how can elder attorney heop me get aid and attendance

Many veterans may not realize they’re eligible for the Aid and Attendance benefit, which can help offset the cost of long-term care. An elder care attorney can guide you in applying for this benefit or provide information about other benefits and government resources.

Full Answer

When should you hire an elder care attorney?

According to Harry Margolis, the founder of Boston-based law firm Margolis & Bloom and founding president of ElderLawAnswers, families should consider seeking an elder care attorney when you begin to anticipate a need for long-term care of a loved one, or if you are wondering how to qualify for government benefits.

How can an elder law attorney help a married couple qualify for Medicaid?

An elder law attorney can devise a plan for a married couple to spend down their assets to qualify for long-term care Medicaid but still retain enough resources for the healthy spouse to remain in their home and cover their costs of living. Read: Spousal Impoverishment: Medicaid Spend-Down Rules for Married Couples

How do I find an elder law attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

What is an elder law attorney called?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

How much does the VA pay for aid and attendance 2020?

Income payments made to Aid and Attendance recipients can vary greatly. In 2020, monthly payments started at $768 and ended at $2,266, depending on the type of claim and the type of medical rating the applicant meets. Generally, income payments depend on the type of claim and the medical rating involved.

Does Social Security count as income for aid and attendance?

Aid and Attendance has limits on Veterans' net worth, countable income, and maximum annual pension rate (MAPR). Your countable income is how much you and your spouse earn, including retirement and Social Security payments.

What are the asset limits for aid and attendance?

Up to December 1, 2020, a claimant for Aid and Attendance Pension cannot have a net worth of more than $129,094. This amount goes up every December 1 with inflation. Net worth is defined as assets plus IVAP (Income for VA Purposes).

Which pays more aid and attendance or housebound?

Housebound is based on a higher maximum income level, which is why its pension is lower than that of Aid and Attendance. Connect with us today to find out if you're eligible for the Aid and Attendance pension benefit.

How does aid and attendance work?

VA Aid and Attendance provides a substantial monthly payment on top of existing VA pensions for eligible veterans and surviving spouses. This supplemental income is added to the VA Pension or Survivors Pension to help cover the cost of long-term senior care.

Does Patriot angels charge a fee?

Only if the documentation supports your eligibility, Patriot Angels will charge a one-time fee of $795 for a pre-filing consultation and Long Term Care Assessment with VA accredited attorney before submitting your application to the VA, and follow the process until a benefit is awarded.

What is the difference between VA pension and aid and attendance?

There are three levels of VA Pensions: Basic Pension / Improved Income – for healthy veterans over the age of 65 with low incomes. Aid & Attendance (A&A) – for veterans over the age of 65 that require assistance with their activities of daily living.

How much does the VA pay for aid and attendance 2021?

The 2021 maximum monthly benefits for those qualifying for the Aid & Attendance level of Pension is: Surviving Spouse of a Veteran: $1,244. Veteran with no Spouse or dependent children: $1,936. Married couple where the Veteran requires care: $2,295.

How are aid and attendance benefits calculated?

The veteran's actual payments are calculated by subtracting their income from the MAPR. For example, as of 2021, the maximum pension for Aid and Attendance for an elderly veteran with no dependents is $23,283. If the veteran's annual income is $12,000, he / she would receive $11,238 in pension benefits.

Is VA aid and attendance permanent?

Veterans who meet the following criteria are able to qualify for this additional benefit: The veteran has a single, permanent disability evaluated as 100 percent disabling. The veteran is permanently confined to their home (or immediate location) due to this disability.

How long does it take to get aid and attendance from VA?

How long does it take before you receive the Veterans' Aid & Attendance benefit? Broadly, it can take anywhere from three months (90 days) to six months. But the VA will expedite your application if you are over 90 years old or in hospice so you can receive this monetary pension benefit more quickly.

Will the VA pay my wife to be my caregiver?

Spouses, unfortunately, cannot be paid to provide care, as their income is also considered when calculating a veteran's pension amount. However, other relatives, such as adult children, nieces and nephews, and grandchildren, can be paid to be caregivers.

What Are The Reasons That VA Aid And Attendance Benefits Are Typically Denied?

In my experience, eligibility is not usually the reason for denial. In other words, the reason for the rejection is that the paperwork was not in order. The VA requires specific information, and without that information, the application will be denied even though you may be eligible.

Should I Appeal A Denial Of VA Aid And Attendance Benefits Or Should I Just Re-Apply?

Generally speaking, appeals are the very last resort, and there are other options before appeal. You can supplement your claim with information that was lacking in the application to keep the claim open, or you can request a higher-level review before an appeal that allows a supervisor to review the mistakes made by the caseworkers.

Is It True That An Appeal Can Take Years To Resolve?

Absolutely, but most appeals are unsuccessful. If you get in a situation to appeal, you will most likely not receive benefits.

Who Decides What IS Actually A Qualifying Disability For VA Aid And Attendance Benefits?

A qualifying disability requires that the claimant need assistance in two Activities of Daily Living, or because of Cognitive Impairment, usually dementia, you cannot live alone and require round-the-clock supervision.

If I Am Already Receiving Disability Can I Also Apply And Receive VA Aid And Attendance Benefits?

The VA does not allow someone to receive service-connected compensation, disability, and VA pension with aid and attendance at the same time. The VA only allows you to qualify for one benefit, whichever is higher.

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

What is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

Who is the founder of Margolis & Bloom?

