AID AND ATTENDANCE BENEFITSFOR

QUALIFYING VETERANS

34 Jerome Avenue, Suite 310

Bloomfield, CT 06002

860-769-6938Henry C Weatherby, JD CLU, ChFC, CEBS

Growing Old in Three Minutes

One Stop Shopping for Long Term Care

•Getting the answers you need now•Locating government services •Finding professional eldercare services•Researching articles and books on LTC

Care Management, Guardianship, Conservatorship and Dispute Resolution

Non-Medical Home Care Home Health Agency – Medicare-Covered Home Care

and Hospice Home Maintenance, Deep Cleaning, Remodeling and

Yard Work Veterans Benefits

Reverse Mortgage Specialist Elder Law Advice and Medicaid Advice

Estate Planning and Tax PlanningTrust Management Services

End-Of-Life Planning Care Facility or New Home Search, Relocation,

Downsizing and Real Estate Insurance Products, Retirement Planning; Financial Advice

careconnecticut.org

Weatherby & Associates, PCA Life Care Planning Law Firm

Traditional elder law firms focus on saving the elder’s money to pass on to the next generation.

Life Care Planning law firms focus on using the elder’s resources for the elder’s benefit, with the goal of maximizing quality of life and independence, as well as protecting any inheritance the elder may wish to leave.

Weatherby & Associates, PCAn Elder-Centered Law Firm

Life Care Planning law firms use a model called the Elder Care Continuum to help families understand the natural progression of aging and its impact on a loved one’s health, mobility, housing, and financial resources.

This approach relies less on crisis-oriented transactions and more on the development of on-going relationships with families to manage transitions.

What is Long Term Care or Eldercare?

Need for physical, emotional or supervisory support from a caregiver 80% of care is provided by family in the home Changing demographics are making family-provided care difficult

The Cost of Care – More than Money

Statistics

60% of us will need eldercare at some time

40% of all seniors will spend some time in a nursing home

44.4 million adult caregivers in this country – 21% of the population

Provide 21 hours a week of care 4.3 years average time spent

providing care

Most Seniors Fail to Plan for Their Care

57% worry about paying for care 69% have done little or no planning Another 20% mistakenly think the

government will cover their care

Most Seniors Fail to Plan for Their Care

So, What Happens?? Families did not plan and the need for

care usually occurs without warning Working caregivers end up in panic mode

Brian Williams on Aid & Attendance

VETERANS BENEFITS

A variety of benefits for those who qualify

Highly underused by otherwise qualified veterans and spouses (4.7% of those eligible as of 2005)

Important to coordinate with other governmental benefits (i.e. Medicaid)

Fact: Connecticut ranks near the 48th out of 50 in the percentage of veterans receiving compensation for disabilities from the VA. Only 7.2% of our veterans are receiving benefits.

Fact: Veterans who use service representatives receive three times as much in benefit monies than those who do not use representatives.

Source: Connecticut Department of Veteran’s Affairs, Office of Advocacy and Assistance

Fact: 15% of the cases rated by the Federal VA contain an error

Fact: An estimated two million impoverished veterans and their widows are not receiving the VA pension they deserve because they do not know about it.

Source: Connecticut Department of Veteran’s Affairs, Office of Advocacy and Assistance

Fact: Veterans who turn to the Federal VA may want a second opinion.

22% of telephone inquiries were answered completely wrong, 23% were minimally correct and 20% were partially correct.

Source: Connecticut Department of Veteran’s Affairs, Office of Advocacy and Assistance

VA ACCREDITATION

Effective June 23, 2008, only attorneys accredited by the Veteran’s Administration may assist with the preparation of benefits applications. See C.F.R. § 14.629.

Unaccredited individuals may provide other services to veterans so long as they do not assist in the preparation, presentation, and prosecution of claims for benefits.

