Recently in Michigan Veterans Benefits Category

February 20, 2010

Bloomfield Hills, Michigan Elder Law Attorney Christopher J. Berry Accredited by Veterans Administration

Bloomfield Hills, Michigan Elder Law Attorney Christopher J. Berry Accredited by Veterans' Administration

I have been and now again have been re-welcomed by The Department of Veterans Affairs in Washington, D.C.  as an accredited attorney for the preparation, presentation, and prosecution of claims for veterans' benefits before the Department of Veterans Affairs (VA).

The accreditation allows me to assist Michigan Veterans with representation of their Veterans Administration claims.

I am honored to be one of the few Metro-Detroit elder law attorneys accredited with the Department of Veteran Affairs.

As a resource to Michigan Veterans, we've established a few websites that can provide information on both elder law (www.michiganelderlawcenter.com) and Michigan Veterans benefits (www.veteransbenefitsmichigan.com).  Also, you may request a free copy of our booklet entitled Long Term Care Benefits for Veterans.
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February 9, 2010

Caring for Senior Veterans-Veterans Administration Long Term Care Benefits

In the month of February we celebrate Presidents Day in honor of two great United States Presidents; George Washington and Abraham Lincoln. Both were heroes of wars fought on U.S soil for freedom and unity of our great country.

The United States has fought many wars throughout the world since that time to keep freedom here at home and continues to do so. From the beginning our country has established a program to care for the men and women of our military who fought in those wars.

The veterans assistance program goes back to 1636 when Pilgrims of Plymouth Colony fought with the Pequot Indians. The Pilgrims enacted a law from English law that reads, "If any man shall be sent forth as a soldier and shall return maimed, he shall be maintained competently by the colony during his life." In 1789 U. S. congress passed as law that pensions were to be provided to disabled veterans and their dependents and in 1811 the first domiciliary and medical facility for veterans was completed.

Since that time the Department of Veterans Affairs has opened a multitude of care facilities nationwide. An article from the US Department of Veterans Affairs website states:

"VA's health care system has grown from 54 hospitals in 1930 to 157 medical centers in 2005, with at least one in each state, Puerto Rico and the District of Columbia . More than 5.3 million people received care in VA health care facilities in 2005, a 29 percent increase over the 4.1 million treated just four years earlier.
VA operates more than 1,300 sites of care including nearly 900 ambulatory care and community-based outpatient clinics, 136 nursing homes, 43 residential rehabilitation treatment programs, nearly 90 comprehensive home-care programs, and more than 200 Veterans Centers."

State veterans homes have been built or are approved for future construction in many states. For a list of state veteran nursing homes go to http://www.longtermcarelink.net/ref_state_veterans_va_nursing_homes.htm#List

Here are some of the benefits provided for Veterans by the Department of Veterans Affairs:

* Health Care Clinics
* Mental Health
* Counseling
* Job training
* Burial and Memorial benefits
* Education
* VA Home Loan
* DIC
* Compensation
* Pension
* Care Management
* Home Renovation for Disability
* Assisted Living
* Prosthetics
* Rehabilitation
* Weight management
* Nursing Homes
* Prescriptions
* Hospitals
and much more

Thomas Day, founder and Director of the National Care Planning Council, has a deep gratitude for the services provided by the VA. He served as an Air Force pilot during Vietnam. Later he developed a crippling auto-immune disease. It was the doctors at the George A Wahlen VA Regional Medical Center who prescribed a new treatment that saved his life. Many of the VA programs continue to improve his life.

Tom is passionate about the Aid & Attendance Pension Benefit and the relief it brings to veterans and their families who need care services and ways to pay for it in their elder years.

"Aid and attendance" is a commonly used term for a little-known veterans' disability income. The official title of this benefit is "Pension." The reason for using "aid and attendance" to refer to Pension is that many veterans or their single surviving spouses can become eligible if they have a regular need for the aid and attendance of a caregiver or if they are housebound. Evidence of this need for care must be certified by VA as a "rating." With a rating, certain veterans or their surviving spouses can now qualify for Pension. Pension is also available to low income veteran households without a rating, but it is a lesser dollar amount.

Pension is an underused benefit.

