Category Archives: Veterans

Optional Longterm Care Options for Veterans and Their Spouses

By Steve Wright

225px-Veterans_dayAs many veterans age, they begin to think about planning for their potential long term care needs. This means looking at options to pay such as long term care insurance and Medicaid. However, for veterans who served during a period of war, another option exists. This option is known as Aid and Attendance.

Aid and Attendance is a pension paid by the Department of Veterans Affairs each month to a veteran or their surviving spouse. This pension is beginning to gain traction, however, it is still not well known, and many veterans do not even know that this pension exist. As a result, millions of dollars in funding goes unused each year, and instead veterans are spending every penny they have worked a lifetime to earn in order to receive or provide care for themselves or a loved one. Additionally, many veterans who discover that this pension exists often contact uninformed “experts” who mislead them as to whether or not they qualify.

Most of these experts inform people that they have to be at or below poverty levels in order to qualify. However, this is not true at all. While there are asset and income limits that apply, many do not realize that with proper estate planning, a veteran or their surviving spouse may be able to qualify for this pension without resorting to shopping in the cat food isle. So instead, veterans and their families should ask, not “Do I qualify”, but instead, “How do I qualify”.

With the right question asked, a veteran and their family can then begin finding answers to these questions, which gets me back to an earlier statement. That is, with the right estate planning, a veteran or their surviving spouse can qualify for this pension without spending everything that they have worked a lifetime to earn. That is why here at Cooper, Adel & Associates, we believe that veterans and their spouses deserve to receive the benefits that they are entitled to by law while maintaing their dignity. Because we believe in helping veterans and their families, we encourage you to contact our office to learn more about this valuable pension and helpful estate planning tools.

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DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Veterans Pension Requirements Becoming More Manageable

 

By Steve Wright

Normally, a claimant who is receiving VA pension, must report all of their income, assets, and unreimbursed medical expenses at the end of each year. This process is referred to as a yearly Eligibility Verification Report, or EVR. This process is often a source of many problems for those who receive this pension.

Generally, the VA sends out the required forms to each claimant, and the claimant is responsible for submitting the information in a timely manner, usually by March 1st. However, if you fail to complete the forms or if you make errors in completing the forms, the VA can stop the pension and request repayment of past pension benefits.

Once this repayment request has been made by the VA it is very hard to stop or reverse the process. Even after you have stopped the repayment request, the VA requires you to resubmit several forms and wait several months on a response.

Since this pension is designed to help our older war-time veterans and their spouses, it is troubling that such a system exists that can harm those desperately in need of these benefits.

A new VA rule has done away with EVR reporting. Instead, the VA requires that any claimant receiving pension benefits through the VA report any changes in assets, income, or unreimbursed medical expenses as the changes come about. This eases much of the heartache for claimants receiving pension benefits now. However, I urge all claimants to actively track their pension benefits as well as any changes in assets, income, or unreimbursed medical expenses. This will allow you to answer any requests for information that the VA may have relating to your claim. Understand that the VA still has the right to audit each claim.

If you have questions about this change or others related to VA benefits, it is a good idea to contact a knowledgable professional. The staff at Cooper, Adel and Associates can help answer your questions.

 

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Little-known VA Benefits Can Help Veterans of All Ages

Anchor: Our veterans have dedicated years of their lives to protecting our free- dom. It’s our duty to help them right here at home and there’s no better time to remember that than Veteran’s Day.

Today I’m joined by Mitch Adel of Cooper Adel and Associates here in Dayton. He’s here to talk about the many benefits available to veterans that they may not know about. Thank you for being here!

Mitch Cooper: Thank you for having me.

A: Hundreds of thousands of soldiers are returning home from Afghanistan and Iraq and it’s part of our duty to welcome them back. What are your suggestions when it comes to welcoming our soldiers home? 

 

MC: Well, I think one of the things we can pay attention to today on Veteran’s Day is the multi-generational benefits that are available to our veterans. There are edu- cational benefits for younger individuals coming back, benefits for those looking for home loans, and then, as people get older, financial support—giving them the dignity to stay in their homes and not have to spend other assets. All of these are available through the U.S. Department of Veteran’s Affairs.

A: When veterans come home, a lot of times they’re just getting back on their feet and figuring out a way of life that they haven’t been used to for however many years they served overseas. What is your advice to them to start that process in figuring out what opportunities are available to them?

MC: The best place to look is the US Veteran’s website at www.va.gov. Specifically, taking advantage of benefits for home loans,

veterans can fill out a form to take to their lender and the loan will be guaranteed by the federal government, giving them lower rates that can save thousands of dollars. The other would be the Post-9/11 GI Bill, which allows them to have 40 to 100 percent of their college tuition and bills paid for.

A: If the veterans were to reach out to you, is there a way for you to help them with one-on-one consultation?

