Veteran Support Center Michigan | Aid & Attendance Benefits

HOW TO APPLY FOR SENIOR VETERAN'S BENEFITS

5/29/2015

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Senior Veterans
Today there are many different routes and methods that are taken when applying for veterans benefits, specifically the Aid & Attendance benefit from VA. To find out more about what Aid & Attendance benefits are, visit our home page.


We believe that any process should be based on two pillars:

Making sure you qualify before the application is sent. We believe that you should fully understand the eligibility requirements before you start the application process.

Veterans service organizations and VA claims agents must submit your application for benefits because they have a duty to assist, whether or not you are qualified.


Simplifying the application process for the family applying. We recognize that you as a family member already have enough stress with caring for your loved one. Having to deal with filling out reams of paperwork is something that we take care of for you.

We will assist you with the necessary forms the VA requires for a ready-to-rate claim.

Our goal for you: We want to help simplify for you a complicated process.

With that being said, what is a typical scenario for Aid & Attendance?

Find out if you are qualified

The very first thing we need to make sure is that the veteran served during a “VA defined” wartime period. Here is the official dates.

The veteran would have had to have served at least 90 days of active duty and 1 day during one of these wartime periods:

wartime_periods
NOTE: For Vietnam veterans, if you served in country or the surrounding blue waters between February 28, 1961 and August 5, 1964, you can qualify based upon your active federal service as well.

Are You Requiring “Aid & Attendance”?

This is something that often confuses people we come into contact with. To be eligible to receive Aid & Attendance benefits, you must be receiving care on a regular basis. What kind of care?

The VA requires that the claimant (the person applying, whether it is the veteran or surviving spouses) be requiring help with activities of daily living (ADLs) on a regular basis.

These are medical services such as dressing, bathing, feeding, toileting, transferring, sitting, standing, prompting (reminding), personal hygiene, etc.

What the VA does not consider when evaluating a claim is things like laundry, housework, and meal preparation. These types of assistance do not fit the VA's definition of ADLs, or medical services.

Often we will speak with families who have an elderly loved one who is requiring assistance with house or yardwork, but is doing excellent with regards to their personal health and don't require these kinds of services described above.

While this is a good thing, it also means they are probably not entitled to benefits at this time. While they may not be eligible now, they may want to consider seeing if they need to pre-plan for the benefit. This will ensure they are financially ready when the need for the benefit arises.

Contact us via e-mail or call 866-667-9360 to discuss pre-planning.

Spending all your monthly income on care

If the veteran served during a wartime period, and is in need of personal care on a regular basis, the veteran or spouse needs to be spending all of their monthly income on that care.

If a couple makes $2,000 a month, they need to be spending at least $2,000 or more per month on their care costs.

Qualified medical expenses include an assisted living/care facility's monthly rent, home caregiver expenses, and out-of-pocket health insurance premiums (Medicare Part B, Blue Cross, Humana, etc.)

Other expenses such as taxes, utilities, groceries, etc. are not considered in the VA's formula for eligibility.

Asset limits

The Veteran's Administration also has asset limitations on how much the claimant is allowed to have. You are allowed to own a house and a car; those assets are not counted. Everyone's situation is different, and we recommend you contact our office more information.

What do I do next?

So to sum up, in order to qualify for benefits, the claimant must have:

  • served or been married to one who served during a “VA defined” wartime period
  • be in need of help with activities of daily living on a regular basis
  • be spending all of their monthly income on that care, and
  • meet the asset test

The first step in our process is to call our office to get some specific information from you. From there, we can determine whether or not you meet the qualifications. If you do, we can begin the application process.

Our goal is to be a support to families who are trying to navigate the maze of elder benefits from the VA. Our veterans and their spouses have earned these benefits, and we exist to help connect them with their rewards.

866-667-9360
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How the New VA Law Could Affect You

3/16/2015

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The following is a e-mail that was sent out by a VA claims agent in Michigan, Steve Dabbs. 

