If mom gets the Veterans A&A pension to help pay me for caregiving, will that income knock her out of eligibility for services based on income? She had a stroke this spring, and when my hmla ran out I had to quit, as she needs 24/7 care and lives on an 1100 social security benefit and a VERY small va pension. I'm trying to keep my home running and paid for (my 20 something kids are living there) while I live with Mom and pick up the financial slack here as well. I had to cash out my 401k and eat the 60 percent loss , but that won't last long. Mom rents her house, which is a one br. I sleep on the floor on an air bed. My house is too small, so combining households is out.
From the research I've done it seems as though she qualifies for the A&A, but I don't want to increase her income if it will make her ineligible for the help she gets now for home health, etc.
I'm just not sure if the income would cost me more than it's worth if it causes her to lose benefits. Has anyone else gotten A&A and lost other benefits?
The answer to your question will depend on the benefits she is seeking, those she is receiving now, and your state's income limits for those benefits.
The VA Improved Pension with Aid and Attendance is the highest level of Improved Pension awarded to those who have high unreimbursed medical expenses and is awarded on top of "Basic" Pension which is not based on medical need.
In some instances the Basic Pension component is considered countable income for benefit eligibility purposes and the Aid and Attendance portion is not because it is intended to provide for cost of care.
The rule is that if the Aid and Attendance award would only have been received because medical expenses consume all of the claimant's income, the entire award is supposed to be reported by the VA to state agencies as comprised totally of Aid and Attendance and therefore no portion countable as income for benefit eligibility purposes. Needless to say, the VA does always report benefits according to the rule and it can be very difficult to obtain correct reporting.
If your mother has Original Medicare, with or without a Medicare supplement, and is receiving low income SSI related benefits such as Extra Help with prescription drug coverage or assistance with Part B Medicare premiums and/or deductibles and co-pays, then the Aid and Attendance Pension benefit may have an impact on her receipt of those benefits.
If, however, she is receiving her Medicare benefits (including prescription drugs) through a Medicare Advantage plan (HMO) the only low income SSI benefit that might be affected would be Part B premium assistance if she is indeed otherwise eligible for it. The VA award, depending on the amount, will in all likelihood offset the value of these benefits.
Your profile says you live in Kentucky. If the help she is receiving now is a Medicaid program, or if she is applying for Medicaid Home and Community Based Services or Medicaid nursing home benefits in that state, the VA Aid and Attendance benefit may have an impact on her eligibility as the income cap in Kentucky (the maximum income a Medicaid applicant can have to be eligible) is $2,199 per month GROSS (in 2015). Therefore her Social Security plus the maximum Aid and Attendance award of $1,149 per month (in 2015) might put her over the income cap. This can be cured, however by creating a Qualified Income Trust (QIT). Kentucky does not offer a template for this trust and you will have to contact an attorney or obtain free legal services in your area to have it drafted.
If receiving Medicaid benefits this MUST be done in the same month she receives her first check from the VA.
I would suggest starting by contacting the state or county agency through which she is currently receiving benefits and determine the nature of those benefits and see if they can answer how a VA award will impact those benefits. You will then be armed as to what to expect when a VA Pension benefit is awarded.
I would then suggest you do a search for a County Veteran Service Officer and/or Veteran Service Officer in your area and speak with same about applying for VA Improved Pension. To obtain the maximum award of $1,149 per month all of her income will have to be consumed by unreimbursed medical expenses (household expenses are not counted as a medical expense). If she pays you all her income as her caregiver she would qualify. You will have to document this in the application and show evidence that this is the case.
I am sorry this is all so complicated but it can be successfully navigated with persistent advocacy and the proper guidance whether obtained from state agencies and/or a professional in private practice.
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