MC: The best way that I can help them is the Aid & Attendance benefit, a little-known VA benefit that helps the senior veterans stay in their homes longer and get assistance with medical costs. It can be almost $2,000 a month for a married veteran and a little more than $1,000 for the widow of a veteran.

A: What sort of job training programs are available to veterans to help them transition into work that’s different than what they’re used to?

MC: Part of the Post-9/11 GI Bill is vocational training and federal preference. These are great ways to transition back into a more civilian work life. 

 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

Even After 71 Years, December 7th, 1941 is Still Important

 

By Steven Wright

As December 7th approaches, it reminds me to be thankful for the brave men and women who went to work defending our way of life, as a result of the Japanese bombing at Pearl Harbor. So that we never lose sight of their sacrifices, lets remind ourselves of what occurred that day.

At 7:51 a.m. On Sunday, December 7th, 1941, Japanese planes launched from six different Japanese carriers struck U.S. military installations in and around Pearl Harbor. While the planes attacked, U.S. service men and women were asleep in their barracks and on their ships. As soon as the attack started, these brave soldiers, sailors, and marines went to work attempting to fend off this stealthy surprise attack by the Japanese.

However, the surprise attack was a success for the Japanese, with 2,402 American lives lost, 188 Aircraft destroyed, and several battleships, cruisers and destroyers were either sunk or damaged. Among the severe loss, was the battleship U.S.S. Arizona. The Arizona with 1,177 of her crew still aboard sank to the bottom of Pearl Harbor after a Japanese bomb exploded its forward magazine causing a massive explosion.

The Japanese has hoped to cripple the U.S. Pacific fleet so that the Japanese would be able to carryout their plans to attack different possessions throughout the Pacific. However, through sheer determination and spirit, the U.S. Pacific fleet recovered, and relentlessly pursued the Japanese Navy until the Japanese Navy was driven to extinction.

Because of their determination, I find great pride in not only calling myself an American, but also being fortunate enough to help these veterans in my career. As part of my job at Cooper, Adel & Associates, I help these veterans seek out benefits available to them through the Department of Veterans Affairs. These benefits often mean the world to the veterans and their surviving spouses as it allows them to maintain dignity that they so long ago earned.

 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

Veterans Day, Honoring All Who Served

Veterans Day honors all American veterans who served our country, a day when we recognize their sacrifices to keep our country free. We thank each and every one of you and extend our deepest gratitude and appreciation for your dedicated and loyal service.

 

Slideshow Honoring our Veterans (Military.com)

 

Thom Cooper, Mitch Adel, Attorneys and Staff

of Cooper, Adel & Associates

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

The Hidden Impact of War on the Health of Our Soldiers, Sailors, Airmen, and Marines

By Steve Wright

Many Americans are familiar with the Vietnam War and the lasting impact that it has had on our nation. We have a memorial in Washington D.C. which contains the names of the fallen and missing Americans who so bravely fought in Vietnam. We have movies, books, and video games based on the war. Some of us even know that we suffered around 58,000 service member deaths during the course of the war in Vietnam. What many Americans do not know, or may not realize is that the war in Vietnam has left a lasting negative impact on the service members, their families, and the communities of those who served in Vietnam.

Today, in America, brave service members are still suffering and dying because of their service in Vietnam. They made it home only to discover years later that the chemicals the U.S. Government sprayed on the crops and forrest of Vietnam contained deadly toxins. These toxins, known as dioxin, are known to cause several kinds of cancers. Currently, the Department of Veterans Affairs has a list of cancers and diseases that are considered to result from Agent Orange exposure, and they will compensate veterans who served in country, and who can prove that they they have one of the recognized diseases. Also, if a veteran did not serve in Vietnam, but they can show that they likely were in contact with Agent Orange, then the VA may compensate them.

However, obtaining this compensation can be daunting. Many veterans do not understand the VA system, and after filing a claim for compensation, give up when they are initially denied. Because the VA process can be challenging it is often a good idea to contact a professional or attorney who specializes in VA claims as they can provide you valuable information and help in either applying for or appealing a claim.  

 

 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

Remembering our Desert Storm Veterans

 

By Attorney Ted Brown

On August 2, 1990 Saddam Hussein invaded Kuwait sparking the Persian Gulf War. In the months that followed Iraqi soldiers pillaged the Kingdom of Kuwait and took control of its vast oil reserves cutting off supply to the rest of the world. Iraqi forces launched hundreds of SCUD missile attacks, hitting civilian targets in Kuwait, Saudi Arabia and Israel. Before the conflict ended, Iraq set fire to dozens of oil wells across Kuwait and intentionally spilled millions of gallons of oil into the Persian Gulf.

In response, a global coalition of nearly 1 million soldiers from 34 nations assembled in the Middle East and prepared for action. This become known as Operation Desert Shield and was one of the fastest and largest military build-ups of all time. Iraq was given until January 16th, 1991 to peacefully withdraw from Kuwait.

