VA Mandates use of Certain Forms to File Claim, Effective March 24, 2015
Effective March 24, 2015, the Department of Veterans Affairs (VA) is mandating that certain forms be used to effectuate the filing of a claim before the Veterans Benefits Administration (VBA). The VA’s website has been updated to reflect this at VA Claim Filing.
The five forms veterans should be aware of are: (1) VA Form 21-526EZ (Claim for Compensation); (2) VA Form 21-527EZ (Claim for...
“I am spending so much time caring for him that I can’t take care of myself.”
A few days ago, I overheard a conversation between two women who I think are in their 80’s. Evidently, the husband of one of them has been ill for about a year. It sounded like among other things, he may have diabetes mellitus that has progressively caused deterioration including retinopathy (impaired and blurry vision) (“he can barely see” and “I have to give him his...
The V.A. permits family caregivers to be paid, but watch out if applying for NJ Medicaid
The Veterans Administration provides a Pension and Aid and Attendance benefit for wartime veterans or their widows/widowers who have low assets and whose income is below the MAPR after deducting their uncompensated monthly health care expenses. Throughout the country, vast numbers of elders are being cared for by family members. Often those family members have given up their fulltime work...
VA Eliminates Net Worth for Eligibility for Veterans Health Administration (VHA)
The Department of Veterans Affairs (VA) announced last week that the Veterans Health Administration has eliminated the use of net worth during both the determination of eligibility and assignment of VHA priority group. The VHA will now only consider gross household income and deductible medical expenses for veteran otherwise not assigned a higher VHA priority group due to service-connected...
A Trust Protector watches out for a Beneficiary’s best interests
When assets are placed into a Trust for benefit of someone (called the “beneficiary”), the terms of the Trust provide the guidance for what the Trustee can do or not do. The Trust’s terms may be broad and vague, or they may be quite explicit. More often than not, the Beneficiary is dependent upon the exercise of discretion by the Trustee, and cannot compel a distribution....
Banks are pummeling their customers with aggravating procedures
Many of our clients are aged and many of our clients are fiduciaries for other people in roles such as Agent under Power of Attorney, Estate Administrator or Executor. NJ Rev Stat § 46:2B-19 (2013) In a typical week our clients have to ask banks to provide documents and services that are required to enable the client to file an application for public benefits, pay expenses for an estate,...
What are HIPPA forms and why do you need them?
What is known as “HIPPA” was enacted by Congress as the Health Insurance Protection and Portability Act of 1996. 42 USC 1320d-6. https://www.law.cornell.edu/uscode/text/42/1320d-6 It is designed to protect the confidentialiy of a patient’s medical information. The extensive federal regulations are found at 42 USC part 160....
Medicare Transportation a Thorny Issue for Our Clients
Many of our clients are transitioning from a status of needing a lot of Medicare coverage to a lot of Medicaid coverage in addition to Medicare. We all expect Medicare to cover acute medical care needs, skilled care and rehabilitation, while Medicaid could cover the cost of custodial care. But one important issue is transportation. If you are on Medicaid, transportation to needed medical...
Appellate Division rules that beneficiary designation on life insurance policy controls the proceeds
Merely being married does not always create property rights to assets owned by the spouse. The NJ courts were faced with that question in Fox v. Lincoln Financial Group and Scarpone, Appellate Division A-3189-13T4, decided February 24th, 2015 and approved for publication.
The decedent, Michael J. Fox, owned a life insurance policy issued by Lincoln Financial group. In 1996, after divorce from...
Pitfalls of joint ownership — estates need cash
There’s a common misperception that putting all assets into joint names or “pay on death” format makes for easier estate administration if a person passes away. In fact, an estate needs cash to pay its taxes and bills. An Executor who is named in a Will to handle the administration only has authority to handle the assets that were in “probate format” —...