By Attorney Mitch Adel
As an attorney accredited by the Department of Veterans Affairs to file claims on behalf of veterans, I was interviewed earlier this week by a central Ohio AM radio station to discuss a benefit that is all but hidden to most veterans. During the interview we discussed the benefit known informally known as Aid and Attendance. The more formal name used by the VA is the Non-Service Connected Disability Pension benefit. I stress that this is a “hidden” benefit because, while there are many veterans who could qualify for it, few actually know about it. This is a reality that I experience first hand twice every week during educational workshops I present for seniors. When I ask for a show of hand as to how many veterans are in the room, and then another asking for a show of hands of those who knew about the benefit, I find that very few who could qualify know that they do.
For this, Veterans Day, I would like to again thank those who served and share with our readers how to qualify.
Pension- “I only served 6 months”
To most, the word pension refers to a retirement benefit following years of service. This benefit, however, is available to veterans with a minimum of 90 days of active duty with at least one of those 90 days during a statutory war time period. In addition, the veteran’s service did not have to be overseas and the veteran did not have to be injured during their service.
PERIODS OF WARTIME:
World War II – December 7, 1941 – December 31, 1946
Korean Conflict – June 27, 1950 – January 31, 1955
Vietnam Era – August 5, 1964 – May 7, 1975
Who is Eligible- “Do I have to be in a Nursing Home?”
The benefit is available to veterans and their widows if they need assistance with the activities of daily living. Activities such as getting out of bed, dressing, cooking, bathing, eating, taking medication. In order to determine that the veteran or widow has a need for this benefit, it is not necessary to be evaluated by a VA doctor, rather, the applicant’s family physician can make the determination. Again, the disability or need for assistance does not have to be associated with their military service. The benefit can be used to pay for private-pay nursing home, assisted living costs or even home health care costs.
How much am I eligible to receive?
There is a base amount, but if the veteran or widow is evaluated as needing the aid and attendance of another to avoid the hazards of daily living, they can qualify for the maximum amount, set to increase with the 3% cost of living adjustment next year.
MAXIMUM MONTHLY AMOUNTS:
$1,949 – Married Veteran
$1,644 – Single Veteran
$1,056 – Widow of Veteran
Life Expectancy Test- “Does it matter how much money I have?”
In the past, the VA had a cap on assets of $80,000 in order to qualify for this benefit. Today, that cap been eliminated. The VA is now reviews each claim and makes a decision on a case-by-case basis. The VA is reviewing the amount of assets owned by the veteran or widow (not including their house), their age and how much they are spending out of pocket on their care.
EXAMPLE:
Veteran has $40,000 in assets (not including residence)
Income of $1,000 a month
Assisted Living Cost of $3,000 a month
Drain on Assets $2,000 a month
Veteran will be out of money in 20 months
If veteran’s life expectancy is greater than 20 months, the veteran will qualify for the Aid and Attendance Pension benefit
Application Process
There are many forms to be completed in order to apply. If the forms are not completed properly they will be rejected, which will result in a delay. The Department of Veterans Affairs regularly takes 8-12 months to make a decision on a case. I cannot stress enough that veterans and widows need to be sure that they are qualified when they apply. If the applicant did not qualify on the date of application, they could wait 12 months for a denial and then be forced to start all over while lose the opportunity for the retroactive payment. On the other hand, if the VA determines that the veteran or widow did qualify 12 months ago on the date of the application, the VA will send a retroactive payment for all the months from the date of application through the date of the decision. It is not uncommon to receive a retroactive payment for thousands of dollars; personally I have seen checks awarded to veterans in the tens of thousands of dollars.
This process can be very intricate, the slightest mistake or over looked detail can result in delay or denial, please make sure that if you are applying, you seek the assistance of the Department of Veterans Affairs, your local Veterans Service Office or one of our accredited attorneys.
Once again, thank you to all those who served and are currently serving.
As an Elder Law Attorney at Cooper, Adel & Associates, my work focuses on helping seniors get help paying for the costs of nursing homes, assisted living, and in home care services. This means helping clients identify and apply for a range of government programs that can help pay for medical services. Many of my clients have been hit hard by the financial crisis, and are struggling to pay for medical and nursing care. Additionally, they are concerned that government programs may no longer be available due to the budget cuts that have take place throughout local, state, and federal government. However, there are many programs available including Veterans Benefits, Nursing Home Medicaid, and PASSPORT in home care. In fact, some programs have even begun to expand in recent years.
