Myth: “Medicaid doesn’t count the annual exclusion gifts”
A few days ago I met with a new client whose elderly relative had given out $12,000 gifts per person to a set of favorite relatives about 4 years ago because someone at the bank told her that if the gifts were limited to this amount $12,000 it would not be counted against her if she had to go to a nursing home. You would not believe how often this incorrect legal advice is given out, often by...
Caregiver Child Payments under Medicaid and VA Pension
In the realm of elder care, a child who resides in their parent’s home and provides the care, assistance and supervision needed to enable the parent to remain in the community is typically referred to as the “caregiver child.” Sometimes — oftentimes — the child is giving up other jobs or income in order to provide this caregiving. Frequently the parent wishes to...
Medicaid and VA Pension Comparisons, Part II
My last post discussed some of the differences between Medicaid and the Veterans Improved Pension programs with respect to the treatment of assets, trusts and transfers.
The treatment of income is also different among these programs. Here is a chart that will give you these comparisons at a glance.
2014 VA Pension and Medicaid income resource chart
Income eligibility for Veterans Improved...
Army Law Review Article on OTH Discharge for Nat. Guard
In the July 2014 issue of The Army Lawyer, Captain Jeremy Bedford published an article entitled, “Eligibility for VA Disability Compensation and Health Care Benefits for Army National Guardsmen Discharged with an Other Than Honorable Discharge”. The article, accessible at Army Lawyer Article, OTH Discharge and VA Disability, discusses inter alia the situation where the service...
Trust & Transfer Planning for VA Benefits may not be effective for Medicaid Planning
A Medicaid application for nursing home level services is not filed until your countable, available assets are below a specific limit. Transfers (gifts) and Trusts can be used in certain circumstances. When our attorneys are analyzing the laws and developing your asset protection plan, the two major issues in this regard are (1) whether the funds in the Trust continue to be countable assets,...
Sec. Hagel’s Guidance to BCM/NR for PTSD
On September 3, 2014, Secretary of Defense Chuck Hagel issued supplemental guidance to the Correction of Military/Naval Records (BCM/NR) for veterans seeking discharge upgrades when the underlying misconduct may have a relationship to service-related Post Traumatic Stress Disorder (PTSD). Service secretaries have been directed to implement the guidance within 45 days.
A copy of the directive...
Finally, Insurors are Developing Billing Codes for End-of-Life Medical Counselling
The NY TImes reported on August 31 that the American Medical Association (AMA) has created billing codes for doctors to use when they spend time with a patient discussing and explaining the options for medical treatment at the end of life. http://www.nytimes.com/2014/08/31/health/end-of-life-talks-may-finally-overcome-politics.html
The billing codes have been submitted to the Centers for...
CMS provides guidance to sort out the alphabet soup of the Affordable Care Act and Medicare
The federal Centers for Medicare and Medicaid Services (CMS) has recently published a terrific FAQs sheet (Frequently Asked Questions) to help people understand the interplay between Medicare and the Affordable Care Act (ACA). take a look at http://www.cms.gov/Medicare/Eligibility-and-Enrollment/Medicare-and-the-Marketplace/Downloads/Medicare-Marketplace_Master_FAQ_8-1-14.pdf
Section 1882(d)...
When parents retire, SSI recipients should update look at their beneits
Are you thinking about starting to collect your Social Security retirement benefits soon? When the parent of an SSI recipient retires, there may be an opportunity for the child to apply for Social Security Disabled Adult Child Benefits (DAC) based on the earnings record of the parent. This can be highly beneficial because (1) the benefit may be higher than SSI, (2) the child can receive...
VA Form 21-0958 (Notice of Disagreement) Compatibility Issues and Simple Solution
Since the Department of Veterans Affairs released the standardized Notice of Disagreement (VA Form 21-0958) in February 2013, hundreds of veterans have contacted me because they have been unable to download the form through the VA website at http://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958. In turn, I’ve been happy to provide the Notice of Disagreement form via email. From my...