According to Harry Margolis, the founder of Boston-based law firm Margolis & Bloom and founding president of ElderLawAnswers, families should consider seeking an elder care attorney when you begin to anticipate a need for long-term care of a loved one, or if you are wondering how to qualify for government benefits.

What is a veteran aid attorney?

A veterans aid and attendance attorney accredited by the VA can, legally and within VA regulations, help most people who meet the basic qualifications to successfully apply for this benefit. Asset/Income Limits and Benefits.

What is VA Aid and Attendance Benefit?

The VA Aid & Attendance benefit (technically known to the Department of Veterans Affairs as Special Monthly Pension with Aid & Attendance) is a little-known cash benefit to help Veterans and Widows of Veterans pay for medical care.

How many days of active duty do you have to be a veteran?

The Veteran must have received a better than dishonorable discharge. The Veteran must have served at least 1 day of active duty during a war period (there is no requirement that any service be performed in a combat zone).

Can spouses of veterans receive A&A?

Many Veterans and Surviving Spouses of a Veteran (Claimants) are potentially eligible for Aid and Attendance (A&A) Pension Benefits. Veterans can also qualify for medical supplies and medicines if the basic and financial qualifications are met. * These amounts may change each year based on cost of living adjustments.

Can an attorney document the care they need?

Most people do not accurately document the care they need and/or receive on a monthly basis. Even when that care is provided by family, an accredited attorney can document it appropriately to aid in income qualification. The accredited veterans aid and attendance attorneys at Smith Barid, LLC have assisted many veterans with qualification ...

Can surviving spouses drive a car?

There is no age requirement for surviving spouses. The Claimant must not be able to drive a car. The second level of qualification for the Claimant (where action can be taken to change the Claimant’s situation to allow eligibility): The household cannot have more than the allowable countable assets.

Can a spouse of a veteran be divorced?

The surviving spouse must not have divorced the Veteran or remarried after the Veteran’s death. The Veteran must be 65 years of age or older or completely disabled as defined by the Social Security Administration. There is no age requirement for surviving spouses. The Claimant must not be able to drive a car.

Who Is Eligible for Veterans Aid and Attendance?

To receive the Aid & Attendance Special Pension Benefit or Housebound Special Pension Benefit, a qualified Veteran must have served on active duty, at least 90 days, with at least one day of service during a period of wartime. You will need the Veteran’s DD Form 214, which shows the dates of active duty military service.

Is Aid and Attendance Only For Low-Income Veterans?

No, and this is the primary reason that this benefit is so widely misunderstood. If you speak to a Veterans Service Representative in a regional VA office and ask them about the Veterans Aid and Attendance benefit, they will typically ask for your household income.

How Is the Aid and Attendance Benefit Calculated?

The monthly award is based on VA totaling 12 months of estimated future income and subtracting from that 12 months of estimated future, recurring, and predictable unreimbursed medical expenses.

Filing a Claim

Filing a claim for the Veterans Aid and Attendance Pension Benefit is complex and time-consuming. If you want to do it correctly, it’s important to get qualified assistance. Just knowing which form to fill out and how to complete it is a complex endeavor in itself.

The Net Worth Test and Penalty Divisor

The Net Worth Limit effective 12-01-2020 is $130,773 (Penalty Period Rate is $2,295). Net worth will be determined by combining assets and annual income (IVAP). A Veteran’s assets and income are defined to include both the assets and income of the Veteran and the assets and income of the Veteran’s spouse if married.

The Look-Back Rule on Asset Transfers

Under old VA rules before October 18, 2018, there was NO transfer penalty. This meant that individuals could transfer excess assets and apply for VA benefits the next day. The new rules establish a three-year look-back period for asset transfers for less than fair market value; similar to Medicaid’s five-year look-back period.

Penalty Period

Under the new regulations, Veterans or their surviving spouse who transfer assets within three years of applying for benefits will be subject to a penalty period that can last up to five years.

What is a good lawyer for Medicaid?

A good lawyer will devise a personalized Medicaid planning strategy that enables an applicant to retain as much of their wealth as possible for current and future needs while ensuring they will qualify for the long-term care services they require.

What is elder law?

Elder law attorneys specialize in helping older adults with long-term care planning, estate planning and government benefits. Those with experience in Medicaid planning understand each state’s rules and regulations and help families by identifying comprehensive strategies to legally obtain and maintain eligibility for public benefits.

What does a Medicaid lawyer do?

A Medicaid lawyer will take all aspects of a senior’s personal and financial situation into consideration to determine when they should apply and whether additional steps must be taken to avoid disqualification for benefits.

Is it better to file Medicaid application too late?

On the other hand, filing an application too late means that an elder and their family would miss out on months of long-term care Medicaid coverage while awaiting a determination.

Can you avoid a penalty period for Medicaid?

In some cases, there are exceptions that can help applicants avoid a Medicaid penalty period. In other situations, applicants who have made disqualifying transfers during the look-back period may be better off delaying their Medicaid application.

Can you retain ownership of assets while still receiving Medicaid?

Applicants can retain ownership of certain types and amounts of assets while still maintaining their eligibility for benefits. In some instances, a personal care agreement is a great way for a senior to compensate their family caregiver (s) while legally spending down to meet Medicaid asset and income limits.

Can a married couple get Medicaid?

The financial Medicaid eligibility rules for married couples are different from those for unmarried applicants. An elder law attorney can devise a plan for a married couple to spend down their assets to qualify for long-term care Medicaid but still retain enough resources for the healthy spouse to remain in their home and cover their costs of living.