KB Times
Katten & Benson, Your Elder Care Law Specialists
May 2011 - Vol 5  Issue 4 |
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| Did You Know? |
- There are currently about 4.4 veterans of WWII and the Korean Conflict
- There are only about 310,000 vetarans receiving a VA Pension
US Department of Vetarans Affairs
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| K & B Happenings | |
There is a lot happening this month at Katten & Benson. First, it's vacation time!
Steve will be on vacation from May 2-10. Monica will be on vacation May 26-27. Kim will be on vacation May 14-20.
We are celebrating several graduations this month, all on that lucky day, Friday, May 13. We're not sure yet what our schedules will be, but we will likely have limited office hours that day.
Steve will be in Houston that day to celebrate his son David's graduation from Rice University.
We are also proud that Dana Brown, our newest employee and former law intern, and Nicki Sontag, our current law intern, will graduate that day from Wesleyan Law School.
Congratulations to all graduates!
Monica is doing a presentation at First Baptist Church in Denton on May 6 from 10:00-11:30. Her topic is Legal Documents and Surrogate Decision Making.
Monica and Kim are speaking at the Lockheed Martin Caregiver Group May 10 at 11:00 and noon.
The office will be closed Monday, May 30 in observance of Memorial Day.
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VA Benefits
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There are a number of benefits available to older and retired veterans, but one of the most beneficial is the Aid & Attendance benefit.
This benefit is considered a pension, and is available to veterans who served a minimum of 90 days on active duty, with at least one day served during war time. Additionally, the veteran must have been discharged with anything but a dishonorable discharge. Other eligibility qualifications include countable income below a yearly limit set by law and being age 65 or older.
The benefit is a cash benefit that helps you pay for unreimbursed medical expenses.
War Time The VA defines the following periods as "War Time":
- WWII: December 7,1941 to December 31, 1946
- Korean Conflict: June 27, 1950 ro January 31, 1955
- Vietnam Era: August 4, 1964 to May 7, 1975; for veterans who served "in country" before August 4, 1964, February 28, 1961 to May 7, 1975
- Gulf War: August 2, 1990 through a date to be set by law or Presidential Proclamation
Unreimbursed Medical Expenses
Unreimbursed medical expenses can include insurance premiums, including your Medicare B and D premiums, prescription drug co-payments, nursing home costs, assisted living costs, payment for non-medical home care and recurring supply expenses.
Unlike Medicaid, the VA has no set asset limit regarding qualification. The VA considers the applicant's age, health, unreimbursed medical expenses, as well as assets, to determine eligibility. In general, the older the applicant, the fewer the assets they are allowed to maintain.
The VA has no look-back period for gifting, so applicants are sometimes instructed to give assets away in order to qualify for benefits. Before doing this, however, it might be beneficial to consult with us regarding how a gift might impact future application for Medicaid benefits.
Federal law prohibits anyone from charging a fee for completing a VA application on behalf of a veteran. If someone wants to charge you a fee for this service, go see someone else. There are many agencies out there that are available to assist with completing an application, and a list of accredited organizations can normally be found on the VA website, however at this time the web page is not available.
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| VA Healthcare | I confess, I find the VA system daunting and confusing. But there are good services available, and with the new VA Clinic in Fort Worth, which is one of the largest VA outpatient clinics in the country, it is more accessible than ever.
Eligibility for health benefits is based on two things: Your status as a veteran and qualifying military service. If you have an honorable discharge, a general discharge, or a discharge under honorable conditions, there is no issue. You may still qualify if you have another type of discharge, but you will need to contact the enrollment coordinator at your local healthcare center.
There is no length of service requirement if you are:
- A former enlisted person who started active duty before September 8, 1980, or
- A former officer who first entered active duty before October 17, 1981 or
- A veteran with 24 months of continuous active duty military service.
There are a number of exceptions to the last item, and you can see the full list at the VA website. In order to enroll in services, you need to compete VA Form 10-10EZ. You can request a form by calling or writing your local VA health care facility or benefits office, or by calling VA Health Resource Center, toll-free at 877-222-VETS(8387), Monday through Friday between 8:00 a.m. and 8:00 p.m. eastern. You can also apply online. It's a good idea to go ahead and enroll even if you don't plan to utilize the service much or see many of the benefits in the near future. It's easier to apply when you don't need it, than to wait and apply when you needed the benefit a month ago. There is more information on the application process, as well as available benefits on the VA website.
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Older Americans Month
|  The theme of this year's celebration-Older Americans: Connecting the Community-pays homage to the many ways in which older adults bring inspiration and continuity to the fabric of our communities. Their shared histories, diverse experiences, and wealth of knowledge have made our culture, economy, and local character what they are today. The theme also highlights the many ways technology is helping older Americans live longer, healthier and more engaged lives.
Please join Katten & Benson as we celebrate Tarrant County's Older Americans at the Older Americans Month Reception hosted by the Area Agency on Aging of Tarrant County and the United Way of Tarrant County. The reception is Thursday, May 12, 2011 from 2:30-4:30. The reception is at the Botanic Gardens Oak Hall, 3220 Botanic Gardens Blvd. For more information, contact Dodie Dugan at 817-258-8033, or dodie.dugan@unitedwaytarrant.org.
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Don't forget that we are always here and ready to help with your long term care planning needs.
Sincerely,
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Kim Olmedo, LCSW, CCSM, CSW-G
Elder Care Coordinator
Katten & Benson
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