Las Vegas Review-Journal

SENIORS CITE HEALTH COSTS IN MAJORITY OF BANKRUPTCI­ES

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but for older Americans it “is too little too late,” the study says. “By the time they file, their wealth has vanished and they simply do not have enough years to get back on their feet.”

The data gathered by the researcher­s is stark. From February 2013 to November 2016, there were 3.6 bankruptcy filers per 1,000 people 65 to 74; in 1991, there were 1.2.

Not only are more older people seeking relief through bankruptcy, but they also represent a widening slice of all filers: 12.2 percent of filers are now 65 or older, up from 2.1 percent in 1991.

The jump is so pronounced, the study says, that the aging of the baby boom generation cannot explain it.

Although the actual number of older people filing for bankruptcy was relatively small — about 100,000 a year during the period in question — the researcher­s said it signaled that there were many more people in financial distress.

“The people who show up in bankruptcy are always the tip of the iceberg,” said Robert M. Lawless, a law professor at the University of Illinois and another author of the study.

The next generation nearing retirement age is also filing for bankruptcy in greater numbers, and the average age of filers is rising, the study found.

Given the rate of increase, Thorne said, “the only explanatio­n that makes any sense are structural shifts.”

Mcleod said she had managed to get by for a while after separating from her husband several years ago. Eventually, though, she struggled to make ends meet on her income alone, and she fell behind on her mortgage payments.

She collects a small Social Security check and works at an adult day care center for people with intellectu­al disabiliti­es and mental health problems. For $8.75 an hour, she makes sure clients participat­e in daily activities, calms them when they are irritated and tries to understand what they need when they have trouble expressing themselves.

“When I moved here from Los Angeles, I was wondering why all of these older people were working in convenienc­e stores and fast-food restaurant­s,” she said. “It’s because they don’t make enough in retirement to support themselves.”

Mcleod said she hoped that filing for bankruptcy would help her catch up on her mortgage so she could stay in her home. “I am too old to move out of here,” she said. “I am trying to stay stable.”

The bankruptcy project is a long-running effort now led by Thorne; Lawless; Pamela Foohey, a law professor at Indiana University; and Katherine Porter, a law professor at the University of California, Irvine. The project — which is financed by their universiti­es — collects and analyzes court records on a continuing basis and follows up with written questionna­ires.

Their latest study —which was posted online Sunday and has been submitted to an academic journal for peer review — is based on a sample of personal bankruptcy cases and questionna­ires completed by 895 filers ages 19 to 92.

The questionna­ire asked filers what led them to seek bankruptcy protection. Much like the broader population, people 65 and older usually cited multiple factors. About three in five said unmanageab­le medical expenses played a role. A little more than two-thirds cited a drop in income. Nearly three-quarters put some blame on hounding by debt collectors.

The study does not delve into those underlying factors, but separate data provides some insight. The median household led by someone 65 or older had liquid savings of $60,600 in 2016, according to the Employee Benefit Research Institute, whereas the bottom 25 percent of households had saved at most $3,260.

That does not provide much of a financial cushion for a catastroph­ic health problem. Older Americans typically turn to Medicare to pay their medical bills. But gaps in coverage, high premiums and requiremen­ts that patients shoulder some costs force many lower-income beneficiar­ies to spend more of their own income on those bills, the Kaiser Family Foundation found.

By 2013, the average Medicare beneficiar­y’s out-of-pocket spending on health care consumed 41 percent of the average Social Security check, according to Kaiser, which also estimated that the figure would rise.

More people are also entering their later years carrying debt. For many of them, at least some of the debt is a mortgage — roughly 41 percent in 2016, compared with 21 percent in 1989, according to an Urban Institute analysis.

And those who are carrying debt into retirement are carrying more than members of earlier generation­s, an analysis by the Employee Benefit Research Institute found.

Perhaps not surprising­ly, the lowest-income households led by individual­s 55 or older carry the highest debt loads relative to their income. More than 13 percent of such households face debt payments that equal more than 40 percent of their income, nearly double the percentage of such families in 1991, the employee benefit institute found.

Older Americans’ finances are also being strained by the needs of those around them.

A little more than a third of the older filers who answered the researcher­s’ questionna­ire said that helping others, like children or older parents, had contribute­d to their seeking bankruptcy protection. Marc Stern, a bankruptcy lawyer in Seattle, said he had seen the phenomenon again and again.

Some parents, Stern said, had co-signed loans for $10,000 or $20,000 for adult children and suddenly could no longer afford them. “When you are living on $2,000 a month and that includes Social Security — and you have rent and savings are minuscule — it is extremely difficult to recover from something like that,” he said.

Others had co-signed their children’s student loans. “I never saw parents with student loans 20 or 30 years ago,” Stern said.

“It is not uncommon to see student loans of $100,000,” he added. “Then, you see parents who have guaranteed some of these loans. They are no longer working, and they have these student loans that are difficult if not impossible to pay or discharge in bankruptcy, and these are the kids’ loans.”

Keith Morris, chief executive of Elder Law of Michigan, which runs a legal hotline for older adults, said the prospect of bankruptcy was a regular topic for his callers.

“They worked all of their lives, and did what they were supposed to do,” he said, “and through circumstan­ces like a late-life divorce or a death of a spouse or having to raise grandkids have put them in a situation where they are not able to make the bills.”

For Lawrence Sedita, a 74-year-old former carpenter living in Las Vegas, the problems began when he lost his health insurance about two years ago. He said he had been on disability since 1991, when a double pack of 12-foot drywall fell on his head at work.

After his union, the New York City District Council of Carpenters, changed the eligibilit­y requiremen­ts for his medical, dental and prescripti­on drug insurance, he lost his coverage.

Sedita, who has Parkinson’s disease, said his medical expenses had risen exponentia­lly. (A spokesman for the union declined to comment.)

A medication that helps reduce the shaking — a Parkinson’s symptom — rose to $1,100 every three months from $70, Sedita said. “I haven’t taken my medicine in three months since I can’t afford it,” he added.

He said he and his wife, who has cancer, filed for bankruptcy in June after living off their credit cards for a time. Their financial difficulty, he said, “has drained everything out of me.”

 ?? KURT RUSSELL / NEW YORK TIMES NEWS SERVICE ??
KURT RUSSELL / NEW YORK TIMES NEWS SERVICE

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