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Key Elder Law Numbers for 2009

Last Updated: 1/5/2010

Below are figures for 2010 that are frequently used in the elder law practice, including the new Medicaid spousal impoverishment figures, the long-term care insurance deductibility limits, and Medicare premiums and co-pays, and Social Security Figures:

Medicaid Figures for 2009

Divestment Penalty Divisor

$ 6,654.00 - Northern Virginia (Arlington, Fairfax, Loudoun and Prince William Counties and the Cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas
Park.)
$ 4,954.00 - All Other
Individual Resource Allowance $ 2,000.00
Monthly Personal Needs Allowance $ 40.00
Minimum Community Spouse Resource Allowance $ 21,912.00
Maximum Community Spouse Resource Allowance $ 109,560.00
Minimum Monthly Maintenance Needs Allowance $ 1,821.25
Maximum Monthly Maintenance Needs Allowance $ 2,739.00
Shelter Standard $ 546.38
Standard Utility Allowance $ 141

Annual Gift Tax Exclusion: $13,000

The annual gift tax exclusion increased from $12,000 to $13,000 effective January 1, 2009.  There is no change for 2010, despite the Estate Tax repeal. 

Long-Term Care Premium Deductibility Limits for 2009

The Internal Revenue Service has announced the 2010 limitations on the deductibility of long-term care insurance premiums from taxes. 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 less

$330

More than 40 but not more than 50

$620

More than 50 but not more than 60

$1,230

More than 60 but not more than 70

$3,290

More than 70

$4,110

Benefits from per diem or indemnity policies, which pay a predetermined amount each day, are not included in income except amounts that exceed the beneficiary's total qualified long-term care expenses or $290 per day (for 2010), whichever is greater.

For more details, click here.

Medicare Premiums, Deductibles and Copayments for 2010

  • Basic Part B premium: $96.40/month (unchanged)

  • Part B deductible: $155 ($20 increase over 2009)

  • Part A deductible: $1,100 deductible for 2010 (increase of $32 from 2009)

  • Co-payment for hospital stay days 61-90: $275/day (was $267)

  • Co-payment for hospital stay days 91 and beyond: $534/day (was $512)

  • Skilled nursing facility co-payment, days 21-100: $137.50/day (was $133.50)

    Premiums for higher-income beneficiaries:

      The 2010 Part B monthly premium rates 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: 

      Beneficiaries who file an individual tax return with income:

      Beneficiaries who file a joint tax return with income:

      Income-related monthly adjustment amount

      Total monthly premium amount

      Less than  or equal to $85,000

      Less than or equal to $170,000

      $0.00

      $110.50

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

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

      $44.20

      $154.70

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

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

      $110.50

      $221.00

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

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

      $176.80

      $287.30

      Greater than $214,000

      Greater than $428,000

      $243.10

      $353.60

      In addition, the monthly premium rates 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: 

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

      Income-related monthly adjustment amount

      Total monthly premium amount

      Less than or equal to $85,000

      $0.00

      $110.50

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

      $176.80

      $287.30

      Greater than $129,000

      $243.10

      $353.60

      For more information, click here.

      Social Security Figures for 2010

               (Click here for SSA Press Release)
               (Click here for SSA Fact Sheet)

        • Cost of Living Increase: 0 percent

        • Estimated Average Monthly Social Security Benefit Payable in January 2009: $1,153

        • Maximum Taxable Earnings: $106,800 

          Retirement Earnings Test Exempt Amounts:

            • Under full retirement age: $14,160/yr.

            • The year an individual reaches full retirement age: $37,680/yr.

            SSI Federal Payment Standard:

              • Individual: $674/mo.
              • Couple: $1,011/mo.