By Steve Wright
If you have a parent or loved one who served our country in a time of war, and they are in need of medical care or assistance, then applying for Aid and Attendance benefits through the Department of Veterans Affairs is a perfect option. The Aid and Attendance program provides monthly benefit payments to help veterans and their spouses pay for needed care. However, the process can be daunting as the VA requires a great deal of information and time to reach a decision. Because of this we owe a duty to those who served our country to get the process started in a timely and accurate manner.
The process of applying for Veterans Aid and Attendance benefits requires that a fair amount of information about the veteran and/or their surviving spouse be submitted to the Department of Veterans Affairs. In addition, the process of getting approval is a long process as the VA usually takes about six to eight months to make a decision. For of these reasons, it is necessary to ensure that required information is reported accurately the first time. Otherwise, the VA could request more information and in some cases reject your claim, which will cause further delay for your loved ones who need the care.
At Cooper, Adel, & Associates we know the process very well, and we have staff dedicated to helping you understand and get through the process. By meeting with our staff we can guide you throughout the process by helping you gather the information the VA requires and informing you how to properly submit that information. We can also help you coordinate benefits across government programs so that actions you take to qualify for one program do not later disqualify you for another.
By Steve Wright
Today, rising health care cost associated with assisted living and in home care, has many seniors and their families worried about how they are going to pay for these expenses. However, a program through the department of Veteran’s Affairs known as Aid and Attendance can help qualifying veterans or their surviving spouses. With this program, veterans and their widows can receive money desperately needed to pay for in home care or other assisted living facilities. All to often in life, we miss opportunities like this because we are unaware that they exist.
My life was actually affected by this recently. In June of last year my grandmother had fallen while in the kitchen, and she broke her hip. She had to go to the hospital to have surgery, and because of her age she needed to recover in an assisted living facility. My grandfather had the month that she was supposed to be in the facility easily covered. However, because of unexpected complications due to her age, my grandmother ended up staying in the facility until October where she passed away. My grandfather on the other hand faced mounting pressure. Not only because his wife of over 65 years had passed away, but also because the heavy financial burden that came with trying to pay for assisted living. My grandfather did not know about the Aid and Attendance program offered through Veterans Affairs, which in some cases can even be used by spouses of veterans. If we had known about this program he could have saved himself some stress about the financial arrangements, and focused more on his last days with his loving wife.
At Cooper, Adel, and Associates, we pride ourselves on being able to help seniors cover these rising costs of care. Because of this, we have attorneys that are licensed to practice in the Court of Appeals for Veteran’s Affairs, and accredited to file claims on behalf of veterans at the VA.
By Josh Sharp
Unfortunately the answer is no. The only time you will hear from the VA regarding an Eligibility Verification Report that you submitted is when there is a problem with the forms. If there is a problem, you will receive a letter detailing what the VA feels is wrong with the forms.
This is why it is a good idea to use certified mail with return receipt requested whenever you send anything to the VA. It is always good to have proof that the VA has received an item in case it is lost or mishandled.
If you need assistance in planning or coordinating benefits, please call our office.
By Josh Sharp
There are two major categories of VA benefits: VA Compensation and VA Pension. You must qualify for benefits and it is likely that only one will be appropriate for you.
VA Compensation is the program is for veterans who were injured in the course of their duties on active duty. If you can prove that you are disabled because of your service, then you should apply for VA Compensation.
VA Pension is the program to apply for if need assistance with the activities of daily living. You did not need to be injured on active duty to qualify for this benefit. VA Pension is a program to help veterans who are disabled and have high medical costs.
Trying to make informed decisions when deciding to apply for benefits can be difficult, which is why it is always a good idea to consult an attorney prior to making the application. By talking to an attorney you can make sure that you will qualify for the program you are applying for, and be sure that you are not hurting yourself long term when it comes to other benefit programs such as Medicaid. Please contact our office if you would like a free appointment to discuss VA benefits and which one is right for you.
