The U.S. Court of Appeals for the Second Circuit upholds a district court ruling that Connecticut cannot treat the income stream from an annuity as an available asset for the purposes of Medicaid eligibility. Lopes v. Dept. of Social Services (2nd Cir., No. 10-3741-cv, Oct. 2, 2012). After John Lopes moved to a nursing home, his wife, Amelia, purchased an annuity. She received a letter from the annuity company stating that no part of the annuity was assignable, including periodic payments. Mr. Lopes applied for Medicaid. The state identified a potential buyer of the annuity's income stream and directed Mrs. Lopes to…
For veterans and the veteran’s surviving spouses who want in-home care or are in an assisted residing facility, help is available. The Veterans Administration has an underused pension called Aid and Attendance. This benefit gives money to those that require help performing regular basis tasks, bathing, feeding, dressing, or going to the bathroom, bedridden, blind, or residing in an assisted living facility or nursing home. However, you have to further qualify for this benefit. Aid and Attendance is available to veterans who served not less than 90 days, with at least one day during World War II, Korea, Vietnam or…
The net rental income ( less mortgage, taxes, insurance, maintenance, home owners association fees, etc.) is income to the veteran, as "other income" on the primary application form (either the 21-526 or the 21-534), explain in the remarks section, income from the primary residence. However, the primary residence to be considered a non-exempt asset, the veteran must retain the rights of occupancy. Consequently, state the veteran retains full rights of occupancy to move into the residence at any time and has retained a locked portion of the home for storage of their property.
Depends. The VA may seek an explanation how a veteran with limited means is paying their high UME. Include form 21-8049. Therefore, the adjudicator can verify the incurred non-medical expenses; otherwise, the adjudicator may decide that the son is paying for veteran's UME. With the declaration of non-medical expenses, the adjudicator can verify the son’s money is spent on family maintenance in lieu of the UME. M21-1MR, Part V, Subpart iii, Chapter 1 b. Maintenance Do not count the value of maintenance. In other words, if someone furnishes a claimant free room and board, or pays the claimant’s bills, the…
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