Vet's Benefit Formulas May Be Changing. And Vets Are Confused!

As I mentioned in my last blog, my Dad was a World War II veteran. He mostly kept his memories to himself. But, on the rare occasions he opened up, he conveyed a sense of trauma and horror that remains with me to this day.

So it burns me up when our veterans - who should be honored for their service - are made to suffer because of the VA's incredibly-complex regulations, and their slowness in fulfilling claims. Now, on top of everything else, they may be changing the benefits formula. And it's not to the vets' advantage.
Our government has come up with a formula to change the Cost-of-Living Adjustments (read: Lower!) for those receiving Federal benefits. The new formula would save the government money. But it would hurt veterans.

How? Well, AARP has calculated, for example, that a 30-year-old Iraq or Afghanistan vet without children, with a 100% disability, would lose about $100,000 by the age of 75. In addition, over a decade, 23 million veterans would lose a total of $17 billion in compensation!

We all need a budget deal from Congress. But not one that takes bites out of the money due our veterans!

Too many of our veterans are nursing grievous physical or emotional injuries as a result of their service. And, in my opinion, where these folks are concerned, there should be a "No-Cut" policy!
My Dad passed away recently. But I'll continue to honor his memory - and those of all who've served our country - by fighting for the rights of veterans and their families.

At The Law Offices of Alice Reiter Feld & Associates, we're Elder Law attorneys. We've been working with South Florida veterans and their families for 34 years. And we've walked many a family through the frightening maze of VA regulations.In addition,we've walked them through the Elder Journey...with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid. 

In fact, we're sponsoring a very important seminar on veterans' benefits on March 21. If you're a vet, you should be there.

And, remember - Whether you have questions about veterans' benefits or any aspect of estate planning and financial security, we're just a phone call away.

It's Taking Too Long For Our Veterans to Get The Benefits They Deserve!

Nothing makes me angrier than to see veterans suffering while the government dithers about their benefits. And my interest is very personal.

My Dad, who recently passed away, was a World War II veteran. He didn't speak very often about his experiences in the War. But when he did, the emotions came tumbling out. The horror of what he saw never left him. And, as a result, it's never left me, either.

My clients know me as a determined fighter for veterans' benefits. And when I hear of veterans being treated unfairly, it makes my blood boil.

I recently read about an 18-year Navy veteran who's spent his entire post-military life battling Post-Traumatic Stress Disorder...and who's spent the past seven years battling the VA. He filed a disability claim in 2006. And he's still waiting to hear.

This gentleman filled out all the required files, answered all the required questions. But he's still waiting. And he's not alone in his frustration.

According to one study, nearly a million - a million! - veterans have been waiting an average of nine months for the VA to rule on their claims. And many are dying before their claims are addressed! In fact, in a recent one-year period, the VA awarded nearly half-a-billion dollars in retroactive benefits to survivors of nearly 20,000 veterans - after their deaths. In the United States of America, this is unacceptable!

In its defense, the VA says it's converting from a paper system to a digital one. But that's small consolation to veterans who have served our country, but who have to wait until our country responds in kind. Or until they're dead!

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. And we hear stories like this all the time. If you've got questions - or problems - about your benefits, we can help.

In fact, we've answered questions about veterans' benefits for the past 34 years, for thousands of South Florida families. And we've answered their questions, as well, about comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid.

We take veterans' benefits very personally. And we're just a phone call away.

"Callous and Despicable" and an "Insult to every American who ever wore a Military uniform"

Yet another so called "veteran's advocate" group has bit the dust but this time they took with them our lieutenant governor and 57 others who are under indictment and an inquiry into the funding of political campaigns.

The quote above is from Florida Attorney General Pam Bondi talking about a scam that purported to raise donations for veterans. Only 2% of the almost $300 million raised ( by illegal gambling schemes) went to veterans; the rest was funneled to the members of "Allied Veteran's of the World" and their so called "affiliates".

Bondi also said, if effect, that using the word "veteran" is a guise for fraud.

No surprise here. Those of us who assist and advise Veteran's regarding eligibility for benefits have seen other scams by companies who exploit the word "veteran". And as an elder law attorney, we see the exploitation of senior citizens in the winter of their lives.

To learn more about scams on veterans, veterans benefits in general and who can assist a veteran, please join us for a once in a lifetime event with guest speaker, Ron Abrams, a veterans benefits expert from Washington, DC. click here.

To see a recent article about scams against elderly veterans click here.

To see an article about the above, click here.

To see the invitation to our event, click here.