By Kathy Cooper
March is the month to recognize the women who serve and have served in the military. If you are under the impression that only a few served in conflicts like WWII, let me set the record straight:
During WWII …
- WASPs flew 60 million miles in every type of aircraft in the Army Air Force arsenal, were test pilots for B-26s and B-29s to prove to male pilots that they were safe to fly and flew every type of mission possible, except combat.
- WASPs paid their own way to go into training and their own way home when the WASPS were disbanded.
- Those WASPs who were killed flying for our Country received no honors, no benefits and no American flags to cover their coffins.
- Over 400,000 women were in served in the Army, Navy Cost Guard and Marines; 565 women received the Bronze Star.
Even though these women served their countries, they did not enjoy the privileges of the GI Bill or low interest housing loans or VA benefits as did their male counterparts until very recently. The Center for Women Veterans was established in 1994 to help get the message out to these overlooked veterans.
Today, women veterans and their families can expect to receive the same benefits available to male veterans. Please take this as a call to action: if you know a woman who served but might not know about benefits available to her and her family, encourage them to call us or otherwise seek information today. They earned it!
By Daneen Cline
On February 27, 2011, Frank Buckles died at his home in Charles Town, West Virginia. His death was due to natural causes, not surprising since he was 110 years old. So why was his death covered by CNN, MSNBC and Fox News as well as newspapers across the country? He wasn’t the oldest living American, so what was so special about Frank Buckles?
The answer to that question is that Frank Buckles was the last surviving US WWI veteran. Not only does he have the distinction of being the last surviving US WWI veteran, he was also the last survivor who served under the Allied Forces in “The war to end all wars.”
Mr. Buckles lied about his age and enlisted on August 14th, 1917 at the age of 16. He then joined nearly 5 million Americans who fought in WWI through the end of 2018. After his service in WWI, he returned to civilian life and during WWII on a business trip to the Philippines, he was captured by the Japanese and spent the next 3 years as a civilian prisoner of war.
To learn more about the life of this American patriot you may visit the Veterans History Project at http://lcweb2.loc.gov/diglib/vhp/story/loc.natlib.afc2001001.01070/. This website offers interviews with Mr. Buckles as well as official documents such as his enlistment and discharge records.
The documentary film Pershing’s Last Patriot: The Frank Woodruff Buckles Story is also slated for release later this year.
The family of Mr. Buckles requested that those wishing to honor his memory do so by donating to the National World War One Legacy Project. This project is managed by the nonprofit organization, Survivor Quest, and its goal is to educate students about WWI and Mr. Buckles.
If you are a veteran, make sure you know about the benefits to which you may be entitled. Give us a call for more information.
By Attorney Mitch Adel
In a recent story in the Columbus Dispatch it was reported that while most believed that one of the causes of budget problems in Ohio was a result of the state paying nursing homes under the Medicaid programs, it was actually shown that the cost of the state pays for nursing home care has not increased since 2004. While the actual cost of a nursing home has increased since that time, the State acknowledged paying less for that service as an increasing number of people are seeking alternatives for their long term care, like assisted living or at home care. After discussing the issue with some of the clients of the Cooper law firm, they said they preferred planning for those alternatives to nursing homes, but understood the need for those services and reasons for protecting their assets.
One of the most preferred alternatives to nursing homes with our clients is caring for their family members in their own homes. While, the state of Ohio does have programs for at home care, unfortunately the amount of care they provide is very modest, in most cases those programs include a maximum of 20 hours a week. Fortunately for a good percentage of our clients that are Veterans or widows of veterans we have found that the the VA Aid and Attendance Pension benefit is a much better fit. Married veterans that qualify can receive $1,949 a month to be used to pay for medical expenses including bringing caregivers into the home. (A single veteran is eligible for $1,644 a month and the widow of a veteran is eligible for $1,056 a month)
One of the best fits for this benefit and at home care that we frequently use involves parents hiring their children to care for them. Families can obviously hire outside professionals to care for their loved ones at home, but, parents can also pay their children to care for them at home with monies received from the VA. I urge that if you do use this technique as your medical expense in the qualification of benefits you follow the appropriate formalities. Failure to do so might result in the VA demanding an overpayment. I have unfortunately had to represent families in dealing with the VA where the family could not prove the actual arrangement and as a result owed a back payment to the VA of thousands of dollars.
