I. The Facts. Plaintiff, Alma Galletta, who suffers from a variety of medical impairments, is the surviving spouse of a World War II veteran. Over two years ago, plaintiff began receiving pension benefits from the Department of Veterans Affairs (VA). VA pension benefits are payable to a surviving spouse based on the veteran’s non-service-connected death. .. read more →
General Qualifications for Non-Service Connected Pension Plus Aid and Attendance Supplement Veterans, Widowed Spouses, and Dependent or Disabled Children May be Claimants. The eligibility requirements follow: Veterans Must Typically Have Served At Least 90 Days of Active Duty Service, 1 Day of Which Had to Have Been Served During A Period of Wartime (Those Who.. read more →
It iis quite common for family members or others to provide monetary support to a loved one in financial need who has applied for or is receiving pension benefits with either Housebound or Aid & Attendance supplement from the Department of Veterans Affairs (VA). This contribution of money by family members is called “family maintenance.”.. read more →
In a recent opinion, Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, denied a motion filed by the State of New Jersey seeking the dismissal of a pending class action lawsuit which my co-counsel, Alan Sklarsky, Esq., and I filed in federal court seeking an injunction barring the State.. read more →
On October 31, 2013, proposed changes to the process of filing disability claims and appeals with the Department of Veterans Affairs (VA) were published in the Federal Register. The Federal Register notice can be found here. The proposed changes, which are significant, relate to the filing of informal claims and notices of disagreements. There are.. read more →
Clients often have questions about the effect of gifts and jointly-owned property on eligibility for benefits, including Base Pension, Housebound and Aid and Attendance, from the Department of Veterans Affairs (VA). Below I’ve collected some of the federal regulations governing how gifts and joint property will affect VA pension benefits. The authorities cited show that.. read more →
Senate Bill 748, entitled the “Veterans Pension Protection Act,” was introduced on April 17, 2013. The bill directs the Department of Veterans Affairs (VA) to consider the resources of individuals applying for VA pension that were disposed of for less than fair market value when determining the eligibility of applicants for pension benefits, including Homebound.. read more →
Fully Developed VA Claims The Department of Veterans Affairs (VA) has implemented a new process designed to expedite claims for VA benefits having all information required by the agency and all required supporting evidence. The new process, officially titled in 38 CFR §20.1509(a) as the “Expedited Claims Adjudication Initiative-Pilot Program,” is unofficially called the Fully.. read more →
Several months ago, I presented a program on Veterans Benefits and Social Security Disability Benefits at the Elder Law College, a seminar on Elder Law and Special Needs Law presented each year by the New Jersey Institute of Continuing Legal Education. I wrote a blog post summarizing the seminar material presented at the Elder Law.. read more →
In recent years, applicants for Medicaid benefits in New Jersey have been incorrectly denied eligibility as a result of including as “countable income” the applicants’ Veterans Administration Improved Pension (“VAIP”) benefits awarded pursuant to 38 U.S.C. § 1541(d)(1) for unreimbursed medical expenses (“UMEs”). New Jersey’s Medicaid agency, the Department of Medical and Health Services (“DMAHS”),.. read more →
Presentation on the Impact of Elder Law Issues on Divorce Mediation
On Saturday, April 27, 2013, I presented a session on the impact of elder law issues on divorce mediation at the 2013 Annual Divorce Mediation Seminar by the New Jersey Association of Professional Mediators. The topics covered in my session included Social Security, including retirement, disability and survivors benefits, Supplemental Security Income benefits, Medicare, Medicaid,.. read more →
The Department of Veterans Affairs (VA) is causing Medicaid applicants to be incorrectly denied benefits due to the way the federal agency is reporting the VA pension benefit to state agencies for the purpose of determining Medicaid eligibility. In that regard, the VA is issuing letters to state Medicaid agencies which breakdown the VA benefit.. read more →
In August, the VA’s inspector general said the weight of paper files at the agency’s Winston-Salem, N.C., office had compromised the structural integrity of the building. Photo Credit: Office of the Inspector General/Department of Veterans Affairs and the Center for Investigative Reporting read more →
It IS possible for a surviving veteran to receive Dependency and Indemnity Compensation (DIC) Benefits from the Department of Veterans Affairs (VA) based on the deceased spouse’s military service as well as a VA Pension Benefit based on the survivor’s own military service, but any DIC award based on the deceased spouse’s service will be.. read more →
For years, clients have asked about pension benefits available from the Department of Veterans Affairs (VA). Because of this consistent client interest, I’ve written about VA pension benefits with Housebound or Aid and Attendance Supplement in many blog posts over the years. However, one issue I haven’t blogged about yet involves calculating the amount of.. read more →
Must I be living in a care facility or receiving care at home before I apply for VA benefits? No, it is not necessary to be living in a care facility in order to apply for VA benefits. However, if you are in need of personal assistance, a protective environment and your doctor confirms your.. read more →
