Veterans Benefits Attorneys in Madison
Aid & Attendance Benefits for Veterans
Are you struggling to provide adequate care for an aging and disabled veteran and/or their spouse? You or your loved one may qualify for a benefit that is available through the Department of Veterans Affairs, known as Aid and Attendance. Aid and Attendance is a benefit available to wartime veterans who are seriously disabled, have limited income, and are over the age of 65. Those who are under the age of 65 may qualify if they are permanently or totally disabled. This benefit can be used to help pay for the costs associated with nursing homes, assisted living facilities, or in-home care.
Although there are forms available for you to apply for Aid and Attendance benefits, the application process is quite complex. In addition, if your application is denied because of misinformation or a mistake, you will have to wait a year before you can apply again. For this reason, it is important to seek assistance from qualified veterans benefits lawyers in Madison. When you work with Estate Law Partners, LLC, we can answer your questions, address your concerns, and help ensure you have everything you need.
Call (608) 292-5185 today to schedule a free consultation with our experienced elder law attorneys.
Eligibility for Aid & Attendance Benefits
The eligibility requirements for Aid and Attendance benefits are divided into three categories, including:
- Service requirement – The veteran must have 90 days of active military duty service, and at least one of those days must have been during wartime. In addition, the veteran must have been discharged for a reason other than dishonorable discharge.
Medical requirement – The veteran or surviving spouse must demonstrate the need for “aid
and attendance” of another individual in order to engage in the
basic tasks of daily living. According to the Veteran’s Administration
(VA), the need for aid and assistance can be claimed by those who can
be classified by at least one of the following:
- They require someone else’s help to dress, feed, bathe, and perform other functions necessary for everyday living
- They are blind or nearly blind
- They are bedridden – required to stay in bed except for any treatment or convalescence programs that have been prescribed
- They are a patient in a nursing home as a result of physical or mental incapacity
- Financial requirement – This is the vaguest requirement; it simply states that the individual requesting the benefit must show that they have a financial need. Ultimately, the financial situation of each Aid and Attendance applicant will be evaluated on a case-by-case basis. The VA’s determination will be based on your Income for VA Purposes (IVAP) – your gross income less a portion of medical expenses not reimbursed. Those who have an IVAP that is higher than the annual benefit amount will be ineligible for benefits.
How to Qualify for Aid & Attendance Benefits
It might be the case that you or your loved one meet the first two requirements – service and medical – but have too much income or assets to qualify. Fortunately, in some cases, there are steps you can take to become eligible. However, this must be done with great care. Taking action to rearrange your income or assets could result in a penalty period, or even disqualify you from receiving Medicaid benefits.
That’s where Estate Law Partners, LLC come in. Our Madison veterans benefits attorneys are here to evaluate your situation and help you make an informed decision about how to proceed. When you work with our Board-Certified estate planning law specialist, you can be confident that you are receiving reliable legal counsel.