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Elder Law Office of David Wingate, LLC

Posts Tagged ‘medicaid’

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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Should I use an annuity to get Aid and Attendance?

But be careful the type of annuity you purchase, and the financial company, you are purchasing from.

For VA aid and attendance, can a Veteran use his rent payment as well as his medical expenses?

If the medical expenses do not offset the total household gross income, there is no pension; regardless of any other claimant’s non-medical expenses.

What happens when you receive a VA denial because the VA looses paperwork?

Therefore, if you have the receipt, you can prove the VA lost the paperwork on their end. Accordingly, re-send the VA another copy of everything with a statement in support of claim form requesting that the VA continue processing the claim affective from the date on your receipt confirmation.

Can a daughter sign the Vet’s application?

Absolutely, NO. The law requires the Vet’s signature to be his/hers and does not allow someone else to sign, even a power of attorney, and even if the Vet is incompetent. A Vets daughter cannot sign for the Veteran, the completed forms required to apply for compensation. Her father/Vet must sign his name on all of the forms (526, 21-22, 4142, 2680, etc.) 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 Planning, LLC, go to info@seniorlcp.com or if you require additional…

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Unless an individual or organization is accredited with the VA, they cannot complete, assist, or consult on any VA application.

Some of these organizations arrange for very inexpensive Veterans Trusts and perhaps even pay third parties to complete the VA application, which is prohibited by law, just to be able to sell an annuity (which may or may not be the right product for the client).

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