VA Benefits and Medicaid Eligibility Meeting Complex Requirements for Benefits Qualification and Application

Transcription

1 Presenting a live 90 minute webinar with interactive Q&A VA Benefits and Medicaid Eligibility Meeting Complex Requirements for Benefits Qualification and Application WEDNESDAY, JANUARY 30, pm Eastern 12pm Central 11am Mountain 10am Pacific Td Today s faculty features: Yale S. Hauptman, Attorney, Hauptman & Hauptman, Livingston, N.J. Laurie A. Hauptman, Attorney, Hauptman & Hauptman, Livingston, N.J. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

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4 V.A. Aid & Attendance Benefits Yale S. Hauptman Laurie A. Hauptman 4 January 30, 2013

5 World War II Korean War Dec 7, 1941 Dec 31, 1946 June 27, 1950 Jan 31, 1955 Vietnam War Aug 5, 1964 May 7, 1975 Feb 28, 1961 if served in Vietnam 5

6 To Qualify for Pension: the Wartime Veteran must have served in the U.S. Armed Forces and. Served at least 90 days active duty Served at least one day during wartime Was honorably discharged 6

7 To Qualify for Pension: (Continued) Is over 65 years old, blind or disabled Has substantial recurring, unreimbursed Medical Expenses Has Limited Household income and assets to pay medical expenses Has Expectancy of living and paying future medical expenses 7

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10 Proof of Medical Expenses Needed dd A Physician must provide a diagnosis supporting the scope of care and corresponding expenses being provided d 10

11 The Net Worth Limitation Exempt Assets: Your house Your car Your household and personal goods 11

12 Countable Asset Limitation No definite number, but less than approximately $80,000 12

13 The Critical Calculation: at Gross Household Income Recurring Unreimbursed Medical Expenses(UME) Income for Veteran Administration Purposes (IVAP) 13

14 Maximum Available Pension Resource (MAPR) MAPR is the maximum available pension per category of need 14

15 Special Monthly Pension Rates Paid to Veterans Age 65 or Older, Permanently and Totally Disabled, or a Surviving Spouse For 2013: MAPR *MMC Permanently and totally disabled veteran $20,796 $1,733 In need of regular aid and attendance With one dependent $24, 648 $2,054 Surviving spouse $13,356 $1,113 * Maximum Monthly Check 15

16 Case Study 1: Married Couple, Vet needs A&A 16

17 Case Study 1: (continued) MAPR: $ 24,648 (IVAP): $(12,600) Rounded d to $0 Couple will receive $2,054 monthly Benefit, tax free! When IVAP is less than MAPR a benefit may be awarded 17

18 Case Study 2: Widow of Veteran Gross Income: $18,000 UME (home care, prescriptions, co-pays): $15,000 $3,000 18

19 Case Study 2: (continued) MAPR: $ 13,356 (IVAP): $3,000 Partial Benefit!: $10,356 When UME fails to meet or exceed Gross Income, a partial benefit is available. When IVAP is greater than MAPR 19 NO benefit is awarded

20 Any VA penalty for gifting assets? VA currently has No Penalty Period of ineligibility for gifting excess assets to other family members 20

21 Should one give assets away to qualify? lf The answer depends d on: Family dynamics Life expectancy Likelihood of increased future medical expenses Tax consequences Financial benefit vs. financial loss The Medicaid Trap caused by gifts within 5 years to nursing home need 21

22 Beware the Medicaid Trap! If one needs Medicaid within 5 years of any transfer for less than fair value, he or she will be penalized by a period of Medicaid d benefit e 22 ineligibility!

23 How Does Medicaid Work? For A Single Person Exempt Assets House Countable Assets Almost Everything Else Car Funeral Life Insurance Household Goods 23

24 A Single Person Example $100, $2,000 24

25 Married Couple (Example) $500,000 $231,840 (John) (Sally) $115,920 $115,920 John & Sally Smith $2,000 25

26 Look Back Period 5 Years Penalty Starts When: In Nursing Home (or need nursing home level of care) Otherwise Eligible $2,000 in assets 26

27 All Trusts Are Not Created Equal Revocable Living Trust Credit Shelter Trust Irrevocable Life Insurance Trust Spend Thrift Trust Income Only Type Trust Veterans t Eligibility ibilit Trust 27

28 Trust to Qualify for Medicaid Irrevocable Principal cannot be distributed Income typically can be distributed This is a problem for qualification for VA benefits under the relinquishment i rule VA will count the trust assets under VA asset rules 28

29 Veterans Eligibility Trust Can be grantor trust or not Income payable to lifetime beneficiaries and not to grantor Assets in trust not countable for VA purposes 29

30 Veterans Eligibility Trust (Continued) Home can be placed in trust and qualify for Section 121 exclusion Limited testamentary ypower of appointment to allow for step up in basis upon death 30

31 How is VA benefit treated by Mdi Medicaidid Aid and Attendance is NOT treated as income for Medicaid eligibility purposes Other VA benefits are treated as income Check your state s s Medicaid regulations 31

32 How is VA benefit treated by Mdi Medicaid id (continued) However VA benefit is available to be used towards care when on Medicaid Once VA knows you are receiving Medicaid they will reduce pension to $90 per month 32

33 V.A. Aid & Attendance Tips Fax VA Applications Dementia issues are a red flag Waive 60 day due process period Involve local Congressman 33

34 V.A. Aid & Attendance Tips (Continued) Healthy veteran with sick spouse can collect Expediting a claim if claimant is on hospice Veterans that received honors may get preferential treatmentt t 34

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36 Yale S. Hauptman Laurie A. Hauptman HAUPTMAN & HAUPTMAN, P.C. 570 West Mt. Pleasant Avenue, Suite 101 Livingston, NJ (973)