Veterans Benefits Planning

Transcription

1 Veterans Benefits Planning

2 Aid & Attendance Benefit Veterans and the surviving spouses of wartime Veterans who have passed way may receive additional benefits from the U.S. Department of Veterans Affairs (VA) if they need assistance with their Activities of Daily Living (ADLs). ADLs include bathing, dressing, toileting, walking and eating. This benefit is a special monthly pension called Aid and Attendance. To be eligible, a person must meet certain asset and income requirements. In addition, the person must require the aid and assistance of another person. The application process can take as long as 6 to 8 months. If the person qualifies, however, the pension award is effective from the first day of the month following the VA s receipt of the application. The additional monthly income may be used to help pay for the cost of healthcare. The laws governing VA benefits are complex and filing a claim can be time consuming and confusing. VA Wartime Periods Mexican Border Period. May 9, 1916, through April 5, 1917, in the case of a Veteran who, during such period, served in Mexico, on the borders thereof or in the waters adjacent thereto. World War I. April 6, 1917, through November 11, If the Veteran served with the United States military forces in Russia, then the ending date is April 1, Service after November 11, 1918, and before July 12, 1921, is considered World War I service if the Veteran served in the active military, naval or air service after April 5, 1917, and before November 12, World War II. December 7, 1941, through December 13, If the Veteran was in service on December 31, 1946, continuous service before July 26, 1947, is considered World War II service. Korean Conflict. June 27, 1950, through January 31, Vietnam Era. February 28, 1961, through May 7, 1975, in the case of a Veteran who served in the Republic of Vietnam during that period. For all other cases, August 5, 1964, through May 7, 1975, inclusive. Persian Gulf War. August 2, 1990, through a future date to be prescribed by Presidential proclamation or law. Future Dates. The period beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress.

3 Quick Guide: Eligibility Information for Non-Service Connected Aid & Attendence Benefits The Veteran must have served at least 90 days of active duty, one day of which had to have been during a wartime period. The Veteran must have had an other than dishonorable discharge. The claimant s physician must declare him or her as housebound and/or in need of assistance from another individual, which may include services offered through home healthcare, assisted living or nursing home care. The claimant, if married, must have less than $50,000 in assets, excluding his or her home, car and personal belongings (see life expectancy tables). The claimant, if single, must have less than $30,000 in assets, excluding his or her home, car and personal belongings (see life expectancy tables). The claimant must meet the income requirements. A widowed spouse must have been married to the Veteran at the time of the Veteran s death or have had children by the Veteran and never remarried. Minor children or children who are disabled may qualify for benefits on their own. A widowed spouse must have been living with the Veteran at the time of the Veteran s death unless the separation was due to medical or military reasons. There may be some exceptions related to separations due to abuse.

4 VA Life Expectancy Table for Net Worth Determinations Claimant s Age Life Expectancy Claimant s Age Life Expectancy

5 2016 Wartime Veterans Pension Benefit Rates Type of Benefit Service Pension (without a dependent; spouse or child) With one dependent Maximum Annual Pension Rate (Income Limit) $12,868 >$643 to be deducted) $16,851 >$842 to be deducted) Monthly Maximum Annual Pension Rate (Income Limit) $1,072 >$53 to be deducted) $1,404 >$70 to be deducted) Housebound (H/B) $15,725 $1310 H/B (with one dependent) $19,710 $1,642 Aid & Attendence (A&A) $21,466 $1,788 A&A (with one dependent) $25,448 $2,120 Each add l dependent child $2,129 +$183 $16,851 $1,404 (one H/B) (both H/B) (one A&A) (one A&A, one H/B) (both A&A) $19,710 $1,642 $22,566 $1,880 $25,448 $2,120 $28,300 $2,357 $34,050 $2,836

6 2016 Surviving Spouse Death Pension Benefit Rates Type of Benefit Death Pension (without a dependent child) Maximum Annual Pension Rate (Income Limit) $8,630 >$431 to be deducted) Monthly Maximum Annual Pension Rate (Income Limit) $719 >$36 to be deducted) With one dependent child $11,296 $941 Housebound (H/B) $10,548 $879 H/B (with one dependent child) $13,209 $1,100 Aid & Attendence (A&A) $13,794 $1,149 A&A (with one dependent child) $16,456 $1,371 Each add l dependent child $2,198 +$183

7 Christine A. Alsop, owner of The Elder & Disability Advocacy Firm of Christine A. Alsop, LLC, has extensive experience in elder law, advocacy and litigation. She began her career as a litigation attorney, trying cases before the federal and state courts. Christine has always had special connections with older people and she later realized that she wanted to focus on helping those who are elderly and people with disabilities. Christine has been a practicing attorney for the past 26 years and, of those, 13 years have been dedicated to elder law and serving as a true advocate for her clients. The information contained within this desk reference is not to be construed as or substituted for legal advice and is provided for informational purposes only. phone (314) fax (314) Chippewa Street, St. Louis, MO Visit our website, connect with us on social media and subscribe to our blog for valuable resources, legal updates, topical articles, event/seminar information, client testimonials, our monthly firm newsletter, company announcements and more! Christine is a VA Accredited attorney.