If you are a Veteran or a widow of a Veteran, you may be able to obtain tax free income from the Department of Veterans Affairs to help pay for the cost of home health care, assisted living care, and nursing home care. The benefit is called “Improved Pension.” In addition to the Pension, a person who is housebound or in need of the assistance of another person with the activities of daily living may receive additional monthly benefits called Housebound Benefits or Aid and Attendance Benefits, which are supplements to the Pension. The basic eligibility requirements are described below. Basic Eligibility Criteria for Pension, Housebound and Aid & Attendance
All of the following criteria must be met before a veteran or widow(er) of a veteran can receive Improved Pension benefits: The veteran must have served at least 90 days of active service with at least one day of service during a wartime period. Note: there is no requirement that the Veteran have served in a combat zone. For instance, if a Veteran served during the Korean War, but was stationed in the United States, the Veteran would still meet the wartime period requirement. The veteran must have received a discharge that is other than dishonorable. - The claimant must have limited income and assets available.
The claimant must have a permanent and total disability, and the disability was caused without willful misconduct of the claimant. The veteran or widow(er) must sign an application and provides the application to the Veteran’s Administration.
Improved Pension Rates The low income pension is the Department of Veteran Affairs benefit for veterans and their widows with a low income. The claimant must meet all the criteria above (except for widowed spouses – who can be under the age of 65 and have no disabilities). The permissible income limits for Low Income Pension for 2009 are: | Monthly Benefit | Annual Benefit | | Veteran with no dependents | $985 | $11,830 | | Married Veteran | $1,291 | $15,493 | | Widow of Veteran | $661 | $7,933 | | Healthy Veteran with Ill Spouse | $1,291 | $15,493 |
Housebound Benefits Pension benefits with a Housebound supplement are available to a veteran or widow(er) of a veteran who is determined to be disabled and is essentially confined to the home. Disability is presumed for people age 65 or older. The permissible income limits for 2009 to receive housebound benefits are: | | Monthly Benefit | Annual Benefit | | Veteran with no dependents | $1,204 | $14,457 | | Married Veteran | $1,510 | $18,120 | Widow of Veteran | $808 | $9,696 |
Aid & Attendance Pension benefits with an Aid & Attendance supplement are available to a veteran or widow(er) of a veteran who meets one of the following conditions: the Claimant is blind; the Claimant is living in a nursing home; OR the Claimant is unable to: (a) dress/undress or keep self clean and presentable; (b) unable to attend to the wants of nature; or (c) has a physical or mental incapacity that requires assistance on a regular basis to protect claimant from daily environmental hazards.
A person who requires a great deal of home health care or needs to live in assisted living or a nursing home will typically meet these criteria. The permissible income limits for 2009 for aid and attendance benefits: | | Monthly Benefit | Annual Benefit | | Veteran with no dependents | $1,644 | $19,736 | | Married Veteran | $1,949 | $23,396 | | Widow of Veteran | $1,056 | $12,681 | | Healthy Veteran with Ill Spouse | $1,291 | $15,493 |
Accreditation by VA As of June 23, 2008, the Department of Veterans Affairs began requiring that anyone who assists a veteran or family member with the preparation, presentation and prosecution of a claim for benefits to be accredited by and through the VA before they can legally provide assistance. Thus, to protect yourself while going through the VA process, make sure you are using an accredited agent. To check if a person is accredited, visit this link at the Department of Veterans Affairs website: http://www.va.gov/ogc/apps/accreditation/index.html and type in their name for confirmation. One of the reasons for the accreditation requirement is because financial predators were using the Improved Pension program as a way to sell inappropriate annuities to senior Veterans and their families. Fees for Assistance Accredited attorneys may charge a pre-filing consultation fee to assess whether there are any benefits you may be eligible for through the VA. However, no one can charge you to assist with the preparation, presentation, and prosecution of your claim. Veteran’s benefits are an important part of Andrew Byers’ elder law practice. Andrew Byers will provide a 30 minute free consultation (either in person or on the telephone) for Veterans and their family members to assess whether they qualify for any of the above benefits.
Andrew Byers assists Veterans and their families in obtaining Veterans benefits in Oakland County, including Auburn Hills, Rochester Hills, Troy, Waterford, Pontiac, and Clarkston, and in Macomb County, and throughout the state of Michigan.
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