0
AID AND ATTENDANCE BENEFITS
FOR
QUALIFYING VETERANS
34 Jerome Avenue, Suite 310
Bloomfield, CT 06002
860-769-6938
Henry C ...
Growing Old in Three Minutes
One Stop Shopping for Long Term Care
•Getting the answers you need now
•Locating government services
•Finding professional...
Weatherby & Associates, PC
A Life Care Planning Law Firm
Traditional elder law firms focus on saving the
elder’s money to ...
Weatherby & Associates, PC
An Elder-Centered Law Firm
Life Care Planning law firms use a model called
the Elder Care Conti...
What is Long Term Care or Eldercare?
 Need for physical,
emotional or supervisory
support from a caregiver
 80% of care ...
The Cost of Care – More than Money
Statistics
 60% of us will need eldercare at
some time
 40% of all seniors will spend some
time in a nursing home
 44.4...
Most Seniors Fail to Plan for Their Care
 57% worry about paying for care
 69% have done little or no planning
 Another...
Most Seniors Fail to Plan for Their Care
So, What Happens??
 Families did not plan and the need for
care usually occurs w...
Brian Williams on Aid & Attendance
VETERANS BENEFITS
 A variety of benefits for those who
qualify
 Highly underused by otherwise qualified
veterans and spo...
Fact: Connecticut ranks near the 48th
out of 50
in the percentage of veterans receiving
compensation for disabilities from...
Fact: 15% of the cases rated by the Federal VA
contain an error
Fact: An estimated two million impoverished
veterans and t...
Fact: Veterans who turn to the Federal VA
may want a second opinion.
22% of telephone inquiries were
answered completely w...
VA ACCREDITATION
 Effective June 23, 2008, only attorneys
accredited by the Veteran’s Administration
may assist with the ...
COMPENSATION
 Income to compensate for potential loss of
income in the private sector due to a service-
related disabilit...
Veterans Health Administration
Long Term Care Benefits
 Home-Based Care
 Contract Home Care
 Adult Day Health
Care
 Ho...
Home Improvements and
Structural Alterations (HISA)
Grant to pay for necessary alterations to home to
accommodate disabili...
Burial and Memorial Benefits
Burial allowances are partial reimbursements
of eligible veteran’s burial and funeral costs.
...
Accrued Benefits
 Benefit effective date is when an application is
filed.
 The veteran or surviving spouse must survive ...
PENSION
Supplemental income to older or disabled
veterans for reasons other than service-
connected injuries or illnesses ...
Prior to VA Application
Need:
 Discharge Papers
 Medical evidence for rating
 Care services already in place and eviden...
Getting Started
Two Types of Pension Benefits
Living Veteran
 For a living veteran (single or
married)
 If younger than 65 must be total...
Two Types of Pension Claims
First, may have veteran households
with low income and few assets.
Rating not required but wil...
Service Requirement
VA “RATINGS”
VA gives an additional income allowance if
applicant is in need of the "aid and
attendance" of a caregiver or...
Estimating the Pension Benefit with Aid and
Attendance Allowance
Countable Income Pension Benefit
Family income $2,400 All...
Estimating the Pension Benefit with Aid and
Attendance Allowance
Total Family Income
Family income $2,400
Pension benefit ...
Using Aid and Attendance
 …to Pay Any Person for Care in
the Home (including children,
but excluding spouses)
…to Pay for...
Unreimbursed
Medical Expenses
Little publicized provision allows adjusting countable
income downward for certain types of ...
Income & Asset Tests
INCOME
Household countable income must
be less than the Maximum
Allowable Pension Rate
(MAPR)
 Singl...
Don’t Meet Asset Test?
You Need Our Help!
 To meet the asset test…
 Assets can converted to income
 Assets can be gifte...
36
Please complete and return
evaluation form in materials
Questions?
Feel free to call us at
860-769-6938
Email: hank@wea...
Veterans Aid and Attendance Benefit
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  • Key number on this slide is the one in the middle – that there is a heck of a lot of care being delivered at home by family members. The burdens for the whole family can be great – financially, emotionally, what have you. Tonight we will be discussing how
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  • Death benefit is about 2/3 what a Veteran’s benefit would be
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  • Please feel free to contact me at [telephone number] or [email address] if you questions or if I can assist you in any way.
