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                  VA NEWS FLASH
from Larry Scott at VA Watchdog dot Org -- 07-05-2007 #1-3
 


 

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MAIL CALL! YOU'VE GOT QUESTIONS, JIM STRICKLAND HAS

ANSWERS -- Veterans' Advocate Jim Strickland

answers questions from VA Watchdog readers.

 

 

Veterans' Advocate Jim Strickland provides regular columns for VA Watchdog dot Org.

If you would like to contact Jim about his columns, you can email him here...

The archive of Jim's articles is here...

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I've been very fortunate that in the last 5 or 6 years I've used a civilian ER twice and it's been paid promptly. A friend is still trying to get his paid a year later and it only stopped after I got sneaky and called the biller and made up a tall tale of writing a story about how slow VA pays. They were happy to speak with me and gave me way more confidential information about a particular Veteran than they should have. I turned the table and began to ask them how many other of America's heroes were they threatening will legal action, late night phone calls, abusive language and such? I then pointed out their violations of privacy rules for telling me such and such and by then I had everything but their children's names. It was pretty funny and he hasn't heard a word since. (Not too long after this event the VA paid his bill. The person harassing him was a Vet herself and apologized. She was “just doing her job”.) (July 07 follow-up; We heard the harassing employee was terminated. VA apparently inquired into the manner a Vet had been treated and the investigation seems to have uncovered other events.)

 

A Reader's Question:

I'm not sure if you can help me with this problem, but I thought it worth a shot. My Dad applied for the Aid and Attendance Program and was accepted after the usual 6 months of waiting. We had to pay 50% to his caregivers until the program went into effect and was then re-imbursed. Once we found out the exact amount that our dad was getting, the home-care business upped his hours to insure they got all of his check. We agreed with this because dad needs almost constant care. He lives in a Senior Housing controlled by HUD. That is where we are now running into a problem. HUD says that they have to consider this pension as income and want to raise his rent, or he may be asked to move because his income is now too high. He doesn't get any of the pension for himself. It is all turned around and paid back out for his care, so how can this be considered income? My Dad wants to be able to spend his last days in the home he has lived in for the last few years. He's been in two different nursing homes with negative effects because he just wants to be home. We want that for him also but are not able to help him financially. Do you know of anything that we can do as far as approaching Hud with this issue? We have a meeting scheduled with them in a couple of weeks to re-evaluate his rent. Thanks for any help you can provide me.

My Answer:

This is outside my expertise. I'm going to put you in direct contact, via this email, with an expert consultant who manages a home for seniors and helps many Veterans. My friend has proven to be an invaluable resource in assisting others as they grapple with the A & A benefit.

The Consultant's Reply To The Reader:

Under the HUD program (or ANY assistance program), any money that your Dad receives is considered "Income"....whether it be a Social Security check, a Retirement check, a VA Pension check, or a VA Disability check. This is ALL money in the bank. This should have been understood as you were filling out the application for the Aid and Attendance. You had to figure out if this additional VA Pension income would interfere with any other benefit programs that your Dad may have qualified for and decide which one is the best.

If your Dad's income is above a certain amount, he will not qualify for HUD, Medicaid, or anything else. (This Aid and Attendance Pension is obviously raising his income.....no matter what he is spending the money for.) If he draws a Social Security Check and is under Medicare, the Social Security check was considered "Income", and the Medicare payment deducted from that check was considered "Medical Expense" under this Aid and Attendance.

This VA Pension is to help Veterans with their "Medical" expenses. It is not for housing, utilities, food, or anything else. Your Dad should qualify for free medicine and free medical care from the VA, and he should qualify for a VA Nursing Home.

Because HUD is based on income and is totally separate from the VA program, you should have talked with them (HUD) to see if this pension would interfere with your Dad's housing situation. That would have been your first priority when considering this Aid and Attendance Pension.

I am very sorry that your Dad won't qualify for HUD now. You will need to decide which program will benefit your Dad the best....HUD or Aid and Attendance.....or Medicaid. With this VA Pension and his Social Security, perhaps he could pay for Assisted Living. You might want to check this option out. OR....you will need to discontinue the Aid and Attendance Pension and continue with HUD.

If your Dad qualifies for Medicaid, it might be possible to get an Aide to come to his home for a few hours each day (free). You might investigate to find out what Medicaid will provide. (If he qualifies for HUD, surely he must qualify for Medicaid).

 

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Larry Scott  --

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