David Wingate in Frederick MD Frederick, MD  David Wingate in Frederick MD 301-663-9230 David Wingate in Rockville MD Rockville, MD  David Wingate in Rockville MD 240-453-0070 David Wingate in Hagerstown MD Hagerstown, MD  David Wingate in Hagerstown MD 301-360-5949
Elder Law Office of David Wingate, LLC

Archive for the ‘Aid and attendance’ Category

A VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

if you are a veteran or a family member acting as agent, filing for aid and attendance, inform the facility that ABSOLUTELY NOBODY from the facility has permission to speak to the VA. If a VA rep calls, he/she should be referred back to the agent of record.

the VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

Consequently, if you state your claim correctly, have all your necessary documentation, and don’t allow any parties to talk to the VA adjudicator, you may not have been denied.

If my mother sells her house before moving into Assisted Living, does she have to count that money as income?

If you mother has plans to sell her house, then it is always best to take care of these issues before applying for A&A.

The VA did not consider prescription co-pays as there is no ability to predict their on-going requirement.

We suggest review the pharmacy print-out and line out everything that is not recurrent

What is the VA procedure of a DRO and a BVA?

Briefly, a DRO is at the local VARO office and can be requested by a claimant at any time.  This senior adjudicator and can overturn the original's adjudicator's decision and approve the claim.  If he denies the claim, he must send a statement of the case which gives the claimant the reasons for the denial. From the time that a DRO denies the claim, the claimant has only 60 days to file his formal appeal with the BVA, using form VA9. The Board of Veterans Appeals (BVA) is part of the VA and is in Washington.  Its judges review claims that were…

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There are a number of financial organizations that abuse seniors and those who refer to them, if they knew or should have known that the senior (or disabled) was likely to be financially abused.

There are a number of financial organizations that abuse seniors and those who refer to them, if they knew or should have known that the senior (or disabled) was likely to be financially abused. For statutes related to annuity and financial abuse see (www.riesslaw.com).  On this website, you will find the statutes and California case law. Combine that with information you can find on the California Advocates for Nursing Home Reform website and that of the State Bar AND the Attorney General’s website. 

WWII veteran had a previous marriage in the 1950’s, the Veteran recently died, and daughter filing for VA Benefits for Mom, who has dementia. Daughter asked do I need to disclose previous marriage?

he law requires full disclosure of all previous marital information for both the veteran and spouse in the case of a married veteran filing or a surviving spouse filing.

An Accredited VA Claims Agent discusses how many senior care providers are “not compliant” with the current VA regulations on assisting veterans

For anyone in the assisted living, senior housing or home care industry this is a “must listen”

A Client asked what VA benefits can I collect?

Speak with a VA benefits counselor at your local benefits office.

Why was I denied DIC benefits related to Parkinson’s Disease?

If you previously applied for VA benefits and were denied, you may want to reconsider now, especially if you were in Vietnam.

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