There are different income categories for Pension, but the highest could pay as much as $1,949 a month in disability income to a qualifying veteran household. A study commissioned by VA in 2001 estimated, over the next 14 years, only about 30% of eligible veterans would apply for Pension. This is likely due to the fact that most veterans simply don't know about it. In fact, about a third of all seniors in this country, age 65 and older, could become eligible for pension under the right circumstances. That's how many elderly war veterans or their surviving spouses there are.

To receive Pension, a veteran must have served on active duty, at least 90 days, with at least one of those days during a period of war. There must be a discharge under conditions other than dishonorable. Single surviving spouses of such veterans are also eligible. If younger than 65, the veteran must be totally disabled. If age 65 and older, there is no requirement for disability. There is no age or disability requirement for a single surviving spouse.

There are income requirements, but a special provision does allow household income to be reduced by 12 months worth of future, recurring medical expenses. Normally, income is only reduced by medical expenses incurred in the month of application. These allowable, annualized medical expenses are such things as insurance premiums, ongoing prescription drug costs, out-of-pocket cost of monthly medical equipment rental, the cost of home care, the cost of paying adult children to provide care, the cost of adult day services, the cost of assisted living and the cost of a nursing home facility. These are all considered medical costs and they can be deducted from income to receive this benefit.

According to Mr. Day,

"I talk to a number of people every day who are inquiring about this benefit. In many cases they don't know that the benefit can pay members of the family to take care of the veteran, the veteran couple or the surviving spouse at home. I have literally had people who are sacrificing dearly to take care of their loved ones at home, break down and cry when they find they can receive some money from the government for that sacrifice."

Thomas Day has written two books for the National Care Planning Council to educate and help veterans obtain this long term care benefit. The first, "How to apply for the Aid & Attendance Pension Benefit" is to educate the public what the benefit is and how to get it. The claims process for pension is described and information is provided to help understand what documentation is necessary to provide evidence of recurring medical expenses. All forms necessary for filing a claim are included in the form support section of the book. Here is a link to the book. http://www.longtermcarelink.net/a16Veterans_standard_book.htm

Although this is a do-it-yourself book, Tom recommends if you have excessive assets and income or are not sure how to apply medical deductions, use the services of a qualified consultant.

The second book, "Aid & Attendance Handbook for Professionals & Consultants," is for the professional consultant. It is 782 pages of rules, forms, instruction on the submission process and Medicaid planning strategies as well as software for calculating income, benefit and medical expenses. Here is a link to that book. http://www.veteranbook.com

The secret for receiving a successful award for aid and attendance or housebound ratings is not in filling out the form but in knowing what documents and evidence must be submitted with the application. Knowing the secrets for a successful award -- with the special case of long term care recipients -- is 95% of the battle. Even though the form is challenging, filling out and filing a claim is a formality.

A knowledgeable consultant can provide information to shorten VA's decision window of 6 to 12 months to possibly 3 or 4 months. The consultant also understands how to maximize the benefit or avoid a denial. The consultant can also provide guidance for meeting the asset test. Finally, the consultant can provide the actual strategies for reallocating assets and he or she can arrange for trusts or income conversions to allow for the best possible accommodation of assets for beneficiaries thus avoiding or reducing taxes, family disputes and Medicaid penalties.

"I would like to see every eligible veteran obtain the Aid & Attendance Pension Benefit for their long term care needs." Thomas Day, Director, National Care Planning Council.

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January 12, 2010

Michigan Elder Law Lawyers Specialize in Helping the Elderly

Many elderly persons rely entirely on their children, family members or other trusted individuals to help them. This dependence upon caregivers or family members makes an older person more vulnerable to abuse and financial exploitation. Legal arrangements and protective actions by family may be necessary to shield loved ones from making bad decisions or from being taken advantage of.

