Archive for the ‘Veterans’ Category

Getting a Veteran’s Pension Benefits without Paying a Dime

Tuesday, December 13th, 2011

By Fredrick P. Niemann, Esq. an accredited NJ Veteran’s Benefits Attorney

Wonder why so few people know about VA pension benefits?  The reason, in part is that Congress has erected a wall around VA benefits.  The only folks who are legally approved to provide information to veterans about benefits are:

1. Federal Veterans Administration employees and employees of State Departments of Veteran’s Affairs;
2. Authorized representatives of Veterans Service Organizations like the VFW and American Legion, among others; and
3. Attorneys licensed to practice law in the Veterans State and accredited by the VA.

Now, if you have not already tried to get help from either the Veterans Administration or a Veteran’s Service Organization, then I highly recommend that you try to do that immediately.  Those groups truly do want to help you.  Unfortunately, because of the limited staff and hours in the day that they have, many of you have already tried to find help, but still need more.  That’s part of the reason why I have created a website for you known as www.njveteranbenefitsattorney.com (click here). It has additional information for you to read and learn.

If you have any questions with regard to Veteran’s Benefits, contact Fredrick P. Niemann, Esq; an experienced Veteran’s Benefits attorney toll-free at 888 800-7442 or e-mail him at fniemann@hnlawfirm.com today.

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

Wednesday, November 16th, 2011

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 Medicare
• Abdominal supports
• Acupuncture service
• Ambulance service
• Anesthetist
• Arch supports
• Artificial limbs
• Back supports
• Braces
• Cardiographs
• Chiropodist
• Chiropractor
• Convalescent home (for medical treatment only)
• Crutches
• Dental services
• Dentures
• Dermatologist
• Eyeglasses
• Food or Beverages described by doctor for treatment of illness
• Gynecologist
• Hearing aid and batteries
• Home health services
• Hospital expenses
• Insulin Treatment
• Insurance Premiums (medical)
• Invalid chair
• Lab tests
• Lip reading lessons (in connection with disability)
• Neurologist
• Nursing services
• Occupational therapist
• Ophthalmologist
• Optician
• Optometrist
• Oral surgery
• Osteopath
• Pediatrician
• Physical examinations
• Physicians
• Physical therapy
• Radium therapy
• Podiatrist
• Prescription and drugs
• Psychiatrist
• Psychoanalyst
• Psychologist
• Psychotherapy
• Radium therapy
• Sacroiliac belt
• Seeing-eye-dog
• Speech therapist
• Splints
• Surgeon
• Telephone/teletype for deaf
• Transportation expenses (20 cents per mile)
• Vaccines
• Vitamins prescribed by doctor
• Wheelchairs
• Whirlpool baths for medical purposes
• X-rays

Note: Most medical expenses must be prescribed by a physician to be deductible from gross income for VA benefit qualification purposes.

Depending on what your income is and what your medical expenses are, you may qualify – even if your gross monthly income seems to be too high.  If you have questions about anything in the list above or aren’t sure if an expense you incur is “unreimbursed” or not, go ahead and call us.

If you’d like us to help you figure out if, and when, to apply, or If you have any questions with regard to Veterans Benefits, contact Fredrick P. Niemann, Esq. an experienced accredited Veterans Benefits attorney toll-free at 888 800-7442 or e-mail him at fniemann@hnlawfirm.com today.

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Little-Known Government Program Pays the Cost of Elder Care for Veterans and Surviving Spouses

Friday, April 9th, 2010

Fredrick P. Niemann, Esq., NJ Elder Law Attorney

WHAT IF 33% OF ALL SENIORS IN THIS COUNTRY could receive up to $1,949 a month in additional income from the government to help cover their elder care costs? THEY CAN!

Under the right circumstances, a little-known federal program will pay additional income to cover long term care costs for at least 1/3 of all US senior households — that’s how many war veterans or their surviving spouses there are in this country. But the provisions of this program are such a well-kept secret that only 4.7% of US seniors are actually receiving the benefit. The great news about this program is the Department of Veterans Affairs will pay you to hire your family, friends or just about anyone to take care of you (Caregiving spouses can’t be paid under this program). The program is called “Veterans Pension.”

