Fausone, Bohn, LLP Honored as a Tier 1 Law Firm

U.S. News’ prestigious Best Lawyers’ “Best Law Firms” has recently named Fausone Bohn, LLP to its 2014 Tier 1 rankings of Michigan law firms. Best Lawyers is the oldest peer-review publication in the legal profession, and today they rank more than 10,000 firms in 118 practice areas in 170 metropolitan areas and 8 states.

To be eligible to participate in the “Best Law Firms” submission process, a firm must have at least one attorney who has received high enough peer-review to be listed in the current edition of Best Lawyers. Firms are eligible in the practice area(s) and metro region(s) in which they have listed lawyers.

Firm partners, Jim Fausone and Paul Bohn, represent Fausone Bohn, LLP on this list. Mr. Fausone concentrates his practice in business matters, municipal representation, veterans’ disability law and environmental regulation. Mr. Bohn is a leading practitioner in urban redevelopment, development incentives, wetland and shoreline permitting and municipal law.

The Firm, which started over fifteen years ago helping business clients, has evolved into a full service law firm advising business, municipal and individual clients.  Its fourteen attorneys pride themselves on providing the highest level of individualized service.

Best Lawyers bestows the honor of Tier 1 ranking to only select firms after a survey of clients and peers has been conducted. For more than three decades, Best Lawyers lists have earned the respect of the profession, the media and the public as a reliable and unbiased source of legal referrals anywhere.

About U.S. News


U.S. News & World Report is a multi-platform publisher of news and analysis, which includes the digital-only U.S. News Weekly magazine, www.usnews.com and www.rankingsandreviews.com. Its “Best” series of consumer guides that include rankings of law firms, colleges, graduate schools, hospitals, mutual funds, health plans, and more.

About Best Lawyers


Best Lawyers® is the oldest and most respected peer-review publication in the legal profession. For over a quarter century, the company has helped lawyers and clients find legal counsel in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 17 million readers.

$4.15M Settlement Evidences Benefit of Reporting

Breeda O’Leary, Esq.

The U.S. Government (“Government”) and the State of Michigan (“State”) have reached an agreement in a False Claims Act case wherein the Defendants have agreed to pay $4.15M to the Government and State for fraudulent billings to Medicare and Medicaid.

   

The qui tam provisions of the False Claims Act allows an individual with knowledge of Medicare or Medicaid Fraud, referred to as the “relator,” to file a lawsuit on behalf of the Government against those committing the fraud.  The Government is then provided notice of the lawsuit and is given the option to intervene as Plaintiff in the suit.  If the Government obtains a judgment or settlement in the suit, the relator is provided a percentage of the amount collected.

      

In the instant case, it was alleged that the Defendants, Dr. Jashu R. Patel and other Jackson Cardiology Associates physicians, performed unnecessary cardiac procedures at Allegiance Health’s W.A. Foote Hospital in Jackson, also a Defendant in the case.  Medicare and Medicaid were billed for these procedures.  Dr. Julie A. Kovich, a former independent contractor at Jackson Cardiology Associates, filed suit as the relator in this case.  While Dr. Kovich faces the possibility of being ostracized by her peers, she will receive approximately $764,700.00 as the relator. 

 

If you or anyone you know has specific knowledge of fraudulent billing to Medicare or Medicaid, or is facing criminal or civil liability concerning an alleged fraud, contact the experienced and professional fraud team at Fausone Bohn, LLP for sound legal advice.  Contact us at (248) 380-0000 or online at www.MichiganFraudLawyer.com.

To read the article about the deficiencies in Medicare’s new accounting system, please visit:  http://www.justice.gov/usao/mie/news/2013/2013_7_10_jpatel_HCF.html

Veterans Benefits for Same Sex Couples

Kristina Derro, Esq.

 

Just two years ago, gay and lesbian individuals were prevented from serving openly in the military.  Now, same sex spouses of these veterans and service members will be able to share in their government benefits.

