Dori J. Wiggen, an accredited attorney with Veterans Affairs is a partner with Wiggen Law Group PLLC in Durham, where she practices law with her husband.
I’ll never forget my first meeting with Jimmy and his wife, Alice. Jimmy, a veteran of WWII, had a recent illness that caused him to need around-the-clock care. Alice had been caring for Jimmy with help from their oldest daughter, Kathy. However, it had reached the point where Alice could no longer handle Jimmy’s care by herself.
My husband and I sat for hours in the couple’s living room while they talked about their children, Jimmy told me how worried he was about Alice. He could see how tired she was and wished they could find a way to pay for home health care. He didn’t want to use all of their savings on his care because he wanted to make sure Alice was taken care of if anything should happen to him. That’s when I told Jimmy and Alice about a benefit offered by the Department of Veterans Affairs that could pay Jimmy as much as $1,949/month so the couple could hire a caregiver.
The benefit is called Improved Pension, and it provides financial assistance to qualified veterans and their surviving spouses. This is a benefit that veterans earn by their service to our country, but few have ever heard about it. It helps cover the cost of qualified un-reimbursed medical expenses, including in-home care, assisted living facility care, and nursing home care.
In order to qualify for this benefit, the veteran or the veteran’s surviving spouse must meet certain basic requirements.
Basic Criteria to Qualify
• Veteran must have served at least one day during a qualified war period.
• Veteran must have served at least 90 days of active duty.
• Veteran received a better than dishonerable discharge.
• Claimant (veteran or surviving spouse) is over the age of 65 or permanently or totally disabled.
• Claimant needs assistance with daily living& requirements.
• Claimant’s monthly medical expenses equals or exceeds their monthly income.
Where to Get Assistance
The VA requires that anyone who assists a veteran or family member with the preparation of a claim for benefits be accredited by and through the VA before they can legally provide assistance. To check if a person is accredited, go to: http://www.va.gov/ogc/apps/accreditation/index.html and type in their name for confirmation.
There are many financial services professionals, attorneys and other individuals who are accredited with the VA. Some organizations offer free presentations about VA benefits and will prepare your claim at no charge. However, I recommend caution. Often, prior to the claim for benefits, they may be sold financial products that are inappropriate for the senior. In some cases, the purchase of these products can have disastrous consequences if the senior later needs Medicaid to pay for nursing home care.
By law, no one can charge for the preparation of a claim for benefits. Attorneys and accountants charge for advice on the legal and tax consequences of various long-term care planning strategies. Financial professionals either charge a fee for investment advice or receive a commission related to the sale of financial products. It is recommended that before any course of action is chosen, the senior seek the advice of a VA Accredited Elder Law Attorney. An accredited VA planning attorney takes a comprehensive approach, ensuring the client is protected from potential financial hardships, including unintended tax consequences or Medicaid penalties. In many instances, the senior’s financial planner, accountant and attorney work together as a team to ensure the senior’s interests are protected.