Most people who have heard about Pension know that it will cover the costs of assisted living and, in some cases, cover nursing home costs as well. But the majority of those receiving long term care in this country are in their homes. Estimates are that approximately 70% to 80% of all long term care is being provided in the home. All of the information available about Pension overlooks the fact that this benefit can also be used to pay for home care.

It also comes as a surprise to most people that the Department of Veterans Affairs will allow veterans’ households to include the annual cost of paying any person such as family members, friends or hired help for care when calculating the Pension benefit. This annual cost is deducted from household income and used to calculate a lower “countable income” which in turn enables families to receive this disability income from VA. Even though VA claims the benefit is for low income families, because of the special provision in the regulations — allowing for deduction for care costs — households earning between $3,000 to $6,000 a month or more can still qualify for Pension under the right conditions.

This extra income can be a welcome benefit for families struggling to provide eldercare for loved ones at home. Under the right circumstances, this annualized medical expense for the cost of family members, friends or any other person providing care, could create an additional household income of up to $1,056 a month for a single surviving spouse of a veteran, up to $1,644 a month for a single veteran or up to $1,949 a month for a couple.

If the disabled care recipient has been rated “housebound” or in need of “aid and attendance” by VA, all fees paid to an in-home attendant will be allowed as long as the attendant provides some medical or nursing services for the disabled person. The attendant does not have to be a licensed health professional. There is also no need to distinguish between medical and non-medical services — all are deductible.

For a disabled person who has been rated “in need of aid and attendance” or “housebound”, a family member will be considered an in-home attendant, but that family member has to be paid for services duly rendered. There is potential for fraud here where a family member may move into the home and ostensibly receive payment as a caregiver but not actually provide the level of care paid for. Documentation for this care must be provided to VA, and it is reasonable for VA to question whether the services being purchased from a family member living in the household are legitimate. Such arrangements should be extensively documented and completely arm’s-length.

The care arrangements and payment for home care must be made prior to application and there must be evidence that this care is needed on an ongoing and regular basis. We recommend a formal care contract and weekly/monthly invoice billing for services. Money must exchange hands and federal law requires employment taxes must be withheld and there must be evidence of this. All of this documentation must be provided as proof to VA when making application for the pension benefit. Costs for these services must be un-reimbursed; meaning these costs are not paid by insurance, by contributions from the family or from other sources. VA will allow, however, family caregivers being paid by their loved ones, to turn around and pay the household bills for their loved ones to help defray the cost of the care.

Due to the need for a rating, documentation for annualizing care costs and the extensive proof needed to show the caregiver is indeed an employee of the care recipient, most people should not try this on their own. An attorney in this area should be sought to help with the application in order to avoid lengthy delays in awarding a benefit or a possible denial of benefits.

For further information and advice in any elder law matter, do not hesitate to contact me at 888-800-7442, or info@fnlawyerinnj.com.  Fredrick P. Niemann and Lauren Bercik have been accredited by the U.S. Veterans Administration to counsel veterans and their families in aid and attendance and pension benefits.

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Nursing Homes for Veterans

Friday, June 26th, 2009

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 home care, unless they meet specific requirements. Here is a list of these requirements for nursing home coverage.

Who is Eligible for Nursing Home Care

  • Any veteran who has a service-connected disability rating of 70 percent or more; 
  • A veteran who is rated 60 percent service-connected and is unemployable or has an official rating of “permanent and total disabled;” 
  • A veteran with combined disability ratings of 70 percent or more; 
  • A veteran whose service-connected disability is clinically determined to require nursing home care; 
  • Non-service-connected veterans and those officially referred to as “zero percent, non-compensable, service-connected” veterans who require nursing home care for any non-service-connected disability and who meet income and asset criteria; or 
  • If space and resources are available, other veterans on a case-by-case basis with priority given to service-connected veterans and those who need care for post-acute rehabilitation, respite, hospice, geriatric evaluation and management, or spinal cord injury.

VA’s nursing home health system programs include VA-operated nursing home care units and contract community nursing homes. Many VA hospitals operate nursing home care units located in or near the hospital. Other hospitals, without adequate nursing home beds, contract with approximately 2,500 community private nursing homes nationwide to provide services.

