%).

Package Signoffs Reduce Scams

The AARP survey findings indicate that over 40 percent of holiday shoppers are unaware that package delivery companies are not responsible for stolen packages that are left at your front door without requiring a delivery signature.  Seventy nine percent of the respondents claim that they ship packages to friends without requiring a signature at least some of the time. Seventy-three percent indicate that they have received home deliveries without having to provide a signature “some” or “all of the time.”

AARP Fraud Watch Protects Consumers

In Rhode Island, AARP has deployed a corps of volunteers who travel around the Ocean State, with a presentation introducing the Fraud Watch Network and offering attendees free copies of “The Con Artist’s Playbook, a brochure written by former con artists, revealing their techniques they use to steal identities. Fraud Watch was AARP’s central theme at last summer’s tournament week at the Newport-based International Tennis Hall of Fame and volunteers were enrolling people as recently as last week at a Providence Bruins game. To date, more than 1,200 Rhode Islanders have signed up for the free fraud alert this year.

“Con artists think they can bully people into forking over their hard-earned money,” AARP Rhode Island State Director Kathleen Connell said. “That’s why today, we’re turning the tables on them and arming Rhode Islanders with the information they need. This require constant vigilance, and the upcoming holiday season is a time when con artists up their game,” she says.

Connell notes that groups of a dozen or more can request a Fraud Watch presentation by calling the AARP state office at 401-248-2671. In 2016, AARP wants to train more volunteers to present Fraud Watch in their communities and to point people to AARP resources designed to combat fraud.

People are more aware of telephone and online scams than ever before,” Connell said. “But the con artists manage to keep one step ahead, inventing new and disarming ways to punch people’s emotional buttons and lead them to a place where they make bad and sometime terribly costly decisions.”

Attorney General Peter F. Kilmartin whose office works to alerts and educate consumers about the latest scams making their way through Rhode Island noted that despite the news of increased scams during the holidays, a little perspective is important, “the true meaning of Christmas is about celebrating family and friends and being thankful for what we have.”

 

New Budget Deal Protects Seniors’ Pocketbooks

Published in Woonsocket Call on November 1, 2015

Just days after a Republican-controlled House passed legislation with a vote of 266-167 to prevent the U.S. government from going into default on its debt obligations on Nov. 3, also averting a potential federal government shutdown next month, on Friday, Oct.30, the Republican-led upper chamber followed suit.  Just after 3:00 a.m., the Senate voted 64-35 to approve a two-year bipartisan budget plan sending the bill to President Obama for his signature.

Before Friday’s Senate vote, on Thursday afternoon GOP Presidential contender Sen. Rand Paul (R-Ky.)’s 20 minute filibuster fizzled, with Senate leadership moving forward for the budget bills consideration.  The measure had strong support for passage.  Retiring House GOP Speaker John Boehner with Congressional leaders from both political parties and President Barack Obama pulled together, putting aside differences, to craft the bill.

.           Before the companion legislation was taken up by the House and Senate, in a statement AARP CEO Jo Ann Jenkins, representing 38 million baby boomers and seniors, called on Congressional leaders and their members to support the bipartisan agreement, one that financially protect older Americans.   Jenkins detailed a number of provisions within the 144 page bill that would “reduce skyrocketing Medicare Part B premiums and alleviate the challenges faced by the Social Security Disability Insurance (SSDI) Trust Fund.”

Rhode Island Lawmakers Give Thumbs Up

U.S. Senator Jack Reed (D-RI), called the bipartisan budget agreement “a credible compromise,” noting that “It is only a two-year patch, but it puts us on a much better path forward.   Reed, who sits on the powerful Appropriations Committee, called on the House and Senate Appropriations committees to “quickly reach consensus and produce a detailed omnibus spending package by the Dec. 11 deadline.”

“This budget deal will provide much-need relief from harmful sequester cuts and give the nation a measure of certainly we have lacked amid the patchwork of stop-gap spending bills in recent years,” added U.S. Senator Sheldon Whitehouse (D-RI).

Whitehouse noted the bipartisan budget deal provides “much-needed relief from harmful sequester cuts and gives the nation a measure of certainty it has “lacked amid the patchwork of stop-gap spending bills passed in recent years.”

With 37,000 Rhode Islander’s relying on the SSDI program it was easy for Representative David Cicilline (D-RI) to support the bipartisan compromise budget plan because it “prevents a 20 percent cut to SSDI benefits and extends the solvency of this critical program an additional seven years, as well as protecting thousands of Rhode Island seniors from an increase in their Medicare premiums.”

“We need to do more to protect Social Security benefits for seniors, ensure cost-of-living adjustments are calculated in a way that accounts for their needs, and lift the cap on payroll taxes so millionaires and billionaires pay their fair share,” said Rhode Island’s Democratic Congressman.

On the side line, aging advocates were also closely watching the action in both chambers, too.  “We are glad that the Budget passed by Congress this week lets people who rely on Medicare breathe a bit easier – knowing their premiums and deducible will not skyrocket next year,” said Judith Stein, founder and executive director of the Center for Medicare Advocacy. “However, we still have concerns about the way in which the Part B cost-sharing resolution is paid for, and concerns about the expenses underlying the original Part B increases.”