Veteran, Widowed Spouse, and Dependent or Disabled Child May Be A Claimant for VA Pension Benefits Veterans must have served ninety (90) days on active duty, one day of which was served during wartime. (Note: Those who enlisted after September 7, 1980 have a different active duty service requirement.) Veteran cannot have had a dishonorable.. read more →
The Department of Veterans Affairs (VA) announced it is cutting red tape for Veterans who receive VA pension benefits by eliminating the need for them to complete an annual Eligibility Verification Report (EVR). VA will implement a new process for confirming eligibility for benefits, and staff that had been responsible for processing the old form.. read more →
(I recently presented a program on Veterans Benefits and Social Security Disability Benefits at the Elder Law College, a seminar on Elder Law and Special Needs Law presented each year by the New Jersey Institute of Continuing Legal Education. A summary of the seminar material is presented below.) VA BENEFITS Veterans and their families should.. read more →
Following are the increased rates paid by the Department of Veterans Affairs (VA) beginning in 2013 for Base Pension benefits, with Housebound and Aid and Attendance supplements. The higher rates include a 1.7% cost of living increase. For the Veteran Monthly VA Base Pension Benefits: Without Dependents: $1,037 With One Dependent: $1,359 Monthly Housebound Benefits:.. read more →
On October 26, 2012, David McLenachen, Director of the Pension and Fiduciary Division, Department of Veterans Affairs (VA), issued Fast Letter 12-23. Described as a clarification of VA policy, this fast letter actually substantially tightened the eligibility criteria for veterans and others residing in senior or independent living facilities who apply for needs-based VA pension.. read more →
A variety of the benefits sought by disabled veterans through the Department of Veterans Affairs (VA) require the veteran to establish a connection between the veteran’s present disability and an event that occurred during the veteran’s active duty service. This is called establishing “service-connection.” Following is a list of the types of VA claims that.. read more →
Aid and Attendance is a benefit that is available through the Department of Veterans Affairs (VA) to a qualifying veteran whose net worth is not “excessive” and who: is bedridden, or requires the aid of another person to perform activities of daily living, or is a nursing home resident, as a result of mental or.. read more →
New veterans are going online to find camaraderie or get their questions answered. Some websites utilized by new veterans follow: Community of Veterans: http://iava.communityofveterans.org Iraq and Afghanistan Veterans of America: http://iava.org Veterans Aid: http://www.veteranaid.org/ Veterans of Foreign Wars: http://www.vfw.org VFW Post 1: http://www.vfwpost1.org American Legion: http://www.legion.org Department of Veterans Affairs: http://www.va.gov VA Health Care: https://www.va.gov/health-care/.. read more →
The Department of Veterans Affairs’ (VA) pension program is intended to provide money benefits to wartime veterans in financial need. It is available to veterans aged 65 and older and those with non-service connected disabilities, as well as to their surviving spouses and dependent children. To be eligible for VA pension benefits, a claimant must.. read more →
Categories
- Affordable Care Act
- Alzheimer's Disease
- Arbitration
- Attorney Ethics
- Attorneys Fees
- Beneficiary Designations
- Blog Roundup and Highlights
- Blogs and Blogging
- Care Facilities
- Caregivers
- Cemetery
- Collaborative Family Law
- Conservatorships
- Consumer Fraud
- Contempt
- Contracts
- Defamation
- Developmental Disabilities
- Discovery
- Discrimination Laws
- Doctrine of Probable Intent
- Domestic Violence
- Elder Abuse
- Elder Law
- Elective Share
- End-of-Life Decisions
- Estate Administration
- Estate Litigation
- Estate Planning
- Events
- Family Law
- Fiduciary
- Financial Exploitation of the Elderly
- Funeral
- Future of the Legal Profession
- Geriatric Care Managers
- Governmental or Public Benefit Programs
- Guardianship
- Health Issues
- Housing for the Elderly and Disabled
- In Remembrance
- Insolvent Estates
- Institutional Liens
- Insurance
- Interesting New Cases
- Intestacy
- Law Firm News
- Law Firm Videos
- Law Practice Management / Development
- Lawyers and Lawyering
- Legal Capacity or Competancy
- Legal Malpractice
- Legal Rights of the Disabled
- Liens
- Litigation
- Mediation
- Medicaid Appeals
- Medicaid Applications
- Medicaid Planning
- Annuities
- Care Contracts
- Divorce
- Estate Recovery
- Family Part Non-Dissolution Support Orders
- Gifts
- Life Estates
- Loan repayments
- MMMNA
- Promissory Notes
- Qualified Income Trusts
- Spousal Refusal
- Transfers For Reasons Other Than To Qualify For Medicaid
- Transfers to "Caregiver" Child(ren)
- Transfers to Disabled Adult Children
- Trusts
- Undue Hardship Provision
- Multiple-Party Deposit Account Act
- New Cases
- New Laws
- News Briefs
- Newsletters
- Non-Probate Assets
- Nursing Facility Litigation
- Personal Achievements and Awards
- Personal Injury Lawsuits
- Probate
- Punitive Damages
- Reconsideration
- Retirement Benefits
- Reverse Mortgages
- Section 8 Housing
- Settlement of Litigation
- Social Media
- Special Education
- Special Needs Planning
- Surrogate Decision-Making
- Taxation
- Technology
- Texting
- Top Ten
- Trials
- Trustees
- Uncategorized
- Veterans Benefits
- Web Sites and the Internet
- Webinar
- Writing Intended To Be A Will
Vanarelli & Li, LLC on Social Media