Though you wouldn't think a child could take advantage of his or her mother or father, there is no way to know what someone will do who is desperate for money or who feels entitled to an inheritance. For example:

David's parents' health was failing and living alone in their home was becoming a concern. His sister Jill wanted to look into assisted living for them. David immediately became upset at Jill for wanting to spend their money. He packed up his parents and brought them to his home. Being single and working, he was not available to them during the day, but left food and water on the table to sustain them until he returned home in the evening. Jill lived over 300 miles from David and when she could get to his house to visit; she found her parents' care was not acceptable. They could not remember if they took their medications or if they had even eaten a meal that day. David was also draining their savings account and when confronted about it, became angry and complained that he needed their money to pay expenses for their care. Clearly Jill felt her brother's care of their parents was abusive, but David's defense was he provided a home for his parents in which he could care for them. This family needs a professional advisor to help them understand and clarify the issues concerning their parents' care.

Making legal decisions about property, finances, power of attorney, and final wishes are important tasks to complete for the final years of life. Having legal documentation for a will, for medical treatment and for the person designated to be responsible for parents' welfare can avoid family disputes and financial abuse, and help to conserve assets that are needed for care.

Michigan Elder law attorneys specialize in legal issues affecting the elderly. They are knowledgeable about Medicare and Medicaid programs. They work with the elderly in assisting them and their families with all aspects of estate planning and implementing necessary legal documents for the final years of life. In addition, they help individuals to apply for and possibly accelerate coverage from Medicaid. An elder law attorney can also help with disputes with Medicaid. Below is a partial list of what an elder law attorney might do:

* Preservation or transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
* Medicaid qualification and application and Medicaid planning strategies
* Medicare claims and appeals
* Veterans Benefits claims
* Social security and disability claims and appeals
* Disability planning, including use of durable powers of attorney, living trusts and living wills
* Help with financial management and health care decisions; and other means of delegating management and decision-making to another in case of incompetence or incapacity
Probate
* Administration and management of trusts and estates
* Long term care placements in nursing homes and assisted living
* Nursing home issues with patients' rights and nursing home quality
* Elder abuse and fraud recovery cases

A Certified Elder Law Attorney (CELA) is an elder law attorney who is highly proficient in meeting the legal needs of elders and in understanding and applying the rules of Medicaid. A CELA has successfully handled a requisite number of pertinent cases in order to receive that designation. This experience will make an attorney with this designation more competent with elder planning issues than other attorneys lacking this designation.

Most elder law attorneys do not specialize in all of the areas iterated above. When considering an attorney you will want to find one who has experience in the area you need help.

According to The National Academy of Elder Law Attorneys -- http://www.naela.org/:

"Ask lots of questions before selecting an elder law attorney. You don't want to end up in the office of an attorney who can't help you. Start with the initial phone call. It is not unusual to speak only to a secretary, receptionist or office manager during an initial call or before actually meeting with the attorney. If so, ask this person your questions.

* How long has the attorney been in practice?
* Does his/her practice emphasize a particular area of law?
* How long has he/she been in this field?
* What percentage of his/her practice is devoted to elder law?
* Is there a fee for the first consultation and if so, how much is it?
* Given the nature of your problem, what information should you bring with you to the initial consultation?"

A good way to choose an attorney is by referral from friends, family, clergy or other associations. Before you meet for your initial consultation, prepare the items you want discussed and taken care of. Bring pertinent documents and questions. Be sure you get clear answers and that you understand what your attorney is proposing.

Two-way communication is the best way your attorney can understand your needs and concerns. Does the attorney listen to what you say, appear to really care about your concerns or return your phone calls? If not find another attorney. Most Elder law Attorneys sincerely want to help make you or your parent's elder years a well planned for, peaceful experience for all involved.

There are a number of ways attorneys charge for their services. They may charge a flat hourly rate. Or they may charge hourly for some services and add on additional expense for out-of-pocket costs such as paperwork, stamps, phone calls, etc. Or they may charge a single fee for a mutually agreed-upon course of action or plan. Some attorneys who specialize in appeals for veterans benefits or Social Security may work on a contingency basis. It is important to understand how you will be billed so there will be no surprises in the end.

The National Care Planning Council lists elder law attorneys throughout the United States.
To find someone in your area go to http://www.longtermcarelink.net/

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January 9, 2010

Veterans' Benefits Frustrations

Many Veterans have been having issues with the Department of Veteran's Affairs. Well, 60 Minutes has done a piece on the frustrations entitled "Delay, Deny and Hope That I Die."  You can see the piece here: Veteran's Benefit Frustrations.

