Reverse Mortgages and Benefit Eligibility
The Aid and Attendance Benefit Program (discussed briefly in another entry) certainly seems ideal for those war veterans and war veteran spouses with large medical bills. That said, however, couples who benefit from this program may still face expenses such as property taxes, utilities, groceries—so they shouldn’t fall into the trap of thinking they have no more worries. As such, should you find yourself facing a deficit even after you receive benefits from this program, then you may want to consider a reverse mortgage to help supplement the benefit of the Aid and Attendance benefit program.
A reverse mortgage allows you to pull equity out of your home without paying tax on it. However, as you seek additional info about obtaining a reverse mortgage, you may also want to consider how factors such as Medicaid or other VA benefits affect your eligibility for these programs. For instance, while a reverse mortgage does not affect regular Social Security or Medicare benefits, those who receive Medicaid may be ineligible should they receive a reverse mortgage. To explain, the funds made available through the reverse mortgage must be used to pay for all medical expenses, and any leftover funds from the reverse mortgage can actually work to disqualify individuals from Medicaid. Because this process grows more and more complex as you consider other common factors, your best bet when navigating through this potentially confusing process may be seeking the professional advice of an Ohio elder law attorney.
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Aid and Attendance VA Health Care Benefit
Back in 2006, the Department of Veterans Affairs identified the Aid and Attendance VA Health Care Benefit as an under-used benefit by United States war veterans. This under-utilized benefit program is a great benefit that provides additional funds for long-term home care, assisted living, and nursing home expenses. More specifically, the benefit program offers a special monthly pension to wartime veterans and surviving spouses of wartime veterans that provides a significant financial contribution to those who require living assistance and/or those who have exceptionally large medical bills.
While you do need to be a wartime veteran or a surviving spouse of a wartime veteran to receive this benefit, you don’t have to be a wounded vet–you just need to have served. Also, generally speaking, to qualify, claimants must meet requirements that the VA deems as “incapable of self support and in need of regular personal assistance.” Those wartime veterans or their surviving spouses that suffer from the following types of conditions instantly qualify for the benefit: those diagnosed with Alzheimer’s, dementia, or some other type of cognitive impairment; those living in nursing homes; those with physical disabilities that require assisted living conditions (e.g., unable to dress, go shopping, prepare food). Also, your medical expenses MUST exceed your income. While you will want to contact a qualified Ohio elder law attorney to help you determine whether or not you qualify, another basic requirement for the benefit program is that the net worth of the claimant can’t exceed $50,000 for individuals or $80,000 for couples. (This is an important requirement to note if you’ve considered moving to an assisted -living facility or nursing home, as capital gains from a recently sold home may count as income that makes you exceed the $50,000 or $80,000 program cap.)
New Benefits Just Released For Brown Water Vets!
This post has important information that should be forwarded to anyone who served in Vietnam during the Vietnam Conflict.
Even though elder law attorneys are primarily focused on nursing home benefits for wartime veterans who may be eligible for “Aid and Attendance” (a long term care benefit which helps to pay for in-home care, assisted living care, and nursing home care), we are also keenly interested in veteran’s benefits for Vietnam-era veterans.
One of the ongoing scandals of our country is our failure to fairly compensate Vietnam war era veterans who were exposed to the poison called dioxin that was in the herbicide referred to as “Agent Orange” (AO). Many vets have been denied legitimate claims when trying to receive disability compensation for delayed diseases due to their exposure to AO. Agent Orange is still killing Vietnam veterans from all of our service branches.
The Veteran’s Advocates Group of America (VAGA) is an organizagion which provides educational materials and communication for those who are concerned about VA issues. It was reported to us recently by Karen McIntyre, president of VAGA, that the VA has just announced that veterans serving on certain ships in the waters of Vietnam during the Vietnam Conflict are now eligible for Agent Orange presumptive service compensation benefits. This also opens the door for surviving spouses, dependent children, and dependent parents who may possibly get death benefits due to the death of their Vietnam veteran spouse, parent, or child.
This decision to compensate “brown water” Vietnam veterans (“Brown water” means service in the rivers and delta areas of Vietnam) opens the door for VA health insurance as well. In the past, an Agent Orange claimant had to prove that he/she was a veteran who had “boots on the ground” in Vietnam before the VA would award service-connected compensation. But this recent “brown water” ruling finally opens the door for many of these deserving veterans and their dependents to get much-needed benefits as well.