State Veterans Homes
State veterans homes fill an important need for veterans with low income and veterans who desire to spend their last years with “comrades” from former active-duty. The predominant service offered is nursing home care. VA nursing homes must be licensed for their particular state and conform with skilled or intermediate nursing services offered in private sector nursing homes in that state. State homes may also offer assisted living or domiciliary care which is a form of supported independent living.

Every state has at least one veterans home and some states like New Jersey have three (3) of them. There is great demand for the services of these homes, but lack of federal and state funding has created a backlog of well over 130 homes that are waiting to be built.

Unlike private sector nursing homes where the family can walk in the front door and possibly that same day make arrangements for a bed for their loved one, state veterans homes have an application process that could take a number of weeks or months. Many state homes have waiting lists especially for their Alzheimer’s long term care units.

No facilities are entirely free to any veteran with an income. The veteran must pay his or her share of the cost. In some states the veterans contribution rates are set at a certain level and if there’s not enough income the family may have to make up the difference. Federal legislation, effective 2007, also allows the federal government to substantially subsidize the cost of veterans with service-connected disabilities in state veterans homes.

Eligibility and Application Requirements for State Veterans Homes
From state to state, facilities vary in their rules for eligible veterans. And even in the same state it is common, where there is more than one state home, for some homes to have very stringent eligibility rules and others to be more lenient. New Jersey’s regulatory criteria are uniform.  These differing rules are probably based on the demand for care and the available beds in that particular geographic area.

Federal regulations allow that 25% of the bed occupants at any one time may be veteran-related family members, i.e., spouses, surviving spouses, and/or gold star parents who are not entitled to payment of VA aid. When a State Home accepts grant assistance for a construction project, 75% of the bed occupants at the facility must be veterans.

Domicile residency requirements vary from state to state. New Jersey requires an applicant to be a NJ resident domiciliary.

All states require an application process to get into a home. Typically a committee or board will approve or disapprove each application. Many states have waiting lists for available beds.

For further information and advice in any veterans, do not hesitate to contact me at 732-863-9900 Ext. 101 or 105, or fniemann@hnlawfirm.com.

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Fredrick P. Niemann, Esq. accredited by US Veteran’s Administration

Friday, October 31st, 2008

Fredrick P. Niemann, Esq. of Hanlon Niemann, P.C., a Freehold Township, NJ law firm with a significant elder law practice, was accredited by the US Veteran’s Administration as a certified attorney accredited to file, prepare, counsel and assist veterans and their families in Aid and Attendance pension benefits.  This pension is extremely valuable to NJ’s struggling families facing large and increasing long term care costs for assisted living and nursing home care.  It is a pension available to aging veterans 65 and older as well as veterans who are disabled or blind, and their surviving spouses.  Monthly benefits can exceed $1,880 per month. 

Benefits for Aid and Attendance are seldom applied for by eligible veterans, and Mr. Niemann is actively working to inform NJ veterans who are facing declining health or spending significant monthly income for medical and care costs.  He can be reached at (732) 863-9900 or fniemann@hnlawfirm.com.  Hanlon Niemann is located at 3499 Route 9 North, Freehold, NJ 07728.

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Fact Sheet — Understanding the Veterans Pension Benefit (Commonly Called Aid and Attendance)

Friday, August 8th, 2008

Why is it important for government agencies, care providers or eldercare advisers to know about this Pension?

The national care planning Council estimates that approximately 11.5 million seniors — about 33% of all people over 65 — could qualify for Pension or Death Pension by meeting the tests outlined in this fact sheet.  That’s how many war veterans or their surviving spouses or their living spouses there are in this country.  Unfortunately, few people know how to get this benefit and currently only about 543,000 individuals are actually receiving it.  This represents only 4.7% of those who could be eligible.

What is Pension?

Improved Pension and Death Pension are disability income programs available to veterans or to the single surviving spouses of deceased veterans.  The veteran had to have served on active duty at least 90 days with one of those days during a period of war.  Service in combat is not required, only that the veteran was in the service during wartime and was discharged honorably.  Charts showing the available amount of income and the dates for wartime service are included below.

