Wartime periods for VA Pension benefits

VA Pension benefits, which includes VA Aid & Attendance, requires 90 days of active duty and at least one of those days must have been during a wartime period. Under current law, VA recognizes the following wartime periods to determine eligibility for VA Pension benefits:
Mexican Border Period (May 9, 1916 – April 5, 1917 for Veterans who served in Mexico, on its borders, or adjacent waters)
World War I (April 6, 1917 – November 11, 1918)
World War II (December 7, 1941 – December 31, 1946)
Korean conflict (June 27, 1950 – January 31, 1955)
Vietnam era (February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975)
Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation)

http://www.benefits.va.gov/pension/wartimeperiod.asp 

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Extra Help With Medicare Prescription Drug Plan Costs

The application for extra assistance paying for prescription drugs is at: https://secure.ssa.gov/i1020/start

You should complete this application for Extra Help on the Internet if:

  • You have Medicare Part A (Hospital Insurance) and/or Medicare Part B (Medical Insurance); and
  • You live in one of the 50 States or the District of Columbia; and
  • Your combined savings, investments, and real estate are not worth more than $27,250, if you are married and living with your spouse, or $13,640 if you are not currently married or not living with your spouse. (Do NOT count your home, vehicles, personal possessions, life insurance, burial plots, irrevocable burial contracts or back payments from Social Security or SSI.) If you have more than those amounts, you may not qualify for the extra help. However, you can still enroll in an approved Medicare prescription drug plan for coverage.
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Backdoor filial responsibility in Georgia

Filial responsibility is a name given to laws that make third parties (usually adult children) responsible for support for indigent family members. These laws are based on English "poor laws" from the 16th Century. Many states, including Georgia, have these laws on the books. Georgia's version, however, has been a toothless tiger for the most part. The Georgia statute is found at O.C.G.A. § 36-12-3. There, it provides that the “county” providing care for a pauper may bring an action against a father, mother or child to recover support provided to the pauper. These days, however, counties rarely provide support, so it’s difficult to imagine how a claim could be brought.

By contrast, Pennsylvania has a broader filial responsibility statute. In Health Care & Ret. Corp. of America v. Pittas, 46 A.3d 719 (Super. Ct. of Penn. 2012), a nursing home sued a son for his mother’s unpaid nursing home bills. The case went to arbitration, where the son won. However, the nursing home appealed the case and the arbitration award was reversed in the Common Pleas Court, and upheld on appeal. On appeal, the son objected to the Court placing on him the burden to prove he was unable to pay, because other family members were not held liable with him, because the Court refused to consider other potential sources of payment such as Medicaid, and because his mother was not indigent. The Court rejected each of the son’s arguments, but noted that if Medicaid was ultimately approved, then he would have no responsibility to pay the bill.

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2017 Spousal Impoverishment Standards

CMS has published the 2017 Spousal Impoverishment Standards at:

https://www.medicaid.gov/medicaid/eligibility/downloads/spousal-impoverishment/2017-ssi-and-spousal-impoverishment-standards.pdf 

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Can you sell your home after you go on Medicaid (or to a nursing home)

The short answer is "yes, you can" sell your house. However, there may be consequences.

A home is usually an exempt resource when you apply for Medicaid. Cash from the sale of a home, is not exempt and counts toward your $2,000 resource limit. Therefore, if you sell your home, you must report the sale to Medicaid within 10 days and you will probably be kicked off of Medicaid until you do something with the cash. One option is to spend the cash on nursing home care until you're broke and then go back on Medicaid. That;s probably not a good choice because that does nothing to enhance your circumstances or your quality of life. Another option is to speak with a Certified Elder Law Attorney about ways you can plan for your future needs, or the future needs of your spouse or children (especially if you have disabled children or grandchildren).

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