What Is VA Pension With Aid And Attendance?

April 25, 2023

VA Pension with Aid and Attendance is a pension for wartime veterans and their surviving spouses. The wartime periods for the seniors I’m working with primarily include World War II, the Korean War, and the Vietnam War. The Gulf War, which is still going on, also qualifies as a wartime period, but those are younger folks that I don’t typically see in my practice.

If you served in a wartime—whether you were here behind a desk or on a battlefield—Congress has provided a long-term care benefit for you called Aid and Attendance. It’s structured in the form of a pension where they pay you money to help cover your care as you get older and need assistance in two activities of daily living or have cognitive impairment that requires a protective environment (meaning you can’t live alone anymore). The activities of daily living include the abilities to feed yourself, dress yourself, bathe yourself, move around without assistance, and go to the bathroom without suffering incontinence or toileting issues. You must perform these five activities on a daily basis to have a healthy living environment.

Though this pension is riddled with rules and income/asset requirements, it’s intended to help wartime veterans, or the spouses of wartime veterans who have survived them, with their activities of daily living. The maximum benefit is about $2,200 a month for a married veteran and about half of that for the surviving spouse of a married veteran, so it’s not a lot of money. Sometimes, though, it can make the difference in being able to afford that little bit of extra care you need as you get older.

If My Application Was Denied, Can I Appeal or Should I Reapply?

If your application was denied, let me see why you got denied so that I can determine whether it’s correctible or not. If it is, we’ll reapply and get you Aid and Attendance. In many instances, not only can I get you the benefit, I can get it retroactive back to the date of your original application, as long as we do that within a year of your denial. If it’s been over a year since you’ve been denied, we do have to start over.

I’ve been an accredited attorney with the VA since 2012, and during that time, I’ve perfected my practice around this particular benefit. I’m seen as the go-to person in Central Arkansas for this benefit thanks to my reputation of being able to get people qualified. Over the course of time, so far I’ve been approved for over 200 cases that I have personally worked on and have only had three denials. So, I understand this benefit like the back of my hand, and I can tell you whether or not I can get you this benefit on the front-end, with almost certainty that I will get it for you.

I would not take a case if I didn’t think I could win. There’s no point in paying me to do something I know you’re not going to qualify for, because I understand the rules. When people get denied, it’s often because they didn’t know how to get through the system when it’s so riddled with red tape. If you don’t dot your ”I”, if you don’t cross your ”t”, if you don’t give them the information they want or need, they will deny you. And it doesn’t mean that you’re not eligible or that you don’t qualify; it’s because you didn’t get through the system. This system will chew you up and spit you out.

Getting VA Aid and Attendance is kind of like trying to apply for Medicaid. If you don’t know the rules, if you don’t know how to fill out the forms, you will go bug-eyed trying to do it and then wonder why you didn’t get it in the end. I have had many clients come to me after they’ve been denied. I file a supplemental claim, I take it back to the VA, and I get them approved because there’s a madness to this method about getting people through the system.

Will the Reason I Was Denied My VA Benefits Be Made Clear in the Denial Letter?

The VA will tell you why you’re denied, although it may not be the absolute reason. You probably just didn’t provide them the right information or get back to them in time or something similar pertaining to the red tape. It may have nothing to do with the eligibility criteria.

After reviewing your denial letter and application, I can give you a clear reason why you were denied. I know what you have to do to prove your eligibility, so seeing what you’ve given them or not given them (in addition to what the denial letter says) will be enough to determine the reason for your denial.

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Beginner's Guide to Estate Planning