In a recent decision, the United States Supreme Court invalidated a portion of the Defense of Marriage Act which denied federal benefits to same sex couples married legally in their states.  This law has a large impact on the same sex spouses of veterans – they will now be able to get help with college tuition, can be buried in a national cemetery, and may be eligible for other financial spousal benefits.  Additionally, these spouses will now be able to receive indemnity pay for the death of a spouse in the military.

President Obama has directed Attorney General Eric Holder to work with cabinet members to ensure that these benefit changes are implemented swiftly and smoothly.  Congress may need to amend the statutes governing VA benefits.  Currently, the statutes don’t recognize a same sex marriage between two residents of a state that hasn’t legalized same sex marriage – even if that couple was married in a state that has.  Legislation to correct this has already been introduced into Congress.

The implementation of these new benefits for same sex couples will make a significant financial difference for many of these veterans.  For instance, a veteran considered 100% disabled is eligible for compensation amounting to $2,816 per month.  However, if that veteran has a spouse, they may receive $2,973 per month – a difference of $1,900 annually.

If you have questions about veteran benefits, contact Legal Help For Veterans at 800-693-4800 or on the web at www.legalhelpforveterans.com. 

 

To learn more about the impact the Supreme Court’s DOMA ruling has on veteran benefits, please visit: http://www.huffingtonpost.com/2013/06/28/gay-veterans-supreme-court_n_3515999.html. 

 

Sexual Abuse in the Military – a Costly Problem

Brigadier General Carol Ann Fausone (ret.)
 

The failure to address sexual assault in the military is costing the U.S. billions of dollars per year.

A new study released from the RAND Corporation calculated costs of medical and mental health services that victims of these assaults seek after an incident, as well as other “intangible” costs.  All told, the study believes that these costs reached $3.6 billion last year.

These findings add to a growing sense of urgency surrounding this important problem.  Reports of these incidents have spiked 35% since 2010.  Astoundingly, as many as 26,000 members of the military were sexually assaulted last year.

Currently, military sexual assaults are dealt with through the chain of command.  However, this can result in retaliation from co-workers and might discourage victims from coming forward.  In an attempt to combat this, the U.S. House of Representatives has recently passed a provision providing whistleblower protection to victims of these assaults. 

Additionally, some senators have proposed an amendment taking this process out of the chain of command entirely by creating special military prosecutors in charge of these investigations.

One thing is for sure – all necessary measures need to be taken to stop this atrocious conduct.  It is our duty to protect those who protect us.

If you have questions about this topic or other veteran issues, contact Legal Help For Veterans, a practice group of Fausone Bohn, LLP, at 800.693.4800 or online at www.legalhelpforveterans.com. 

Annual National Veterans Wheelchair Games Welcomed More Than 500 Athletes

More than 500 military veterans participated this July in the National Veterans Wheelchair Games. The annual multi-event program features vets who compete in sports events using wheelchairs due to amputations, neurological issues or spinal cord injuries.  Approximately 25 percent of the competitors competed for the first time. The games promote both national and world-class sports champions and also allow newly-disabled vets to meet and socialize with other wheelchair athletes and get introduced to other wheelchair sports competitions.

"Events like the National Veterans Wheelchair Games are a not only a good time for vets to get together and compete," commented veteran disability attorney James Fausone, "They are also great opportunity to show the public how capable and active so many disabled vets are. We are still facing an uphill battle when it comes to disabled veterans and underemployment, and in seeing them fully integrated in the media when it comes to civilian life."

Athletes are placed in competition in the events ranked with those of similar athletic abilities, age and/or competition experience. Events include archery, air guns, field events, bowling, basketball, hand-cycling, power soccer, slalom, quad rugby, swimming, softball, track, weightlifting and more. The Games are overseen by Paralyzed Veterans of America and the Department of Veterans Affairs, funded in part by civic and corporate sponsors as well as veteran service organizations. The Games are also backed by more than 3,000 local volunteers, many of whom return every year to assist in everything from transportation assistance to ticket taking, water distribution, meals and crowd control.

