Military Veteran Attorney Blog

The holidays are often a good time to evaluate long term care options. Often, I receive phone calls from children who after visiting with their parents over the holidays realize that that they need more assistance at home or that mom and dad are not doing as well as they thought. Or after self evaluation and goal setting for the new year, some seniors want to move to senior residences to have more social activities and less responsibility with their homes. If you have a loved one or are someone facing these situations, VA benefits can offer a great planning opportunity.

In the metro-Detroit area, there are several assisted living and senior independent living facilities that are familiar with the VA aid and attendance program. In fact, many facilities will provide prospective residents with materials regarding VA benefits in order to help offset the monthly living expenses at their facilities or to prolong a resident's stay at the facility after his or her funds are exhausted.

The aid and attendance benefit will provide additional monthly income to supplement seniors that need assistance and live in such facilities. This benefit can be the bridge between a qualified veteran's regular monthly income and his or her monthly rent and medical expenses.

For example, if you are a qualified veteran and earn about $1,500 per month with monthly living expenses and medical expenses at a senior facility, you will more than likely receive assistance from the aid and attendance program. The benefit is designed to offer a dollar for dollar match for medical expenses. In most cases, a qualifying veteran will receive the maximum monthly benefit of about $1,600.00 per month. If you would like more information about VA benefit planning, please contact a qualified attorney or a qualified service organization like the American Legion or VFW.

Each year, the VA increases the pension benefit amounts consistent with the cost of living adjustment recognized by the social security administration. For your convenience I have included the projected 2009 pension amounts. The amounts depicted include all benefits provided through the VA improved pension program which includes Aid and Attendance; Improved Pension; Low Income Pension and Accrued Benefits. If you have specific questions about these benefits, feel free to contact our office, especially if you or your loved one resides in Michigan.

Continue reading " VA Releases New Pension Rates " »

In Michigan, most veteran's that I meet with are interested in learning more about a little known VA benefit called Attendance Aid and Care. Frequently, attorneys practicing elder law will refer to this benefit as A&A. This benefit is designed to assist veterans that are suffering from illnesses or disabilities with the cost of their medical care. A& A can become a great benefit for those that are interested in assisted living and home care.

Most veterans are prompted in receiving more information about this benefit while they are considering moving from their homes to a senior residence or after their families decide that they need more help at home. The benefit can provide a significant source of income to assist qualified veterans with their care. For some veterans, this benefit can even "open the doors" to facilities that they previously could not afford based on their regular monthly income.

The benefit is best viewed as a dollar for dollar match for medical expenses incurred by a veteran. It is not a benefit designed to assist a veteran that is otherwise healthy. For more information regarding this benefit, please contact an accredited individual, a military service organization or a well qualified Michigan elder law attorney that is accredited with the VA. If you are in Michigan or have a loved one in Michigan that may qualify for this benefit, please contact our office either by phone or through our website: www.smdalaw.com.

Most veterans, in Michigan, are aware that the Department of Veteran's Affairs (VA) provides benefits to those who suffer from "service" related injuries, illnesses, or disabilities. However, most veteran's are unaware that the VA also provides "pension" benefits. Pension benefits are benefits provided to veterans that suffer from non-service related injuries, illnesses, or disabilities. These benefits can be provided to veterans based on criteria that are surprisingly easy to meet for most veterans.

The classification of these benefits is almost a misnomer in itself. Most believe that to qualify for pension benefits a veteran must retire from active service or see combat duty. This is not the case. In fact these benefits are rather loosely related to military service.

The minimal required qualifications required to become eligible for these benefits include:

* Service in the United States Armed forces for a period of at least ninety (90) days
* One day of service during a defined period of conflict (not actual combat)
* A medical need or income need

Of course there are other requirements which may be better explained to veterans by individuals accredited with the VA; service organizations; or a qualified Michigan elder law attorney.

In November of last year, the State of Michigan adopted a new estate recovery law. For those of you unfamiliar with the concept, "estate recovery" is a term that describes the State's ability to recover funds from people that have been approved to receive Medicaid benefits for nursing home care. For many Medicaid applicants this means that the State would have a right to file la lien against a Medicaid recipients estate. Primarily, the target of these recovery acts are the Medicaid recipients' homes.

Following the enactment of the Deficit Recovery Act of 2006, the federal government made it clear that all states seeking funds for Medicaid programs needed to adopt an estate recovery statute. Seemingly, this provision targets Michigan, as it remained as the only state without such a law.

Michigan's legislature slowly implemented such a law last year. The only remaining issue for it to be implemented was federal approval. At the end of October, we received word that the federal government rejected Michigan's proposed estate recovery law. As a result, Michigan remains as the only state without an estate recovery law. For the time being, Medicaid applicant's homes are safe.

What does this mean to those seeking Medicaid benefits for long term care? No one really knows for sure. Presently, the best advice is to consult with an elder law attorney in Michigan to discuss your options if you or a family member are facing long term care decisions.

Following a significant change to federal law in regard to applying for Veteran's benefits, your adviser must be accredited with the Department of Veteran's Affairs in order to assist you with your claim for benefits.

In July of 2008, the Department of Veteran's Affairs mandated that any individual representing a veteran pursuing VA benefits must be accredited with the VA in order to further a claim on behalf of the veteran. As a result, financial planners, attorneys and others have begun the accreditation process. This is important to understand here in Michigan as most veterans first learn of these benefits through non-accredited sources.

If your adviser is not accredited, there are alternatives. Pursuant to federal law a claimant may: (1) represent himself or herself directly; (2) seek assistance through a Veteran Service Organization that is accredited through the VA (American Legion, the Disabled American Veterans, the Veterans of Foreign Wars, or State VA offices) 38 CFR 14.628; (3) an individual who has been accredited by the VA; (4) a "one time" power of attorney person, who is usually the child or relative of the claimant ,38 CFR 14.631; (5) an attorney in good standing with the State Bar and has been accredited by the VA, as of June 23, 2008 38 CFR 14.629.

If you are a claimant in Michigan, particularly in the metro-Detroit area, seeking VA benefits, it is important that you seek the advice assistance of an accredited individual or a qualified service organization. Our office can help, in July, I took the necessary steps to become accredited with the VA.

Some advice on selecting an adviser:

Always ask your adviser if he or she is accredited

Seek the assistance of an accredited attorney (most qualified attorneys normally have experience with other aspects of benefit planning, including elder law an Medicaid planning and can offer assistance to those in regard to using VA Benefits for long term care planning).

Contact your local Veteran's service organization

Contact our firm, Serafini, Michalowski, Derkacz & Associates, P.C.