AUGUST 9, 2017
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A two part series by Anthony Marone, Esq. 
McAndrews Law Offices, P.C.- Estates, Trusts and Wealth Transfer Department 
The Department of Veterans' Affairs pays the "VA Pension," along with the add-on benefits called Aid and Attendance ("A&A) and Housebound Benefits ("HB").  These benefits are crucially important to pay for the care of a veteran or a deceased veteran's dependents.  An eligible veteran should always attempt to access the VA Pension and the add-on benefits but should also be aware of the potential complexity when he or she applies for Medical Assistance Long-Term Care benefits ("MA-LTC").  Both the VA Pension and MA-LTC are needs-based government benefits for qualifying individuals who are elderly or disabled.  However, the income the veteran receives from the VA Pension could potentially disqualify him or her from receiving MA-LTC.  The complicated interplay between the eligibility criteria for these two important programs is examined in this two part article. 

Part I.  The VA Pension and the intractable income issue of Medical Assistance
What are the "VA Pension" and Aid and Attendance?

The VA Pension is a "needs-based" government benefit that provides a monthly cash payment to eligible veterans or their surviving dependents ("claimants").  To be eligible for the VA Pension, also known as the "Improved Pension," a veteran of the United States Armed Forces must:
 
(1) have been discharged under other than dishonorable conditions;
(2) served 90 days or more of active duty with at least 1 day during a period of war;
(3) have countable income and net worth below established thresholds, and;
(4) either be permanently and totally disabled or age 65 or older. 
Click here to finish reading PART 1 of the series
Part 2.  The Problem of Conserved, Lump-sum, and Overpaid VA Pension Income 

As stated in Part I of this article, the VA Pension and the add-on HB and A&A benefits are crucially important to pay for the care of a veteran or a deceased veteran's dependents. However, there is a consistent delay in the VA's processing of applications for the VA Pension and other notices of changed circumstances.  This delay could cause the receipt of VA Pension benefits in one large lump-sum or require the veteran to conserve his or her VA Pension income for a possible return to the VA.  In either circumstance, the veteran will likely have resources in excess of the allowable limits of the MA-LTC program.  The excess resources must be correctly handled or the veteran will become disqualified for MA-LTC benefits.
Click here to finish reading PART 2 of the series 

Our Estate Planning Department's MISSION

McAndrews Law Offices is committed to providing highly skilled and individualized estate planning, special needs planning, and elder law advice to guide our clients through the different stages of life.  We represent individuals of all asset levels, and our goal is to give our clients peace of mind by crafting flexible, efficient, and cost-effective plans that address personal challenges, whether minimizing taxes, transferring wealth, preserving assets before entering a nursing home, or planning for the future of a child with special needs.  We are on the cutting edge of constantly evolving policies and laws, and we take pride in providing prompt, responsive, and respectful service.


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McAndrews Law Offices, P.C. is a nationally recognized 19-attorney firm that provides families of Pennsylvania, Delaware, Maryland, the Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, and the representation of individuals involved in higher education allegations of misconduct