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
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
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
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
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
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
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.
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
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
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