A few easy steps to ensure you are not involved in those VA demands is to make sure that you have a legally binding contract of care, even if signed between family members and making sure that you can prove that payments under such agreement have actually been made. Looking at these steps individually:
- Personal Care Agreement- The risk of not having a legally binding contract of care agreement is magnified in the event that the person receiving the care at home eventually needs other state benefits including Medicaid. If there was no agreement in place that could be proven to the state, the monthly payment amounts would be viewed as gifts or transfers in return for no value and could preclude qualification for state Medicaid benefits.
- Payments under a Personal Care Agreement- Being able to prove payments were made means that the person receiving the care, must be prepared to be able to show the VA cancelled checks to the caregiver and alternatively the caregiver must be prepared to show that they received the income and that they are filing this income with their annual income taxes.
If you are interested in alternative planning options to nursing homes or veterans benefits, please get in to see one of our qualified staff members as soon as possible.
By Josh Sharp
According to the VA website below, there will not be a cost of living adjustment this year to Social Security. Because VA benefit adjustments are based on adjustments to Social Security, VA benefit rates will not see a change in 2011 and will remain the same.
VA Website:
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=2027
The Thom L. Cooper Company has five attorneys in Ohio who are accredited by the Veteran’s Administration to assist veterans. Give us a call if you are a veteran or a widow of a veteran to see if you qualify for benefits.
By Josh Sharp
I have heard from many clients that they have researched this and that they found out that the asset limit for VA benefits is $80,000. In some cases this may be true, but for the majority of claimants, this will not be the case.
Unlike Medicaid, which has a fixed asset limit ($1500 in Ohio), VA does not have a bright line test. The VA will consider your total assets, gross income and unreimbursed medical expenses. They will compare those things to a life expectancy table. In other words, the VA has a “hidden number” which you will not be able to easily determine without help. If you apply for benefits without knowing this hidden number, you may be unnecessarily disqualified from receiving benefits.
What the VA is looking for is whether or not the claimant is expected to outlive their assets. If the answer is no, then the claimant’s asset level should qualify. If you think that you would qualify, but are not sure, please contact our office as we help many clients arrange their assets to be sure that they will qualify.
By Attorney Mitch Adel
Yesterday, while doing research on the historical significance of December 7, I came across a tremendous amount of information about World War II, and this article about the only living Veteran of World War I.
The interesting thing about this one World War I article is why today, December 8th, is significant to him. That’s right, Frank Buckles of Missouri is only ONE surviving Veteran of WWI today. Frank is 109 years old this year. In the following article, he recalls his personal stories of service, beginning at the time he enlisted in WWI after lying about his age. He also tells why December 8, 1941 has more meaning to him personally than December 7th, the day after the Japanese bombed Pearl Harbor bringing the United States into World War II. As you will discover, on that day he was taken prisoner by the Japanese and held for three years.
This article reminds me that fortunately his stories are being recorded for all of us and for his family as well. As veterans who served during these earlier wars are getting older, with World War II veterans now in their 80s and 90s, it is more and more important to get their stories recorded. Every day at our office we assist veterans and their families to get the Veterans Benefits they earned, and whenever we have the opportunity, making sure that we video record these veterans telling their stories from the service times.
http://www.columbiatribune.com/news/2010/nov/07/the-war-to-end-all-wars/
If you have a parent or loved one who served our country in a time of war, and they are in need of medical care or assistance, then applying for Aid and Attendance benefits through the Department of Veterans Affairs is a perfect option. The Aid and Attendance program provides monthly benefit payments to help veterans and their spouses pay for needed care. However, the process can be daunting as the VA requires a great deal of information and time to reach a decision. Because of this we owe a duty to those who served our country to get the process started in a timely and accurate manner.