COMPENSATION

Income to compensate for potential loss of income in the private sector due to a service-related disability, injury, or illness Benefit amount depends on degree of disability

(2010 ranges from $376 to $2,673 per month) May apply for a redetermination if the condition has

worsened Can apply many years after leaving the service

Veterans Health Administration Long Term Care Benefits

Home-Based Care Contract Home Care Adult Day Health

Care Homemaker and

Home Health Aide Residential Care Respite Care

Home Hospice Care Domiciliary Care Telehealth Geriatric Evaluation

and Management Nursing Home Care HISA Grants

Home Improvements and Structural Alterations (HISA)

Grant to pay for necessary alterations to home to accommodate disability.

Certain service-connected disabled veterans can receive a lifetime benefit of $4,200 (means-tested low income can receive lesser amount of $1,200)

A clause in eligibility statute allow veterans with A & A or housebound ratings to also receive these grants

Burial and Memorial Benefits

Burial allowances are partial reimbursements of eligible veteran’s burial and funeral costs. Need to satisfy one of a number of conditions;

(ex. veteran was receiving VA pension or compensation at time of death) Service-related deaths up to $2,000 Non-service related deaths up to $300 towards

burial and funeral expenses and $300 for plot internment

Accrued Benefits

Benefit effective date is when an application is filed. The veteran or surviving spouse must survive the

application period to begin receiving benefits

May be significant amount due from a compensation redetermination if adequate evidence provided that the VA erred years before

PENSION

Supplemental income to older or disabled veterans for reasons other than service-connected injuries or illnesses and who have a low income.

Prior to VA ApplicationNeed:

Discharge Papers Medical evidence for rating Care services already in place and evidence of

payment VA power of attorney (if needed)

Our help can ensure a fully developed claim for the maximum benefit with the

least time for processing the claim

Getting Started

Two Types of Pension Benefits

Living Veteran

For a living veteran (single or married)

If younger than 65 must be totally disabled (over 65 need not be)

Death Pension

Single surviving spouse of a veteran who would have been eligible

Married at least one year or have a child from marriage

No requirement for veteran to have been 65 or spouse to be 65 before application

No need for total disability if veteran death before age 65

Two Types of Pension Claims

First, may have veteran households with low income and few assets. Rating not required but will result in much less income.

Second, households with higher income and disposable assets that are also incurring the higher costs of long term care. A rating is required for these claims.

Service Requirement

VA “RATINGS”

VA gives an additional income allowance if applicant is in need of the "aid and attendance" of a caregiver or considered "housebound."

Estimating the Pension Benefit with Aid and Attendance Allowance

Countable Income Pension Benefit

Family income $2,400 Allowable benefit $1,950

Unreimbursed medical

$3,310 Less countable income $0

Countable income -$910 Pension benefits $1,950

Please Note: VA calculates benefits and costs on an annual basis and divides by 12

Estimating the Pension Benefit with Aid and Attendance Allowance

Total Family Income

Family income $2,400

Pension benefit $1,950

Total income $4,350

Please Note: VA calculates benefits and costs on an annual basis and divides by 12

Using Aid and Attendance

…to Pay Any Person for Care in the Home (including children, but excluding spouses)

…to Pay for Professional Home Care Services

…to Pay for Assisted Living …to Pay for a Nursing Home

Unreimbursed Medical Expenses

Little publicized provision allows adjusting countable income downward for certain types of expenses.

Rating and special documentation is required.

Income & Asset Tests

INCOME

Household countable income must be less than the Maximum Allowable Pension Rate (MAPR) Single veteran ($1,645/mth) Veteran couple ($1,950/mth) Surviving spouse ($1,057/mth)

ASSETSHousehold cash or assets that can be readily converted to cash cannot exceed approximately $80,000 (decided case-by-case)

– Exempt assets include personal residence, vehicles, and personal property

Don’t Meet Asset Test? You Need Our Help!

To meet the asset test… Assets can converted to income Assets can be gifted without penalty

But, consult an expert versed in both Medicaid rules and VA benefits so Medicaid eligibility is not jeopardized!

Can use certain types of trusts

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Please complete and return evaluation form in materials

Questions? Feel free to call us at

860-769-6938

Email: hank@weatherby-associates.com

Thank You!