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Government Benefits

Long-Term Care Benefits for Veterans

By Long-Term Care, Veterans Affairs

There are more than 12.4 million veterans over 65 who have served our country in a multitude of ways. Elderly Veterans may be eligible for a variety of benefits that are available, including: disability, pension, compensation, health care, education, home loans, insurance, employment, burial and vocational rehabilitation.

There are two programs geared specifically towards elderly veterans that provide them with additional money if they are eligible for receiving a pension benefit. The first, Aid and Attendance, will be given to veterans who are either bedridden, residing in a nursing home, have significantly impaired vision or require help performing daily functions. The second program, Housebound, gives veterans an augmented pension if they are confined to their immediate premises due to a disability that is permanently inflicted upon them.

Healthcare benefits are often provided to elderly veterans as well. Elderly veterans with a myriad of healthcare needs can receive geriatric care either in their residence, at VA medical centers, in long-term care programs or in the community.

To learn more about these benefits and to determine your eligibility or that of a loved one, visit the Veterans Affairs website and peruse the “benefits” section. To apply, you can go online and complete the process through eBenefits, work with a representative or go to a VA regional office and have an employee assist you. Babette Bach, esq. is a Board Certified Elder Lawyer and can advise you about public benefits available to seniors, including veterans benefits.

 

May 4, 2018
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Lifetime and Estate Planning – A Seminar by Experts

By Estate Planning, Firm News

Babette Bach and Fred Jacobs will be speaking at a Heritage Oaks event, “Lifetime and Estate Planning – A Seminar by Experts”, being held at their clubhouse on January 15th, 2018 at 2:00pm. The attorneys will cover a variety of topics and give some insights into preservation of assets and estate planning for Florida residents. The event is presented by the Heritage Oaks Lifelong Enrichment Committee. Please contact the club for more information: 941-926-7602.

December 7, 2017
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Babette will be speaking about Medicaid at The Academy of Florida Elder Law Attorneys UnProgram in December 2017

By Elder Law, Firm News

December 1-2, 2017

Babette Bach will be attending and, this year, speaking at the The Academy of Florida Elder Law Attorneys UnProgram in December at the Hyatt Regency in Orlando. She is looking forward to lecturing there on Saturday, December 2nd, 2017 on the subject of “Advanced Medicaid Planning & Techniques”. Please contact AFELA at 850-296-8089 or www.afela.org  for further information on this event. Please contact our office on 941-906-1231 if you would like to schedule a consultation with Babette for advice on Medicaid and Asset Protection Planning.

November 20, 2017
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Understanding the Parts of Medicare: Medicare Part A

By Medicare

There are four Main components of Medicare: Medicare Part A, Medicare Part B, Medicare Part C and Medicare Part D. Medicare Part A is your hospital insurance and it covers medically necessary hospital care, limited nursing facility care, hospice, and limited home health services. Medicare Part A is free if you have worked and paid Social Security taxes for at least 10 years (40 Calendar quarters). If you have worked and paid taxes for less time, you have to pay a monthly premium. It does not cover long-term care, most dental care, acupuncture, routine foot care, or eye examinations to prescribe glasses.

July 21, 2017
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What is a Pooled Trust?

By Asset Protection Planning, Government Benefits, Medicaid Planning

A first-party supplemental needs trust is created to allow disabled persons to receive the benefit of their funds in a trust while still qualifying for and receiving government benefits. An alternative to this trust is a pooled trust. A pooled trust is created by a non-profit organization, and individual beneficiaries can create accounts within the trust.

By pooling the assets of disabled persons, the organization can manage one master trust and maximize the benefits for the beneficiaries. The non-profit can make more stable investments and provide more services than a normal supplemental needs trust.

Most people with special needs join a pooled trust when they do not have anyone to create a first-party supplemental needs trust for them. And just like a first-party supplemental needs trust, a pooled trust is used for people to qualify for and remain eligible to receive government benefits, such as Medicaid and SSI.

A couple advantages of a pooled trust are the low costs and the fact that the funds will be used to help others with disabilities.