“The Center continues to urge law-makers to join Congressman Courtney (CT-2) in asking Secretary Burwell to investigate and fix the underlying reasons for the huge increase in Part B costs,” said Stein. “Much of the increase seems to come from parallel increases in billing inpatient hospital care to Part B – which was never meant to pay for such care – through the use of so-called ‘outpatient’ Observation Status.”

Older Americans Protected by Enacted Budget Plan

The Bipartisan Budget Act of 2015 would raise the nation’s debt ceiling through March 2017, allowing the government to borrow to pay its debt. During these two years it allow Congressional lawmakers to lift budget caps for defense and domestic programs by $80 billion.

The passed budget plan derails a 52 percent Medicare Part B premium increase to 30 percent of beneficiaries, which would have hit millions of seniors in their wallets next year. Similarly, the deductible was projected to increase for these individuals to $223 next year.  But thanks to the budget agreement passed this week, the deductible will instead have a more modest increase from the current amount of $147 to approximately $167.

A general fund loan to the Medicare trust fund lessens the premium and deducible increases. Beneficiaries will repay this loan by a $3 per month premium surcharge over a five-year period.

According to the enacted budget plan, next year, only the 30 percent of the beneficiaries hit by the premium increase would pay this $3 premium surcharge.  In 2017 and beyond, all Medicare beneficiaries not subject to the hold harmless provision in a given year would pay a $3 monthly surcharge theoretically until the general fund loan is repaid..

The federal Centers for Medicare and Medicaid Services is expected to announce final premiums for 2016 by the beginning of November.

Keeping SSDI Afloat

The enacted budget plan also prevents a 20 percent cut in Social Security Disability Insurance (SSDI) benefits that would have occurred in late 2016 impacting 11 million recipients nationwide.  The enacted law now ensures at least 7 years of certainty that SSDI will pay full benefits.  Now, the passed budget measure “reallocates” a small percentage of the Social Security payroll tax to the SSDI program.  This has occurred 11 times.  But, GOP lawmakers have blocked recent efforts to transfer funds as a bargaining chip to force Congress and the Obama Administration to make cuts to Social Security benefits.

The new law would also tightens up the SSDI review process by requiring a physician or psychologist to review applications before a decision is made.  It ensures that application reviews are uniform nationally.  Finally, it requires the Social Security Administration to reject medical evidence presented in a disability application that was provided by “unlicensed” or “unsanctioned” physicians.

It also attacks Social Security fraud and abuse by providing additional funding to contact case reviews ensuring the applicants are entitled to the benefits, improves the fraud-fighting capacity of the SSA’s Office of Inspector General and increases penalties for those physicians, lawyers, translators who perpetuate fraud.

Finally, the bipartisan budget agreement closes loopholes in the current SSA law that allows higher-income recipients to exploit the rules for applying for benefits, with the goal of receiving large pension checks than Congress intended, and which most retirees are able to receive.

The savings made in the Social Security and SSDI programs remain in the Social Security trust funds and can only be used to pay for future benefits.

With Representative Paul D. Ryan now becoming the 62nd speaker of the House, the nation waits to see if the Wisconsin lawmaker has the special political skills to rein in the ultra-conservative wing of his party.  With only 374 days before the upcoming 2016  presidential and congressional elections America’s federal lawmakers must begin to work together to craft laws that will enhance the quality of life of the nation’s retirees.  Compromise is not a dirty word to those residing outside the Washington, DC beltway.  Gridlock is.

Make sure abuse of the elderly is no longer a ‘dirty little secret’

Published in Pawtucket Times on October 5, 2015 

Last September, 86-year-old Martha Smith (not her real name) woke up in the middle of the night to a loud noises coming from the first floor of her East Bay apartment. When she went to investigate the commotion, she found her granddaughter in the kitchen. When Martha asked her granddaughter what was going on, the young woman started to verbally and physically abuse her. At one point, she even tried to suffocate Martha with a pillow.

Martha’s other granddaughter came to her aid, only to be assaulted as well. When the police arrived after Martha had tried to call 911, the phone had been ripped out of her hand by her abusive granddaughter, but they heard Martha’s screams of help coming from the house.

According to the Rhode Island Attorney General’s Office, the granddaughter was arrested and is now awaiting trial.

We grow up being taught to respect our elders. But, it seems these lessons are not learned or even followed. Martha’s abuse by her granddaughter is a sad tale, but it happens all too often to our nation’s elderly.

Elder Abuse Growing The National Committee for the Prevention of Elder Abuse defines domestic violence on elders as “an escalating pattern of violence or intimidation by an intimate partner, which is used to gain power and control.” And the perpetrator of the violence is not always a spouse, but more often than not it is a family member, as was the case with

Herb Weiss Martha Smith. Victims may be fearful to report the abuse to doctors or law enforcement for fear of the violence escalating, or because the victim relies on the abuser or their family for caregiving.