There is a sister benefit to Pension called Compensation.  This is for veterans who are disabled because of injuries or illnesses incurred while on active duty.  Compensation is generally the more desirable benefit for a number of reasons we will not go into here.  A veteran household cannot receive Pension and Compensation at the same time.  A decision must be made as to which benefit is better and the veteran must choose only that benefit.

Period of War

Beginning and Ending Dates
World War II December 7, 1941 through December 31, 1946
Korean Conflict June 27, 1950 through January 31, 1955
Vietnam Era August 5, 1964 through May 7, 1975; for veterans who served “in country” before August 5, 1964, February 28, 1961 through May 7, 1975
Gulf War August 2, 1990 through a date to be set by law or Presidential Proclamation

In order to receive the benefit, a veteran household must meet the criteria above as well as meeting an income and an asset test and, in most cases, a medical needs test. 

Think you may qualify?  Contact Fredrick Niemann today.

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VA Announces $4.7 Million to Help Caregivers Department Enhancing Education, Training and Resources

Tuesday, April 29th, 2008

The Department of Veterans Affairs (VA) today announced it will provide nearly $4.7 million for “caregiver assistance pilot programs” to expand and improve health care education and provide needed training and resources for caregivers who assist disabled and aging veterans in their homes.

“This funding will enhance support and training for the family members and other caregivers who sacrifice to care for disabled and aging veterans,” said Acting VA Secretary Gordon H. Mansfield.  “At VA, we’re committed to looking after caregivers who dedicate their own time and well-being to take care of loved ones who are veterans.”

The pilot programs will support eight caregiver projects across the country.  In addition, VA provides support and assistance through a variety of programs such as care management, social work service, care coordination, geriatrics and extended care, and through its nationwide volunteer programs.

Among the key services provided to caregivers are transportation, respite care, case management and service coordination, assistance with personal care (bathing and grooming), social and emotional support, and home safety evaluations.

Education programs teach caregivers how to obtain community resources such as legal assistance, financial support, housing assistance, home delivered meals and spiritual support.  In addition, caregivers are taught skills such as time management techniques, medication management, communication skills with the medical staff and the veteran, and ways to take better care of themselves.

Many of the projects use technology, including computers, Web-based training, video conferencing and teleconferencing to support the needs of caregivers who often cannot leave their homes to participate in support activities. 
 
The VA pilot programs include:

  • At the Memphis (Tenn.) and Palo Alto (Calif.) VA medical centers, a project will provide education, support and skills-building to help caregivers manage both patient behaviors and their own stress.  This intervention will be provided in 14 Home-Based Primary Care (HBPC) programs across the country and also to caregivers in non-HBPC settings at the Palo Alto VAMC.
  • At the VA medical center in Gainesville, Fla., caregivers will take part in a Transition Assistance Program to provide skills training, education and supportive problem solving using videophone technology.
  • At the VA Healthcare System of Ohio, headquartered in Cincinnati, caregiver advocates will be available around the clock to coordinate between VA and community services.
  • At the VA Desert Pacific Network and the VA Sierra Nevada Healthcare System, VA will work with a community coalition to provide education, skills training and resources for caregivers of veterans with traumatic brain injury using computer-based telehealth, including Web, telephone and videoconferencing.
  • At the VA medical center in Albany, N.Y., a pilot project will convert a three-hour workshop developed by the National Family Caregivers Association called “Communicating Effectively with Health Care Professionals” into a cost-effective multimedia format.
  • At the Atlanta VA Medical Center, use of computer-based technology will provide instrumental help and emotional support to caregivers who live in remote areas or to those who cannot leave a patient alone.
  • The Tampa VA Medical Center and the Miami VA Healthcare System are working on a collaborative project.  In the Tampa area, the current program will be expanded to provide 24-hour in-home respite care to temporarily relieve caregivers up to 14 days a year.  In Miami, the program will coordinate comprehensive community-based care services, including respite, home companions, adult day care and use of emergency response system.
  • The VA Pacific Islands Health Care System will use the “medical foster home” model of care, in which caregivers in the community take veterans into their homes and provide 24-hour supervision.  This program will take place on the islands of Kauai, Hawaii, Maui and rural areas of Oahu.

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