If you have further questions on this topic, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

April 14, 2017
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What are the different levels of VA benefits?

By Government Benefits, Veterans Affairs

There are three different levels of VA pensions. Basic Pension/Improved Income applies to healthy veterans with lower incomes who are over the age of 65. Aid and Attendance is a program for veterans also over the age of 65 who require assistance with their daily living activities. Lastly, the housebound pension covers veterans with a disability rating of 100% that does not have to be related to their service in the military. To qualify, the disability must prevent them from leaving their home.

March 21, 2017
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Aid and Attendance Pension vs. Medicaid Compensation

By Government Benefits, Medicaid Planning, Veterans Affairs

It is imperative that veterans  take time to choose which government program best suits their needs. According to Paying for Senior Care, these are the 2016 costs for both programs.

Program Medicaid VA Aid and Attendance
Other names Medi-Cal, Mass Health Homebound, Basic Improved Pension
Regulation State Level Federal Level
2016 Income Limits $2,199/month (for individual) $1,788/month (for individual)
Application Approval Time 2-3 month 6-12 months
Best Suited For Nursing Home Care Home Care or Assisted Living

 

March 17, 2017
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What are the non-financial requirements to qualify for VA benefits?

By Government Benefits, Veterans Affairs

To qualify for VA benefits, there are many financial and non-financial requirements for veterans and veterans’ spouses to meet. Listed below are some of the non-financial requirements:

  • Veterans or their spouses applying must be at least 65 years old or designated as disabled if younger.
  • Veterans must be “wartime veterans” which means that they served in the military for at least 90 days during the dates below. Also, the service is not limited to combat service.

According to Paying for Senior Care, the dates are:

  • World War II: Dec 7, 1941 – Dec 31, 1946
  • Korean War: Jun 27, 1950 – Jan 31, 1955
  • Vietnam War: Aug 5, 1964 – May 7, 1975 (or Feb 28, 1961 – May 7, 1975 for Veterans who served in Vietnam)
  • Gulf War: Aug 2, 1990 – Undetermined

 

  • Veterans cannot have been dishonorably discharged
  • A higher benefit is granted to veterans who are disabled
  • For spouses, the surviving spouse must have lived with the veteran at the time of his or her death and must be single at the time of the application.

If you need legal advice for VA benefits, please contact our office at (941) 906-1231 for an initial consultation.

March 14, 2017
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What are some conflicts that arise from receiving VA benefits?

By Government Benefits, Veterans Affairs

Qualifying for VA benefits can be a complicated and extensive process due to certain requirements and conflicts with other government programs. Listed below are some rules and guidelines for veterans to follow to receive their benefits:

  • Because veterans cannot receive both VA Disability compensation and the VA Aid and Attendance Pension, they will receive the higher of the two programs
  • Veterans are able to receive both Aid and Attendance and Veterans Directed Home and Community Based Services
  • A surviving spouse of a veteran cannot receive both Dependent Indemnity Compensation (DIC) and a death pension on that veteran. However, the surviving spouse can opt for DIC and qualify for additional assistance of $300 a month.
March 10, 2017
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Does the VA pay for assisted living?

By Government Benefits, Long-Term Care, Veterans Affairs

The U.S. Department of Veterans Affairs does pay the rent of assisted living facilities for veterans that need certain eligibility requirements. However, it may pay for extra services that are essential in assisted living facilities.

Most veterans are expected to pay for assisted living facilities independently or through their long term care insurance companies. As a result, it is common for veterans to pay for assisted living using Aid and Attendance. Aid and Attendance is a pension for veterans over the age of 65 who need assistance with their daily living activities. This pension can be utilized for whatever purpose the veteran designates (i.e. assisted living rent, board, other services, etc.). Aid and Assistance can grant up to $2,120 a month in assistance for veterans.

If you need legal advice for VA benefits, Medicare, Medicaid planning, estate planning, probate or trust administration, please contact our office at (941) 906-1231 for an initial consultation.

March 7, 2017
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