We would recommend that if you are going to comment on this proposed law as he suggests, that you use your own words and experiences to form your argument.   This is more effective than copying and pasting. 

The following is Dabbs letter:

We need your help! Stop the VA from making changes to Aid and Attendance benefits that will financially harm veterans and their families.

Please forward to everyone you can...

The Veterans Administration's Aid and Attendance Pension is a critical source of financial assistance for Veterans and their widowed spouses in need of expensive long-term care. Sadly, the Department of Veterans Affairs is proposing changes to regulations governing Aid and Attendance benefits. The proposed changes would make it more difficult to qualify for benefits and severely penalize those who make asset transfers incorrectly.

These changes include new evaluations of net worth, a three-year look back period for asset transfers and a penalty of up to 10 years for improper transfers. That is, if an eligible Veteran or widowed spouse improperly transfers assets within the three-year look back period, Aid and Attendance benefits could be denied for up to 10 years.

The VA would like to implement these changes as early as March 20.

You can tell the VA what you think about the changes by clicking on this link and submitting your concerns. Comments must be submitted by March 19th.


http://www.regulations.gov/#!documentDetail;D=VA-2015-VBA-0003-0001 

Or, you can simply cut and paste the sample comment below to the link.

The VA's stated policy is to "ensure that wartime veterans and their families receive the highest level of care possible while simultaneously being mindful of the interests of taxpayers. In fact, the proposed regulations are contrary to that policy because:

* Only Congress has authority to impose look-backs and penalties for transfers per statutory requirements.

* An administrative agency, when making permissible changes to regulations, must still follow the expressed intent of Congress and must not make changes that are arbitrary and capricious.

*Not allowing the Veteran or survivor the ability to pay for care by spreading their assets out over their life expectancy using an income annuity is both arbitrary and capricious.  Under Medicaid, this is allowed and it is unfair not to allow the same ability under the VA Pension, known as the Aid and Attendance program.  This favors someone with a Government Pension or Defined Benefit Pension Plan over an IRA/401K plan, because the Pension plan is a stream of income and the IRA/401K is considered to be a lump sum.  Therefore, the person with an IRA/401K is being treated unfairly over someone with a pension, because the person with an IRA/401K pension cannot convert it to a flow of income or private pension.

* The proposed changes, specifically in how the penalty divisor for transfers is calculated, would penalize widows almost twice as harshly as Veterans. This is unfair to widows and will result in forcing more widows directly onto Medicaid - costing taxpayers more.

* The proposed changes will eliminate the Veteran from choosing the least restrictive environment to receive care because independent living facilities will not be an option.

* The new regulations limit the amount a veteran or surviving spouse can pay for home care to a national "average." How can a veteran receive the "highest level of care" if VA will only count "average expenses" in order to attain eligibility? A veteran who pays for above average home care will not be eligible!

* The proposed changes would force a Veteran to sell his property if it exceeds 2 acres, seriously affecting our rural Veterans.

* If a surviving spouse has a disabled child, that surviving spouse cannot leave money for the child's care in a trust. A veteran can, a surviving spouse cannot, meaning the surviving spouse will forego VA benefits and instead go on Medicaid. Again, this results in higher costs for taxpayers.

* The proposed changes would penalize any Veteran who has engaged in solid estate and elder care planning because they used trusts and/or annuities that would assist in paying for their care. 

* By denying benefits for those at the earliest stage of medical need (Independent Living Facilities), wartime veterans will either forego care in order to save their money, or deplete their money and be forced directly onto the Medicaid rolls, costing taxpayers more. Medicaid costs taxpayers more because Medicaid pays for the entire cost of care, whereas VA benefits just pay a partial amount for care, which stretches out the veteran's available dollars for care and puts off the need for Medicaid.

http://www.regulations.gov/#!documentDetail;D=VA-2015-VBA-0003-0001


Feel free to call me if you have questions.

Steve Dabbs

480-203-9592
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