Invitation to a Very Special Veteran's Benefits Program

Veteran's Benefits Program

You are cordially invited

to a rare opportunity to an update on how we can assist our senior veterans and their surviving spouses with the honor and dignity they deserve.

Topics to be covered:

• Income and asset limits
• Status of the "Look Back" period
• Medical proof required
• Fully developed claim program (FDC)
• Who can aid a veteran? Who can charge a fee?
• VA backlogs, cures, strategies and risks
• Where to find the law and updates

Long time Veterans attorney and nationally known expert and author on Veteran's benefits, Ronald Abrams, Esq.

has accepted our invitation to come from Washington to speak to our community about Veteran's Pension Benefits including current Aid and Attendance issues.

Date:       Thursday, March 21st
Where:   South County Civic Center, Delray Beach
16700 Jog Road, Delray Beach, FL 33446

:) Conveniently located to Broward County and South Palm Beach

When:    10:15am - 1pm (Breakfast and networking from 9:30 to 10:15)

This event is FREE

All contributions are welcome.

All proceeds will go to the NVLSP to help our veterans across the nation.

CEUs & CLEs Provided.

Interested in introducing your company? Become an Underwriter, which includes distributing literature. Contact Alice Reiter Feld at: reiterfeld@aol.com

Seating is VERY limited

More information to follow.

To reserve your place please call Tracy at [954]-861-2681

Much thanks to Shalloway and Shalloway for their generous contribution to NVLSP

For information about Ron Abrams and NVLSP Visit www.nvlsp.org

For more information on the "bible" for Veteran's advocate

Veteran's Benefits Manual visit www.lexisnexis.com and visit the "Store".

My Dad Served In World War II. Does That Matter?

It sure does!

The Veteran's Aid & Attendance Benefit has often been called "the VA's best-kept secret."

This non-service-connected pension benefit is specifically meant to help wartime veterans with unreimbursed medical expenses...and even your spouse is eligible (if qualified). And the great thing about this benefit is that you don't have to spend yourself (or give gifts) into poverty to receive it.

Eligibility for this benefit is determined by any one of three factors:

1. You're over 65.
2. Your permanently disabled and unable to work.
3. You're home-bound and in need of regular attention. You don't have to be in your own home, however. It doesn't matter where you are...home, assisted/supportive living, or nursing home. The program is based on financial need, so there are income and asset limitations.

The program allows for the following benefit amounts (2012 figures):

• Married wartime veteran - Up to $2,019 per month tax-free
• Single wartime veteran - Up to $1,703 per month tax-free
• Widowed spouse of a wartime veteran - Up to $1,094 per month tax free

To get this benefit, though, you've got to understand how the VA views income. They use a system called Income for VA Purposes (IVAP). The formula used to calculate this figure is gross income minus unreimbursed medical expenses (UMEs)...including doctor's fees, dentist's fees, Medicare premiums and copayments, health insurance premiums, transportation costs to physician's offices, and assisted living facilities or in-home aides.

Sound confusing? It gets worse.

To the VA, gifts that you make to family carry very short periods of ineligibility. If you're applying for Medicaid, however, that's not the case. Gifting today is a very complex process that can lead to severe penalties with Medicaid. And you shouldn't undertake it without professional guidance. Done improperly, it can create huge gaps in care. And it can cost you just about every cent you've got.

At The Law Offices of Alice Reiter Feld & Associates, we're Elder Law attorneys. Over the past 33 years, we've helped thousands of South Floridians file for VA or Medicaid benefits. And we've helped them, as well, with comprehensive estate planning, wills, trusts, powers of attorney, asset protection, and long-term care planning.

We know the ropes...and we'll get you through. We're just a phone call away.

Medicaid: Single Or Married?

Single applicants can become eligible for Medicaid by spending down.

This doesn't mean a single person can't protect his money. But gifting intra-family is now more difficult if there's a possibility of long-term care... especially since the new Deficit Reduction Act extended the "look-back period" (when the state is allowed to examine your finances) from three years to five.

Single people need to focus on income first, and then the asset base. For example, let's say George, a widowed veteran, has Social Security income of $1,300, a pension of $1,100, and a wartime veteran's pension of $1,703... bringing his monthly income of $4,103. Let's say that George has dementia, and needs 24-hour-a-day care.

The monthly nursing home cost would be $6,200, and his prescriptions average $300 per month, bringing the monthly bill to $6,500. There's a $2,515 shortfall between here. George has $400,000 in the bank. But how long will that last?

