A Remarried Widow of a Veteran is Not Eligible for Military Aid and Attendance Benefits from the U.S. Government

HNW Elder Law, Veterans

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Veteran’s Benefits Attorney Here’s a question that came up during a client interview. I’ll paraphrase it for ease of understanding: “My father was a Korean War veteran. He received Aid and Attendance benefits from the V.A. before he died in 2017. His wife, my mother, married a non-veteran in 2018. She’s still married to him. She was just diagnosed with Alzheimer’s Disease. She’s fine for now, but will need help in the future. Will she be eligible for Aid and Attendance benefits for home care?” The answer is No. Even if the mother met all the other requirements for V.A. Aid and Attendance benefits, the fact that …

Major Changes to Veterans Pension Benefit for Long Term Care coming October 18, 2018

HNW Elder Law, Veterans

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Veterans Benefits Attorney The VA has made changes to their pension benefit eligibility rules, and they take effect October 18, 2018.  The focus for this post will be changes made to net worth limit, transfers to annuities in an effort to spend down and divestment penalty rules as it pertains to annuity planning going forward. Net Worth Limit There will now be a bright-line net worth limit.  This amount was chosen, similar to the reasoning for Medicaid, to avoid impoverishment of the claimant and/or their spouse.  In 2018, the net worth limit is $123,600.00.  Net worth will be established by considering the claimant’s total countable assets and their annual income. Now …

NY Times Article on VA Aid and Attendance Benefits for Veterans and Their Spouses

HNW Elder Law, Veterans

Just a Little Misleading But This Point is True… Avoid the Scammers By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, New Jersey Elder Care Law Firm Several weeks ago there was a front page New York Times article titled, “Winning Veterans’ Trust and Profiting From It”. The article profiled a World War II veteran, Henry Schaffer, who was told by a VA accredited attorney that he could qualify for a VA pension that would help him pay the cost of his senior living complex. He paid an advisor a few thousand dollars only to find out after he moved in that he did not qualify for the benefit and now is worried that he will be evicted because …

HOW THE VETERAN COMPENSATION AND PENSION PROGRAM WORKS: AN OVERVIEW

HNW Elder Law, Veterans

By Fredrick P. Niemann, Esq. a NJ Veterans Benefits Attorney    New Jersey Veterans disabled by injury or disease caused by or aggravated by their military service are eligible for compensation.  Wartime veterans who are totally disabled and have limited incomes are eligible for additional support through the VA’s pension program.  Currently, about 3 million veterans receive some type of compensation or pension. Compensation Benefits for NJ Veterans  For disability resulting from a personal injury suffered or disease contracted in the line of duty, or for the aggravation of a preexisting injury or disease caused in the line of duty, the United States will pay to the disabled veteran compensation however, no compensation can be paid if the disability is …

DISABILITY COMPENSATION FOR THE NEW JERSEY VETERAN

HNW Additional Practice Areas, Elder Law, Veterans Leave a Comment

By Fredrick P. Niemann, Esq. an Accredited New Jersey Veterans Benefits Attorney  Disability compensation is available to a NJ veteran who has suffered an injury, disease, or disability in the service, or who experienced an aggravation of a previously-existing injury, disease, or disability while in the service.  The common term used is “service connection disability”. What is a Service Connection Disability?  Service connection for an injury, disease, or disability caused by or aggravated by military service requires: (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of an aggravation of a disease or injury; and/or (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability.  Certain disabilities …

WHO ELSE WANTS A MONTHLY CHECK FROM THE VA?

HNW Elder Law, Veterans

By Fredrick P. Niemann, Esq. a Veterans Benefits Attorney You may be eligible for a monthly check from the VA… in many cases $1000 or $1500 per month or more for services you (or your spouse) performed for our country many years (even decades) ago. Maybe you’re like many of my clients who don’t want to know all the details, they just want to know if they’ve got any benefits coming from the VA due to their, or their spouse’s, service.  If that’s you… if you want the bottom line… if you want to find out if it’s likely you’re eligible for a monthly check from the VA (I say likely eligible because of course the VA makes the final …

VETERANS’ COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2011

HNW Elder Law, Veterans

By Fredrick P. Niemann, Esq. a New Jersey Accredited Veteran’s Benefit Lawyer The first cost-of-living adjustment since 2008 has recently been made, bringing a 3.6% increase in benefits starting in 2012.  The cost-of-living adjustments are based on increases in the Consumer Price Index for Urban Wage Earners and Clerical Workers.  If you have any questions regarding veteran’s pension benefits, contact Fredrick P. Niemann, Esq. toll-free at (888) 800-7442 or e-mail him at fniemann@hnlawfirm.com/.

Do You Want a Monthly Check From the VA?

HNW Elder Law, Estate Planning, Veterans

By: Fredrick P. Niemann, a NJ Accredited Veterans Benefits Attorney You may be eligible for a monthly check from the VA in many cases of between $985.00 and $1959.00 per month (or more) for military services you (or your spouse) performed for our country many years (even decades) ago. If you want the bottom line and you want  to find out if its likely you’re eligible for a monthly check from the VA (I say likely eligible because of course the VA makes that decision), then the quickest way to find out is to call my office at (732)863-9900. Then, after scheduling a brief in person meeting or phone conversation with me, I’ll be able to give you an understanding …

Do You Have Uninsured Medical Expenses that May Qualify You For Veterans Aid & Attendance Pension Benefit in New Jersey

HNW Elder Law, Veterans

By: Fredrick P. Niemann, a NJ Accredited Veterans Benefits Attorney It’s important to learn what the VA considers “Unreimbursed Medical Expenses” – that is, what you and your loved one are paying out of your pockets- also referred to as “UME”. This is a key factor to help you determine if a veteran may qualify for a pension! UME’s include doctors’ and dentists’ fees, Medicare premiums and copayments, insurance premiums, transportation to the doctor’s office, and the cost of assisted living facilities or in-home caretakers.  But there’s much more-take a look below to see everything that qualifies. Listing of Possible Medical Expenses: (this is only a partial list) • Medicare premiums deducted from Social Security • Supplementary medical insurance (Part B) under …

Nursing Homes for Veterans

HNW Elder Law, Estate Planning, Veterans

Fredrick P. Niemann, Esq., NJ Veterans Attorney Nursing home coverage for veterans is available from two sources within the Department of Veterans Affairs — the veteran’s health care system and the state veteran’s homes system. Nursing Home Coverage Through the VA Health Care System Nursing home coverage along with other long term care services such as home care and assisted living as well as geriatric care management are available through the Veterans Health Administration for qualifying veterans. In order to get into the veterans health care program, the veteran must have service-connected disabilities, or be below a qualifying income level or be receiving Veterans Pension income. Once in the system, veterans are not guaranteed long term care services, including nursing …