Blog Archives

VA Pension not Income for Medicaid Purposes (An Update)

                Last year I wrote about an important court ruling in a case that impacts Medicaid and VA Aid and Attendance benefits.  Several elder law attorneys filed a lawsuit against the State of New Jersey which, despite being in clear violation of federal law, insisted on counting VA Aid and Attendance benefits as income for […]

Read More

Alert – Veterans Administration New Regulations Propose 3 Year Look Back

            On January 23, 2015, the VA took the initiative in proposing new regulations that would penalize wartime veterans and their spouses up to 10 years for making gifts, if they wish to qualify for the VA’s Aid and Attendance program.              As many readers of this blog know, this […]

Read More

New Medicaid and VA Figures for 2015

Each year, many of the programs that, as elder law attorneys, we deal with daily, such as VA Aid and Attendance and Medicaid, are adjusted for inflation through a cost of living adjustment. In the past month the Social Security Administration announced that Social Security recipients will receive a 1.7% increase in benefits starting in […]

Post Tagged with ,
Read More

Using Your Own Money to Pay for Long Term Care – the Better Way?

                As I always explain to people, there are 3 ways to pay for long term care.  One way is to use your own money.  A second source is long term care insurance and the third is government benefits – primarily Medicaid and the VA Aid and Attendance program.                 I have written much in […]

Read More

VA Pension is not Income for Medicaid Purposes

An important decision by federal court judge two weeks ago will have a big impact on many New Jersey assisted living residents – in a positive way.  The case, Galletta v. Velez,  directly addresses the relationship between VA and Medicaid benefits, which don’t always work well together. Some Medicaid programs have a strict income limit […]

Read More

Tax Fraud or Medicaid Penalty? Part 2

Last week we were discussing Joe’s problem.  His brother Jim had been using Dad’s account to buy and sell Jim’s investments, presumably because having Dad pay the tax instead of Jim was more beneficial.  However, what happens when Dad applies for Medicaid? Medicaid will definitely question the $500,000 in assets transferred back from Dad to […]

Read More

NY Times Article on VA Aid and Attendance – Just a Little Misleading (Part 2)

Last week I was discussing the recent New York Times article, which profiled a World War II veteran, Henry Schaffer.  Mr. Schaffer, according to the journalist, paid a VA accredited attorney to get him VA benefits, only to find out that he doesn’t qualify because his income is too high.  But is that really true? […]

Read More

NY Times Article on VA Aid and Attendance – Just a Little Misleading

Two weeks ago there was a front page New York Times article titled, “Winning Veterans’ Trust and Profiting From It”.  The article profiled a World War II veteran, Henry Schaffer, who was told by a VA accredited attorney that he could qualify for a VA pension that would help him pay the cost of his […]

Read More

New Medicaid and VA Figures for 2014

Many of the programs that, as elder law attorneys, we deal with daily, such as VA Aid and Attendance and Medicaid, are adjusted annually to account for changes in the cost of living ie. inflation. The Social Security Administration announced that Social Security recipients will receive a 1.5% in benefits starting in January.  Many of […]

Read More

News Alert – VA Rules Changes Coming

The winds of change are blowing over the VA landscape.  I’ve written about this in the past and the time may soon be here.  These are changes that you need to understand.   Over the years, many of our clients have been able to qualify for an Improved Pension (sometimes called Aid and Attendance Benefit) […]

Read More