Failing to heed this deadline, at midnight on January 17, Operation Desert Storm began with an intensive air campaign comprised of over 100,000 flights dropping 90,000 pounds of munitions. The air campaign strategically targeted Iraqi command and control facilities which severely weakened the Iraqi Army's ability to make war. The success of the air campaign limited the subsequent ground campaign to only 4 days and resulted in entire Iraqi division surrendering on mass.

Over 543,000 U.S. soldiers, sailors and pilots volunteered to serve in the Persian Gulf and liberate the people of Kuwait. In the past 21 years their service in this brief but important conflict has been overshadowed by other events. However, this week we pause to remember the tremendous service and sacrifice of Gulf War veterans. In our focus on Veterans Benefits at Cooper and Adel, we are honored to assist veterans who served in the Gulf War.   

A Call to Save WWII Veterans’ Stories

 

By Attorney Mitch Adel

 

One of the more rewarding parts of my days are spent hearing the stories and memories of Veterans and their families who come in to see me for consultations.  Whether it is the actual war time memories told by veterans who served overseas or the spouses and widows reliving what they did while their spouses were away, hearing their renditions is extremely rewarding and satisfying.  Unfortunately with most living World War II veterans in their late 80s, making sure that their stories are forever remembered is becoming more of a challenge.    Kudos to the Ohio Department of Aging and Ohio Veterans Services for doing their part by asking that these stories be recovered and submitted.  Stories of 500-1000 words can be mailed to the Ohio Department of Aging, to the attention of War Era Story Project; 50 W. Broad Street, 9th Floor; Columbus, Ohio 43215.  The project is also asking for any photographs to be mailed in as well, with the caveat that they will not be returned.  

 

The deadline for the submissions is the end of July, so if you are a veteran or family member and have a story from this time period, please mail yours as soon as possible.  I would also ask that you bring in pictures that you want submitted if you are coming in for a meeting with Thom Cooper, myself, one of our attorneys or staff members.  We can duplicate them for submission to ensure that your original photos are preserved.

 

For more information please visit:

 

http://myemail.constantcontact.com/Department-of-Aging-News-Release–War-Era-Story-Project.html?soid=1101509709959&aid=BkFwO70EqO8

US Senate Bill Proposes Medicaid-like Rules on the VA’s Pension Benefits

 

By Attorney Dan Vu

The VA's Aid & Attendance program is a VA pension benefit used to assist Veterans when they need the “aid” and “attendance” of another person, whether that be at home, in an assisted living facility, or in a nursing home. The program was intended for the financially needy, those who would quickly out live their assets due to the high cost of care. However, presently, an applicant can legally gift their assets in order to qualify with respect to financial need. To correct this, the Senate plans to pass Senate Bill 3270.

Senate Bill 3270 will establish rules on gifting, similar to the rules on gifting in Medicaid. A three year look-back on gifts would be imposed to prevent applicants from gifting assets to immediately qualify. Gifts within that period would be penalized by a period of ineligibility. That period of ineligibility could be reduced by a return of a portion of the gift or cured by a return of the full amount of the gift. These rules will help keep the system fair, however, applicants should keep in mind that the complexity of the application process will undoubtedly increase and therefore, the time needed to process an application will also increase. Veterans and their spouses should understand and be ready to abide by the new rules, which will likely become law in the very near future. 

Memorial Day is More Than a Day Off

 

By: Steve Wright

As many people already know, Memorial Day is a day to honor American veterans who fell defending our way of life. Memorial Day was originally called Decoration Day, a day to remember fallen Union soldiers of the Civil War. As you can imagine, only the northern states recognized Decoration Day immediately following the Civil War. However, after World War I, Americans started to honor those who fought in Europe. At this time, Memorial Day was not yet an official holiday.

In 1971, the federal government made Memorial Day a national holiday when they passed the National Holiday Act of 1971. They designated the last Monday of May as the official day for Memorial Day. Over time, Memorial Day lost its meaning and become just another day off of work for many. Because of this the national government passed the National Moment of Remembrance resolution in a hope to restore meaning to the day.

The National Moment of Remembrance was a House resolution passed in 2000 that asks all Americans to take a moment at 3:00 pm and remember all those who sacrificed to protect our way of life. This is significant, as it is important that we remember those who made our lattes, flat screen televisions, and Xbox 360s possible. Many would even argue honoring the veterans who fought our wars is more important than celebrating the day we declared ourselves a county.

I hope many people read this and give up just a few moments out of their busy schedules on Monday the 28th and honor all veterans past and present. Pass the word to others, and let's be grateful for the sacrifices of these brave men and women who willingly stand up to protect us, even if we do not agree with the political reasons for it.



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