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January 4, 2010

Michigan Medicaid Asset Protection Strategies

In Michigan, even after the passage of the Deficit Reduction Act and with Estate Recovery looming, we still have many techniques available to help Michigan seniors plan, even in crisis mode, for the large monthly Michigan nursing home costs.  The cost of a nursing home in Michigan can run between $6,000.00 to $7,000.00 per month.  Through proper planning this bill can be picked up by Medicaid if you meet the necessary requirements.

Our Michigan Elder Law Attorney office helps Michigan seniors plan for the cost of long term care, including assisted living and nursing homes, through various legal methods including "half-loaf" strategies, irrevocable trusts, proper gifting strategies, utilizing Michigan Veterans Benefits, and other legal tools.

It is important that you consult a Michigan attorney familiar with planning for long term care because there are many traps for the unwary and unfortunately quite a bit of misinformation out there.  If you were to make a mistake in planning it can lead to a disqualification or unattended penalty for your loved one.

If you would like more information on any of these long term care strategies, please contact our office.
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December 2, 2009

Information: Veterans Benefits Michigan

Michiganveteranlawyer.jpg

For more information on Michigan Veterans Benefits check out Veterans Benefits Michigan and the Michigan Veterans Benefits Resource Center of Witzke Berry PLLC.

The Department of Veterans Affairs was establish a March 15, 1989, succeeding the veterans administration. It is responsible for providing federal benefits to veterans and their families. Headed by the Sec. of Veterans Affairs, the a is the second largest of the 15 Cabinet departments and operates nationwide programs for health care, financial assistance and burial benefits.

Ther are two important disability programs that the Veterans Administration provides. The first is disability compensation. The Veterans Administration income benefit is money to compensate the veteran for loss of lifetime income due to disability incurred while in the service. The surviving spouse death benefit associated with compensation is based on the same principle. The large number of veterans may have service connected disabilities but for whatever reason never bother to apply for compensation. It is not too late and VA may accept a late application which will then give the veteran not only more money but possibly other VA long-term care services as well.

The Veterans Benefit Pension is another disability income program. This benefit is available to active duty veterans who have served the least 90 days active duty with the least one day during a period of war.The death benefit is also available to surviving spouses of these veterans. Pension is probably the most underused and misunderstood long-term care benefits for veterans that is available today. The misunderstanding comes about because pension is based on income. Many veterans or their surviving spouses are going to have an income greater than the pension rate ceiling and as a result never received information on this Veterans benefit.

It is important to speak with a Michigan veterans benefits attorney, we can assist in helping you understand how the Michigan veterans benefits compensation program works and help you understand what you may be entitled to.

Please visit these two resources that we have provided so that you may have a better understanding of Michigan Veterans Benefits:

  1. The Michigan Benefits Resource Center of Witzke Berry PLLC
  2. Veterans Benefits Michigan
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December 1, 2009

Department of Veterans Affairs News

The Department of Veterans Affairs has provided an update for what to expect in 2010 with regard to compensation & Pension Rate Information. Basically, there will not be an increase to the Veterans Administration compensation and pension benefits based on a cost of living allowance. You can read the full updated here: Veterans Benefits, What's New?

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November 30, 2009

Michigan Aid and Attendance Pension for Veterans

Did you know about the little known veterans benefit called the Aid and Attendance, also known as the Aid and Attendance Pension?  The Michigan Veterans Aid and Attendance pension provides veterans and surviving spouses of veterans with benefits for everyday needs such as eating, bathing, dressing, and other elder care needs that the veteran or their surviving spouse needs assistance from an individual in doing.

The Michigan Aid and Attendance benefits are generally available to veterans (and spouses) who are blind, reside in an assisted living facility or nursing home.  In addition their are certain asset limits that futher confuse applying for these benefits.  Often times, veterans need assistance in uncovering what exactly their benefit will be and how to meet the qualifications.  It is important to work with an Michigan Veterans Benfits attorney that is familiar with Michigan Veterans Benefits when doing any type of Michigan long-term care planning.

Visit our online resource at www.VeteransBenefitsMichigan.com

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