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Veterans Aid and Attendance Benefit

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Veterans Aid and Attendance Benefit

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
  • Overhead 9 Still Showing Review Option With & Without
  • Overhead 9 Still Showing Review Option With & Without
  • Overhead 9 Still Showing Review Option With & Without
  • Death benefit is about 2/3 what a Veteran’s benefit would be
  • Overhead 9 Still Showing Review Option With & Without
  • Overhead 9 Still Showing Review Option With & Without
  • Overhead 9 Still Showing Review Option With & Without
  • 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!

Veterans Aid and Attendance Benefit Veterans Aid and Attendance Benefit Presentation Transcript

  • 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
    • Growing Old in Three Minutes
  • 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
  • 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.
  • 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.
  • 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
  •  
  • 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 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
  • 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
  • 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
  • Brian Williams on Aid & Attendance
  • 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)
    • Fact: Connecticut ranks near the 48 th 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
    • Fact: 15% of the cases rated by the Federal VA contain an error
    • Fact: A n 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
    • 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
  • VA ACCREDITATION
    • Effective June 23, 2008, only attorneys accredited by the Veteran’s Administration may assist with the preparation of benefits applications. S ee 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.
    • 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
  • 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
  • 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
  • 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
  • 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
    • PENSION
    • Supplemental income to older or disabled veterans for reasons other than service-connected injuries or illnesses and who have a low income.
  • 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
  • Getting Started
  • 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
  • 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.
  • Service Requirement
    • VA “RATINGS”
    • VA gives an additional income allowance if applicant is in need of the "aid and attendance" of a caregiver or considered "housebound."
  • Estimating the Pension Benefit with Aid and Attendance Allowance Please Note: VA calculates benefits and costs on an annual basis and divides by 12 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
  • Estimating the Pension Benefit with Aid and Attendance Allowance Please Note: VA calculates benefits and costs on an annual basis and divides by 12 Total Family Income Family income $2,400 Pension benefit $1,950 Total income $4,350
  • 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
  • Unreimbursed Medical Expenses Little publicized provision allows adjusting countable income downward for certain types of expenses. Rating and special documentation is required.
  • 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
  • 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
  • Please complete and return evaluation form in materials Questions? Feel free to call us at 860-769-6938 Email: [email_address] Thank You!