    Thank you!
  • Transcript of "Veterans Aid and Attendance Benefit"

    1. 1. AID AND ATTENDANCE BENEFITS FOR QUALIFYING VETERANS 34 Jerome Avenue, Suite 310 Bloomfield, CT 06002 860-769-6938 Henry C Weatherby, JD CLU, ChFC, CEBS
    2. 2. Growing Old in Three Minutes
    3. 3. One Stop Shopping for Long Term Care •Getting the answers you need now •Locating government services •Finding professional eldercare services •Researching articles and books on LTC Care Management, Guardianship, Conservatorship and Dispute Resolution Non-Medical Home Care Home Health Agency – Medicare-Covered Home Care and Hospice Home Maintenance, Deep Cleaning, Remodeling and Yard Work Veterans Benefits Reverse Mortgage Specialist Elder Law Advice and Medicaid Advice Estate Planning and Tax Planning Trust Management Services End-Of-Life Planning Care Facility or New Home Search, Relocation, Downsizing and Real Estate Insurance Products, Retirement Planning; Financial Advice careconnecticut.org
    4. 4. Weatherby & Associates, PC A Life Care Planning Law Firm Traditional elder law firms focus on saving the elder’s money to pass on to the next generation. Life Care Planning law firms focus on using the elder’s resources for the elder’s benefit, with the goal of maximizing quality of life and independence, as well as protecting any inheritance the elder may wish to leave.
    5. 5. Weatherby & Associates, PC An Elder-Centered Law Firm Life Care Planning law firms use a model called the Elder Care Continuum to help families understand the natural progression of aging and its impact on a loved one’s health, mobility, housing, and financial resources. This approach relies less on crisis-oriented transactions and more on the development of on-going relationships with families to manage transitions.
    6. 6. What is Long Term Care or Eldercare?  Need for physical, emotional or supervisory support from a caregiver  80% of care is provided by family in the home  Changing demographics are making family-provided care difficult
    7. 7. The Cost of Care – More than Money
    8. 8. Statistics  60% of us will need eldercare at some time  40% of all seniors will spend some time in a nursing home  44.4 million adult caregivers in this country – 21% of the population  Provide 21 hours a week of care  4.3 years average time spent providing care
    9. 9. Most Seniors Fail to Plan for Their Care  57% worry about paying for care  69% have done little or no planning  Another 20% mistakenly think the government will cover their care
    10. 10. Most Seniors Fail to Plan for Their Care So, What Happens??  Families did not plan and the need for care usually occurs without warning  Working caregivers end up in panic mode
    11. 11. Brian Williams on Aid & Attendance
    12. 12. VETERANS BENEFITS  A variety of benefits for those who qualify  Highly underused by otherwise qualified veterans and spouses (4.7% of those eligible as of 2005)  Important to coordinate with other governmental benefits (i.e. Medicaid)
    13. 13. Fact: Connecticut ranks near the 48th out of 50 in the percentage of veterans receiving compensation for disabilities from the VA. Only 7.2% of our veterans are receiving benefits. Fact: Veterans who use service representatives receive three times as much in benefit monies than those who do not use representatives. Source: Connecticut Department of Veteran’s Affairs, Office of Advocacy and Assistance
    14. 14. Fact: 15% of the cases rated by the Federal VA contain an error Fact: An estimated two million impoverished veterans and their widows are not receiving the VA pension they deserve because they do not know about it. Source: Connecticut Department of Veteran’s Affairs, Office of Advocacy and Assistance
    15. 15. Fact: Veterans who turn to the Federal VA may want a second opinion. 22% of telephone inquiries were answered completely wrong, 23% were minimally correct and 20% were partially correct. Source: Connecticut Department of Veteran’s Affairs, Office of Advocacy and Assistance
    16. 16. VA ACCREDITATION  Effective June 23, 2008, only attorneys accredited by the Veteran’s Administration may assist with the preparation of benefits applications. See C.F.R. § 14.629.  Unaccredited individuals may provide other services to veterans so long as they do not assist in the preparation, presentation, and prosecution of claims for benefits.
