Sanford J. Mall, J.D., CELA, is the founder and senior partner of Mall Malisow & Cooney, PC, a holistic elder care and estate planning law firm. The firm is located in Farmington Hills, Michigan.
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For many veterans, long term care benefits are incredibly valuable. But, I've found that these benefits are sometimes little known and under utilized by those who qualify. Often, the same people I help successfully obtain long term care benefits had been previously denied benefits by the Veterans Administration.
Basic Facts
1. Many people who qualify have previously been told they will not qualify. Therefore, it is best to get another opinion from a qualified benefits planning expert. (NOTE - Often worst place to go to check eligibility is VA.)
The Benefits
2. The maximum amount of long-term care benefit is:
Veteran with no spouse up to $1,554/month
Veteran with Spouse up to $1,842/month
Surviving spouse: $998/month
(NOTE - Actual benefit calculated based on household income adjusted for medical expenses.)
3. Can be used to assist with payment of medical and care related expenses, including skilled and non-skilled in-home care.
Service Related Eligibility Requirements
4. The Veteran served at least one day during wartime and at least 90 days of consecutive active duty and honorably discharged. (NOTE – World War I or II, Korean War, Vietnam, Gulf War)
5. Disability does not need to be service connected and Veteran does not have to be retiree or serve in active combat.
Medical Eligibility Requirements
6. Veteran or Spouse must be disabled or over the age of 65.
7. Disability determination based on medical certification (doctor signs form stating that there is need for care – assistance with ADLs).
Financial Eligibility Requirements
8. Asset limit – approximately $80,000 countable.
9. Income test similar to Medicaid spend-down (depends on care expenses).
10. Planning is allowed and legal to meet the income and asset criteria for eligibility – unlike Medicaid, no look-back or divestment penalty for transfers.
CAUTION – many people who first qualify for this benefit may later need Medicaid so any realignment of assets should only be done with the assistance of a qualified benefits planning expert to avoid problems.
Mr. Mall is a nationally certified elder law attorney. For a free consultation about Elder Law, Care Advocacy, Estate Planning or any of the information contained in this blog, contact Mall Malisow & Cooney, P.C. toll free at (866) 699-1800 or online at www.theeldercarelawfirm.com
Posted on: Aug 18, 2008
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