It’s important to remember that there are many who served in Vietnam who have already died as a result of an Agent Orange condition-but it is NOT too late for survivor spouses or dependents to file for benefits! To find out whether you or a friend or family member may be elegible for benefits, please call my office today at the number below.
I have added a link at the bottom of this post (entitled “BrownWaterClaims”), which you can click on and download for information about Vietnam naval ships which worked in the inland waterways known as the “brown water” rivers and delta areas of Vietnam. This is a huge step forward for many of our veterans who were serving on “blue water” naval vessels but who also conducted operations in “brown water.” Individuals who served on these ships may be presumed to have had exposure to Agent Orange and its deadly herbicide called dioxin. Please forward this communication to all Vietnam war veterans and/or surviving spouses.
This expansion of coverage still leaves our “blue water” servicemen and women who served on naval ships at sea without adequate compensation. Despite the fact that it is now well known that Agent Orange was toxic to anyone who handled it, the federal government and the VA have continued to deny full coverage to many of our servicemen/women. The next big step is for our government to admit that anyone serving in the Vietnam theater of operations may well have been poisoned by Agent Orange. Nonetheless, let’s celebrate this victory and the extension of benefits to “brown water Vietnam veterans.” Hooray!
Cleveland, Ohio Elder Law Attorney Paul Stano Accredited by Veterans’ Administration
The Department of Veterans Affairs in Washington, D.C. has now welcomed me as an accredited attorney for the preparation, presentation, and prosecution of claims for veterans’ benefits before the Department of Veterans Affairs (VA).
This accreditation is a privilege which carries very specific responsibilities, one of which is the requirement to maintain the confidentiality of the information in the veterans’ records. As a condition of accreditation, you must comply with the laws governing the representation of claimants before VA in 38 U.S.C. Chapter 59 and 38 C.F.R. part 14, and provide representation in accordance with the standards of conduct established by VA in 38 C.F.R. § 14.632.
I am honored to be one of the only attorneys in Northeast Ohio accredited with the Department of Veteran Affairs. Our office sees many aging veterans who have served their country with dignity and pride and it has been an honor for me and my office to be part of helping them get the benefits they are entitled to now.
Most VA pensions are only for veterans who were actually wounded or disabled while they were serving in the armed forces. But, there are millions of wartime veterans, their spouses or widows that may be eligible for special monthly pension benefits solely because they are over 65 years of age and are homebound, in assisted living or in a nursing home. They only need to prove that their medical expenses exceed certain income and asset limitations. The maximum benefit available (up to $1840 per month in some cases) can provide significant help in paying for long term care costs. The divorced spouse is not eligible, nor is a veteran who was dishonorably discharged.
It can take between four and six months for the veteran’s application for benefits to be processed. Fortunately, all benefits are retroactive to the original filing date. However, if the veteran or their spouse is ill, it can be a challenge to get everything done quickly.
The veteran must have served during the following time periods:
World War I – April 6, 1917 through November 11, 1918, extended to April 1, 1920, for those who served in Russia. Service after November 11, 1918 and before July 2, 1921 is considered World War I service if the veteran served in the active military, naval, or air service after April 5, 1917 and before November 12, 1918.
World War II – December 7, 1941 through December 31, 1946, extended to July 25, 1947, when continuous with active duty on or before December 31, 1946.
Korean War – July 27, 1950 through January 31, 1955.
Vietnam War – August 5, 1964 (February 28, 1961 for those who were in Vietnam) to May 7, 1975.
Persian Gulf War – August 2, 1990 to date yet to be determined.
Somalia, Bosnia, and Kosovo – No dates have been set.
As an Elder law attorney, I am very familiar with the rules, regulations and the specific information and forms needed for the VA “Aid and Attendance” Program and understand the complex issues that confront the veterans and their families.
Our goal is to counsel the veteran and their family so that they can achieve peace of mind. We are dedicated to protecting and serving senior citizens and those who love them and doing so in the strictest accordance of the law.
If you have any concerns or questions, please contact me, Paul J. Stano, at 440-888-6448 or email elder@stanolaw.com. Veterans can also learn more about the benefits that they have earned by requesting a free copy of my “Consumer’s Guide to VA Benefits” at my web site.