    17. 17. COMPENSATION  Income to compensate for potential loss of income in the private sector due to a service- related disability, injury, or illness  Benefit amount depends on degree of disability (2010 ranges from $376 to $2,673 per month)  May apply for a redetermination if the condition has worsened  Can apply many years after leaving the service
    18. 18. Veterans Health Administration Long Term Care Benefits  Home-Based Care  Contract Home Care  Adult Day Health Care  Homemaker and Home Health Aide  Residential Care  Respite Care  Home Hospice Care  Domiciliary Care  Telehealth  Geriatric Evaluation and Management  Nursing Home Care  HISA Grants
    19. 19. Home Improvements and Structural Alterations (HISA) Grant to pay for necessary alterations to home to accommodate disability.  Certain service-connected disabled veterans can receive a lifetime benefit of $4,200 (means-tested low income can receive lesser amount of $1,200)  A clause in eligibility statute allow veterans with A & A or housebound ratings to also receive these grants
    20. 20. Burial and Memorial Benefits Burial allowances are partial reimbursements of eligible veteran’s burial and funeral costs.  Need to satisfy one of a number of conditions; (ex. veteran was receiving VA pension or compensation at time of death)  Service-related deaths up to $2,000  Non-service related deaths up to $300 towards burial and funeral expenses and $300 for plot internment
    21. 21. Accrued Benefits  Benefit effective date is when an application is filed.  The veteran or surviving spouse must survive the application period to begin receiving benefits  May be significant amount due from a compensation redetermination if adequate evidence provided that the VA erred years before
    22. 22. PENSION Supplemental income to older or disabled veterans for reasons other than service- connected injuries or illnesses and who have a low income.
    23. 23. Prior to VA Application Need:  Discharge Papers  Medical evidence for rating  Care services already in place and evidence of payment  VA power of attorney (if needed) Our help can ensure a fully developed claim for the maximum benefit with the least time for processing the claim
    24. 24. Getting Started
    25. 25. Two Types of Pension Benefits Living Veteran  For a living veteran (single or married)  If younger than 65 must be totally disabled (over 65 need not be) Death Pension  Single surviving spouse of a veteran who would have been eligible  Married at least one year or have a child from marriage  No requirement for veteran to have been 65 or spouse to be 65 before application  No need for total disability if veteran death before age 65
    26. 26. Two Types of Pension Claims First, may have veteran households with low income and few assets. Rating not required but will result in much less income. Second, households with higher income and disposable assets that are also incurring the higher costs of long term care. A rating is required for these claims.
    27. 27. Service Requirement
    28. 28. VA “RATINGS” VA gives an additional income allowance if applicant is in need of the "aid and attendance" of a caregiver or considered "housebound."
    29. 29. Estimating the Pension Benefit with Aid and Attendance Allowance Countable Income Pension Benefit Family income $2,400 Allowable benefit $1,950 Unreimbursed medical $3,310 Less countable income $0 Countable income -$910 Pension benefits $1,950 Please Note: VA calculates benefits and costs on an annual basis and divides by 12
    30. 30. Estimating the Pension Benefit with Aid and Attendance Allowance Total Family Income Family income $2,400 Pension benefit $1,950 Total income $4,350 Please Note: VA calculates benefits and costs on an annual basis and divides by 12
    31. 31. Using Aid and Attendance  …to Pay Any Person for Care in the Home (including children, but excluding spouses) …to Pay for Professional Home Care Services  …to Pay for Assisted Living  …to Pay for a Nursing Home
    32. 32. Unreimbursed Medical Expenses Little publicized provision allows adjusting countable income downward for certain types of expenses. Rating and special documentation is required.
    33. 33. Income & Asset Tests INCOME Household countable income must be less than the Maximum Allowable Pension Rate (MAPR)  Single veteran ($1,645/mth)  Veteran couple ($1,950/mth)  Surviving spouse ($1,057/mth) ASSETS Household cash or assets that can be readily converted to cash cannot exceed approximately $80,000 (decided case-by-case) – Exempt assets include personal residence, vehicles, and personal property
    34. 34. Don’t Meet Asset Test? You Need Our Help!  To meet the asset test…  Assets can converted to income  Assets can be gifted without penalty  But, consult an expert versed in both Medicaid rules and VA benefits so Medicaid eligibility is not jeopardized!  Can use certain types of trusts
    35. 35. 36 Please complete and return evaluation form in materials Questions? Feel free to call us at 860-769-6938 Email: hank@weatherby-associates.com Thank You!
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