 

In tandem with the National Veterans Wheelchair Games was the annual Kids Day event. Now in its 14^th year, the Kids Day event offers local children with physical disabilities the opportunity to try adaptive sports activities. Kids Day is designed to promote active and fun activities as well as teamwork and determination to children with physical disabilities. Participating children are traditionally presenting with participating medals by veteran athlete mentors at the conclusion of the Kids Day events.

The Games first began in 1981 in the Tampa, Florida area. Thousands of disabled veterans have participated over the past 33 years in the events designed to support sports, competition and camaraderie among the nation's military.

Source

http://www.va.gov/health/NewsFeatures/2013/July/600-Veterans-to-Seize-the-Day-in-Tampa-Bay.asp

The Truth of How Long it Takes

Brig. General Carol Ann Fausone (ret)

 

In the last year, I have spoken to VA representatives over 600 times for clients of the firm.  I am asked to call on files where the VA process seems stalled for our clients.  The reason for the stalled claim process varies in each case.  I have to call ROs all over the country.  By and large, the VA employees that I talk to are hard working and dedicated but overwhelmed.  I recently spoke to a RO coordinator that told me they are working on late 2009 and 2010 claims.  Even remands from the Board are taking 3 years.  I know our clients are frustrated and some people will tell you they can move the claim faster, but it is not true.  If you want the truth, it is what I hear from talking to VA every day.  Do not get so frustrated you do something silly like dismissing your claim that has been pending for 2.5 years and starting over because you think it will go faster.   It won’t and all you did was give up the back pay award to which you are entitled.  We will keep marching forward together.

 

If you are waiting on your claim to be decided, even if it’s on remand, the old rule of 1 year has stretched to 3 years.  That is just the truth of the matter at many ROs. 

VA Backlog Initiative To Process Oldest Veteran Benefit Claims

The Department of Veterans Affairs has announced that it is launching a compensation claims initiative for vets who have been waiting for one year or more.

Claims raters working with the VA have been combing through the oldest claims in the system to allow those vets to get their benefits, if eligible. The Veterans Administration has announced that vets who are waiting for their claim to be processed are able to submit additional materials as evidence up to one full year after their provisional rating and prior to the VA issuing its final decision on their claim. Provisional decisions are intended to provide vets with their benefits faster and also will allow them the safety of an additional year to submit additional evidence if necessary. Those cases will be "fast-traced," said the Undersecretary for Benefits, Allison Hickey.

 

In tandem with this initiative, VA has announced that it still intends to prioritize the benefits claims of veterans who are homeless as well as the benefits claims for former prisoners of war, terminally ill vets, vets who claim financial hardship, and recipients of the Medal of Honor.

Decisions on benefit claims will be predicated on the evidence submitted, if needed, medical exams will be ordered and processed expeditiously. If an increase of a benefit is determined after additional evidence is submitted, those benefit payment will be paid retroactively to the initial claim file date.

This new initiative is also designed to allow a vet to appeal a decision, including lower benefits than expected, a denial of claim or another issue. The vet will have one full year to submit additional evidence, after which, the VBA will contact the vet to inform them that their rating has been determined and will provide standard appeal information. 

The plan is that, as the oldest claims are processed, the average claim competition time through the VA's system will improve and the average number of days a claim is in the benefits inventory will dramatically decrease.

During the pending phase of compensation claims, vets who are eligible can receive their healthcare benefits from the VA. Vets from recent conflicts are currently eligible for as many as five years of VA healthcare for free. More than 55 percent of vets who have returned from Iraq and Afghanistan are now using VA health care.

Wounded Warrior claims, meanwhile, are continuing to be processed separately with Department of Defense via the Integrated Disability Evaluation System (IDES). Vets designated as "Wounded Warriors" are receiving their VA compensation benefits just 61 days, on average, after separating from military service.