The National Center on Elder Abuse has reported that during calendar year 2010, there were nearly six million reported cases of elder abuse, representing nearly 10 percent of that year’s elderly population. The Center acknowledged that it really have a handle as to how many people are suffering from elder abuse and neglect, either because signs of abuse and neglect are missed by professionals working with older persons, or because of a reluctance on the part of the abused person to file a report.

America’s “dirty little secret” is getting worse by the graying of America’s population. The numbers are growing – the 2010 United States census recorded the greatest number and proportion of people 65 and older in its counting history: 40.3 million or 13 percent of the population.

Attacking Elder Abuse in R.I. In Rhode Island, cases of domestic violence against older people are handled by specially trained prosecutors and victim advocates at the Office of Attorney General. And, there are special laws on the books that provide for enhanced criminal penalties for assault of a person of 60 years of age.

“We have specialized prosecution units for those who commit domestic violence against older people,” said Attorney General Peter Kilmartin. “The dedicated prosecutors, victims advocates and support staff in our Domestic Violence and Sexual Assault Unit and Elder Abuse Unit deal with these cases each and every day, working to bring justice for victims while minimizing their emotional trauma. Our domestic violence and elder abuse prosecutors and victim advocates are all specially trained to handle the highly sensitive details of domestic violence cases, which are often extremely emotionally charged,” he notes.

In 2014, the General Assembly passed legislation that allows the release of patient records for investigation and prosecution of physical assault on an older person if a health care provider believes, after providing services to the elder patient, is or has been physically, psychologically or sexually abused.

“Due to the nature of elder abuse crimes, time is of the essence. The victims in these cases are often vulnerable and face a myriad of health challenges, thus making a timely investigation more critical to ensure the victim’s availability to participate in the investigation and prosecution” added Kilmartin. “Moreover, the perpetrator of elder abuse is most often known to the victim, making it less likely for the victim to report,” he says.

AARP Tackles Elder Abuse Across the United States “Abuse of older Americans, whether it be physical or financial, is unconscionable. That’s why AARP is fighting in states across the nation for new laws to crack down on abuse and financial exploitation and strengthen protections for victims so all Americans can live with dignity and independence as they age,” says AARP Executive Vice President Nancy LeaMond.

AARP national staff, state chapters and volunteers are in the trenches fighting against elder abuse and exploitation. According the nation’s largest aging advocacy group, adequate funding must be given to preserve and strengthen the states adult protection services agencies. These agencies investigate complaints about abuse, neglect and exploitation of adults who are unable to care for themselves or make decisions due to mental or physical impairment, illness or a crisis in their lives.

In 2014, AARP advocated for increased funding and to ward off efforts to cut funding for the agencies in five states: Arizona, Ohio, Oregon, Utah and Wyoming.

AARP also calls for better prevention and detection of financial exploitation of the nation’s elderly. While states legislatures look at different ways to addressing this issue, many create task forces, even enact new legislation to address this abuse. According to the Washington, D.C. based nonprofit, last year, seven states enacted bills to protect their older residents against abuse and exploitation: Florida, Kansas, Massachusetts, New Hampshire, Oregon, Virginia and here in Rhode Island.

In 2014, the General Assembly passed a law supported by AARP Rhode Island that extended the statute of limitations for cases of financial crime against the elderly from three years to 10 years.

Meanwhile, both Iowa and West Virginia adopted legislation last year to increase criminal and civil penalties against perpetrators of financial exploitation and to update the definition of financial exploitation.

Finally, uniform laws focused on adult guardianship and power of attorney not only support those who provide caregiving across state lines, but also create processes to help protect older people against abuse and exploitation. Six states, including Rhode Island, passed uniform adult guardianship or power of attorney laws in 2014, and this year additional states have already introduced legislation. Abuse at Any Age No matter a victim’s age, domestic violence and abuse is about the perpetrator trying to gain power and control over their victim. Domestic violence against older people can include physical, psychological, sexual and economic abuse, stalking, and tactics meant to isolate the victim from other people and supportive services October is Domestic Violence Awareness Month, and the statistics are alarming. According to the National Resource Center on Domestic Violence, 24 people per minute are victims of physical violence, rape or stalking by an intimate partner in the United States. One in four women, and one in seven men, will be a victim of domestic violence at some point in their lifetime. On average, three women are killed every day at the hands of a current or former intimate partner. Being in Rhode Island, with statistics like that, chances are you know someone who has been abused.

Help is available. In 2014, over 400 senior Rhode Islanders received domestic violence victim services from the Rhode Island Coalition Against Domestic Violence (RICADV)’s six member agencies. The RICADV’s member agencies provide a wide array of services for victims, including hotline support, emergency shelter, support groups, counseling services, and assistance with the legal system.

In addition, specialized shelter and other services are available for older victims of domestic violence through a partnership between the RICADV and the Saint Elizabeth Community. For more information about these organizations and services, call the statewide Helpline at 800-494-8100. If you hear or see someone being hurt, call 911 immediately.