Of course, prices will go up... and this shortfall may grow. If we multiply the monthly shortfall times 60 months (the look-back period), George would need to access at least $150,900 of his $400,000. But - again - keep in mind that this is all guesswork. There are simply too many variables to predict an exact amount that George should gift, and an exact amount to leave "at risk."

Married Couples

Married couples applying to Medicaid funds face unique problems, partially because they often feel the rules shouldn't apply to them. For instance: "I'm fine. My wife's name isn't on most of our savings investments anyway."

Think again - you're wrong! The state views marital assets as a unit... and it couldn't care less whose name is on the account!

Then there's the "Just give it to your kids" argument. WRONG!! This is actually a huge violation of Medicaid rules - an "improper transfer." Medicaid has very strict gifting rules. You're navigating very treacherous waters here. Mistakes often are not forgiven. And they're sometimes impossible to fix.

If  you think you've seen bureaucracies before...just wait until you get involved with Medicaid!

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. For the past 33 years, we've helped thousands of South Florida families navigate these treacherous Medicaid waters. And we've helped them, as well, with estate planning, wills, trusts, powers of attorney, long-term care planning, asset protection, and the VA.


We deal with Medicaid every day. And we can navigate these waters for you.

Give us a call.

There Are Other Veteran's Benefits

Aid and Attendance offers up to nearly $2000 per month to a veteran who has long term care needs and costs associated with this care. A surviving spouse can be entitled to a benefit of up to approximately $1000.  For more information on these useful benefits to which many qualified veteran’s and their surviving spouses may be eligible, visit our firm's website (or go directly to: http://www.florida-elderlaw.com/VABenefits.html.)  Our firm also offers a FREE email series that provides further details. Sign up here: www.learnvabenefits.com/reiterfeld.

In our practice we see a great percentage of our clients seek assistance in procuring Aid and Attendance benefits. There are, however, other VA benefits available. Below is a clipping from an article that I came across recently offering interesting insight into this subject:

THE VA HEALTH CARE SYSTEM operates the largest health care system in the  United States.        Contrary to what many veteran’s expect, every veteran is not eligible for benefits from the VA health care system.  The system principally covers veterans with service connected injuries, those with low income and the very elderly with wartime service.  The system requires the veteran to enroll on a yearly basis. This can be done in person, by mail or over the Internet.   Adverse decisions concerning the VA healthcare system are appealable.  Advocates should encourage their clients to enroll in the VA system even if they currently do not need or are entitled to benefits.

A veteran should attempt to enroll in the system despite the fact that the veteran has been told that s/he is not eligible or that there is a long waiting list. The system can be inconsistent and I have had many clients receive benefits such as prescription drugs for which they otherwise would have had to pay. Veterans who have a service connected disability in excess of 50% receive priority in enrollment.  Additionally, veterans who receive increased pension based on their need for aid and attendance or are housebound also receive a higher priority and are entitled to receive free medication from a VA pharmacy even if they are not otherwise receiving medical care.

                                                 

The VA medical benefits package includes prescription drugs and medical exams.  Since veterans with a higher percentage of disability have a higher priority, the veteran should consider filing for an increased rating.  While the amount of money received on a monthly basis will increase minimally, the health care benefits can be enormous. 

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Denial, Denial, Denial

One of the saddest things I see in my office is families who are in denial about a family member with a memory disorder.  Sometimes the denial is in the form of ignorance, sometimes fear.   But it’s heartbreaking to watch. 

Denial is such a powerful emotion that it is often difficult to break through.  The problem with denial is that reality always wins and being prepared for the reality beats having it crash down.

Baby Boomers are the best when it comes to denial.   I guess if you’ve been called “baby“ your whole life, it’s hard to imagine that you will ever be a victim of Alzheimer’s disease.  But 10 million of us will! 

Our firm has made a significant investment in acquiring the highest quality information designed to guide caregivers and family members through the Alzheimer’s progression. Our dedicated Alzheimer’s resource center is available FREE, and can be accessed at: www.southfloridamemorylawyer.com

Help us educate the senior community-at-large. Feel free to send this message along to all your friends and family…

To learn more about the Elder Care services that we provide under the Elder Law Umbrella, call The Law Offices of Alice Reiter Feld and Associates at 954.726.6602 or visit www.florida-elderlaw.com

And additional links that offer other useful information FREE, brought to you by The Law Offices of Alice Reiter Feld and Associates:

www.medicaidcrisislawyers.com/reiterfeld

www.learnvabenefits.com/reiterfeld

www.estateandlonglifeplan.com/reiterfeld