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Now that the Vet's social security income is gone, my wages as a live in caregiver have been cut in half. I cannot continue to work for under minimum wage. The surviving spouse is a 94 year old woman with dementia, who has lived in the same house for 70 years, it would be nice if she could live the rest of her life here in a familiar environment.

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Just read ur profile. At this point you are a slave. No one should be asked to do this. If their is no family, you need to get Office of the aging and APS involved. If family, they need to realize that they cannot treat you like this. I know, may mean your job one way or the other but u cannot keep up this pace.
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Reply to JoAnn29
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That is really a question for the VA. Was he receiving VA aid and attendance prior to his death?
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EstelleS May 6, 2019
No no he never applied for benefits POA for the family has told me they have applied for long-term care for this elderly ladies his mom and that I needed to stay here until it went through well from what I know the VA takes a long time for benefits to process and I have news for this family I do not have to stay here I am not a Slave and I should be given days off it's like I almost have to start a civil lawsuit against his family if I want to get my pay and you paid fairly
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Is there family involved. Do you have a contract in place. Do taxes and SS get taken out? If you are doing everything on the up and up, then you need to be paid at least minimum wage and working decent hours. Getting paid overtime.

You should have a VA office in your Counties Capital. Call them and ask. If Vet was getting A&A the surviving spouse should be able to continue but at a reduction as single. The problem arises, that the family will have to apply for her. If no family, then you may need to call in Office of Aging. Did the woman see SS after her husbands death because what she getting now will increase (if he made more) since he is gone. It may double. With me, I get 800 half of my husbands 1600. If he passes, I will basically get half of his,too. Totally $1600. But this has to be applied for, its not automatic.

Hopefully, someone has POA. Makes it a lot easier to do things.

If they never had A&A she can apply for it as long as he served during Wartime.
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EstelleS May 6, 2019
Yes yes there is a POA and the family has basically disconnected from her since he passed on they don't come over and visit it was a total hassle just to get part of my pay that is owed to me the other day I'm told constantly there is no money and I don't understand how they think I can continue to work like this and not get paid and work like this they owe me an excess of $1,400 which is money I need to move and get out of the situation get into an apartment because when I leave if they don't pay me I'm jobless homeless and broke thank you for the information about social security so I feel like they have been lying to me because they did tell me they already applied for hers now that he's gone so she should be getting hers which was half as much plus half of his and they tried to tell me that's why they deducted my pay so much and he never applied for VA benefits they told me they were trying to get into long-term care for her and I had to stay here until it was processed no I don't I have news for them I don't have to stay and not get paid
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What you are doing is not legal.
You HAVE to have time off
You can not work 24/7/365 without a break.
There needs to be some type of contract. I can not tell from your profile if there are any other family members that would be this woman's POA or Guardian. These are the people that would determine your pay, your hours.
If there in no family members responsible for this woman you should contact Adult Protective Services.
If you were initially working through an agency it might be a good idea to contact the agency. If you were working independently you might want to consider working through an agency so this does not happen again. You need time off, over time pay if you work over time, you need to have worker's comp provided in case something happens to you and you need to make sure all the hours that you have worked are credited to your Social Security records. Not even going to get into the taxes thing!
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Reply to Grandma1954
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EstelleS May 6, 2019
Ok, so I ask for a care contract when I accepted the position they never gave it to me working as an independent contractor is not a problem if you file a 1099 I know that everyone I have talked to says the same thing pretty much that you're telling me that it's illegal to work me like this but because I didn't get a care contract nothing in writing and they chose to deduct my pay cut it in half more than half after the husband died I have no legal recourse being an independent contractor the POA can be sued illegal suit civil suit but there's no agency that can help me and this is absolutely not against the law which is amazing I've contacted everyone the caregiver coalition for the state the labor board for both the state and federal I've talked to different attorneys I think three of them now and also I emailed Governor ducey's office but when it really boils down to it my choices are this I gave my apartment up to come work for this position so I have no place to live I can't make them pay me so I have money to go get a place and when I leave I'm homeless jobless and broke I guess lesson learned right
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I know, Labor board stinks. You are an adult being exploited. Try Adult protection services. They have left you in a position you can't get out of. You have no family you can turn to?
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