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Elder Law Office of David Wingate, LLC

Archive for the ‘Aid and attendance’ Category

A Veteran filed an initial lock in date, for Veteran’s Benefits,but has yet to file an application because Asset Planning is required, can the planning cause the claim to be rejected?

This question is not an issue of the claim being rejected; but the major issue is FRAUD.

Is their an organization or group that is willing or able to serve as personal representative and fiduciary, for the veteran, if they have no family etc?

The American Legion, DAV, or VFW.  If they cannot serve, they may refer someone who can.  Also, a shelter or local church who has a staff person willing to assume this role.  The VA can also assign fiduciary to an attorney, professional guardian, or nurse case manager, or here may be someone that could assume this position for payment.  The payment is made from the veteran's benefit money, but the VA would oversee this.  To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care…

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The VA requested that the Assisted Living Facility monthly charge be broken down into Base Rate and Medical & Nursing Services, to be eligible for Veteran’s Benefits.

Our philosophy is, if they request it, give it to them. However, in this case, the veteran was rated A & A by the doctor.

Why a world war two veteran was denied Aid and Attendance at an assisted living facility?

The Veteran was denied due to the word “Protective environment” not being on the doctor’s affidavit.

What do you do when a Veteran is physically unable to sign documents?

We recommend the claimant sign or make a mark (X) or thumb print on the forms.

If the client is already receiving the maximum widow’s pension (residing in assisted living facility) and her exempt home is sold, can the spouse protect any of the assets?

Therefore, transfer or sell the home BEFORE the claimant files.

If a Veteran dies before benefits are approved, is the spouse eligible for any benefits?

The surviving spouse is entitled to be reimbursed for burial benefits ($300 for plot and $300 for burial) and apply for a presidential memorial certificate.

Are Supplemental Security Income counted as income by the VA?

All Social Security benefits reported by VA claimants are matched with the figures recorded by the Social Security Administration (SSA) for verification.

Watch this Chicago Honor Flight Video.

The Chicago Honor Flight – this is a very moving film.

How do annuities work for VA A & A?

If a claimant has access only to income generated by the annuity, not the principle AND is irrevocable i.e. the claimant cannot change the terms of the annuity, during their lifetime, so no access to the  principle, then the VA should count only the  income stream, generated by the annuity, provided performed before application. Additionally, if the annuity income is paid to the veteran’s spouse, then annuity income of spouse, vet's and spouse's other incomes all count, regardless of whose name is on the income asset or who is the receiver of the income.  The income can be spent on…

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