By Kimbro Stephens • July 31, 2024

Estate planning can feel overwhelming for those who have never put together a plan or who haven’t reviewed theirs every three to five years as recommended. The good news is that with the help of a specialized lawyer, this process can go much more smoothly and efficiently than many anticipate. In that vein, we thought we would share a general checklist that we send to our clients who are preparing to create or update an estate plan. Essential Components of an Estate Plan Beneficiary Designations Make sure you name a beneficiary for all non-probate assets, including 401(k)s, IRAs, life insurance policies, pensions, and bank accounts. For those who already have an estate plan, it’s important to ensure that the person currently named is still the person you want to be the beneficiary. Financial Power of Attorney Choose someone you trust who can make financial decisions for you in the event you are unable to do so. Advanced Healthcare Directive Ensure your medical preferences are followed using a living will. In addition, you’ll want to name a trustworthy friend or family member (often a spouse, parent, or child) as your medical power of attorney. This person will make medical decisions for you in the event you are unable to do so. Name a Digital Executor In this day and age, it’s wise to name a digital executor. This person can follow instructions you leave regarding all of your digital assets, such as bank accounts, social media, digital files, photos, and online storage. Proof of Identity Make sure all of these documents, including your marriage license/divorce certificates, Social Security card, and prenuptial agreements, are in one place and easy to locate. Property Deeds and Titles Confirm that all deeds and titles are up to date and in an easy-to-locate place–and if you’ve established a trust, make sure to retitle your property to list the trust as the owner. Funeral Instructions Make a list of your preferences regarding your funeral and place it with your will and other important documents. List your preferences, such as whether or not you wish to be cremated, a passage you want someone to read, or a list of preferred charities for donations. Insurance Information Gather all of your policies and make sure your executor knows where they are and what to do with the information. While this is not an exhaustive checklist, it’s a good jumping-off point to work from in consultation with an estate planning professional. Estate planning is not something people love to talk about, but it is important that it is done–and done right. Common Estate Planning Mistakes to Avoid Failing to Include Power of Attorney A power of attorney names someone you trust who can act in your stead should you become medically incapable of making important financial, legal, and/or medical decisions. Misunderstanding Your Estate Plan It’s critical you take the time to read through and understand the plan, what it entails, and what will happen when it is put in motion. Forgetting to Update It as Circumstances Change Our lives evolve constantly, and it’s important that your estate plan reflects changes. We have dealt with estates where assets and money were left to ex-spouses or deceased family members. Additionally, we have seen feelings hurt by a family member who was left out of the document because they married into – or were adopted into – the family after the plan was created. It is vitally important that you revise your plan at least every five years to make sure your wishes are reflected and followed. Failing to Fund Revocable Trusts Many estate plans include a revocable trust. Assets owned by the trust are protected from being tied up in probate court. Your attorney will draw up the appropriate paperwork, but you will need to transfer the relevant assets to the trust. For example, your house will need to be owned by the trust and not by you individually. Many clients fail to realize this and skip this important step, negating the work they did in creating the trust in the first place. Conclusion Estate planning is a crucial step in ensuring that your assets are managed and distributed according to your wishes. At Jurist Law, we are here to guide you through the process, making it as straightforward and stress-free as possible. To learn more about estate planning and to get your questions answered, attend our upcoming event. Our experienced lawyers will provide valuable insights and help you take the first step towards securing your legacy.

Is It Too Late to Save Resources If Our Loved One Is Already in the Nursing Home?

May 20, 2024

It’s never too late to save money. If, however, you wanted to save 100% of your money, you should have started planning five years before you needed Medicaid (through a Medicaid asset protection trust). You can give assets away, but any assets you give are counted for five years against you for Medicaid purposes. Most of my clients who come to me who haven’t done any sort of pre-Medicaid planning, nor have they set aside assets. The rule of thumb is that if you’re married and the first spouse needs to go into a nursing home, I can save 100% of your money—at least nine out of ten times. If your resources are vast, let’s say over half a million, then you may not be able to save all of it, but we can help you save most of it. Most of my clients are not worth more than half a million dollars, which is why they’re looking for Medicaid. If you’re not married and you’re single, I can still save half of your estate at that time, assuming it’s not over $500,000. Even without proper planning, you can always make gifts after you’re in a nursing home to protect assets and give assets to children while you’re still qualifying for Medicaid. So, it’s never too late; the worst you can save is half, but you might be able to save 100% of your resources if you plan ahead. What Are Some of the Biggest Mistakes That You’ve Seen People Make When It Comes to Elder Care Planning or Medicaid Planning? What Could They Have Done Differently With Your Assistance? First of all, one of the biggest mistakes that I see is people having a revocable living trust, which preserves assets from having to go to probate but does no Medicaid planning for them. Instead, I would advise them to look at protecting their home, and there are a number of ways to do that. We can protect the home through what we call a life estate deed or maybe with a Medicaid residential trust, which protects the home long-term from having to be liquidated to pay for a nursing home bill after your death. It will also take the home off the table so that if you sell it while you’re in a nursing home, it doesn’t disqualify you and protects the proceeds. Another mistake I see is parents deeding their house to their children outright. That’s a terrible mistake for a number of reasons. First of all, it counts against them for five years, which becomes an issue if you need Medicaid within that five-year period. There are also a number of problems that come with deeding your house to someone, the most obvious being that the house is not yours anymore. If your child gets sued by a creditor or they get divorced or whatever, your home is now subject to their creditors, and you might have to move out. Let’s say you did deed your home to your children five years before you need Medicaid; when you pass away, if your children decide to sell the house, they’ll have to pay capital gains on that sale for whatever you paid. So, that’s not a good option. Instead, I recommend putting your house in a trust that will preserve your tax exclusions upon your death and make it to where your children don’t have to pay taxes. It would take it off the table for Medicaid planning in advance, and it would also preserve the proceeds if you sell it while you’re in a nursing home. I see these two mistakes—relying on a revocable living trust for Medicaid planning and deeding your house to your children—on a regular basis. There are better ways to plan for Medicaid.