Among the changes:

• A three (3) lookback period.
• Changes to who can be a caregiver.
• A new “bright-line asset test” of $126,420.00

Following these changes, more people were able to apply and receive benefits without planning. However, planning is still important to not only remain eligible to receive benefits , but to also begin planning for Medicaid benefits–if nursing home care will be required in the future.

Most strategies will still involve supplementing your estate plan with an irrevocable trust to not only protect the assets that you have if you are under the new $126,420.oo threshold, but to also protect your home if in the event that it is sold AFTER you have already qualified for these benefits.

If you are residing in Michigan, a veteran, or family of a veteran either receiving these benefits or in need of VA A&A benefits, then you should call our office to learn more about longterm care planning. 866-529-ELDR or 586-264-3756.

Metro Detroit and West Michigan seniors that receive VA benefits for long term care through VA Aid and Attendance Benefit, have always looked forward to the annual federal budget announcement of the Cost of Living Adjustment (COLA). This year the announcement is not favorable. The latest from the Social Security Administration is that there will not be a COLA adjustment for 2016.

As a result veterans receiving this benefit can be all but certain to receive the same monthly amounts that they have in 2015. For now this is the only change to the VA non-service connected benefits that will be in effect for 2016. The proposed “looks-back” and transfer regulations are not a definite yet…

For more information about the COLA and your benefits follow the link below. If you do not receive VA benefits to assist you or your loved ones with long term care, please call our office at 1-866-529-ELDR. We can assist wartime veterans with long term care planning throughout the State of Michigan.
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Have an IRA? Facing a long-term care planning situation? Or maybe you have a loved one with elder law needs?

The biggest misconception for clients facing elder law issues is that Michigan elder law attorneys can only help veterans or adults facing nursing home placement and Medicaid planning.. This is not true. Using the same techniques for families that are facing nursing home placement or VA benefit planning, skilled elder law attorneys in Michigan can achieve fantastic results.

Understanding the law is key. Michigan Medicaid, which provides benefits to seniors confined to nursing homes, has a five (5) year “look-back” period. The law is interpreted by the Michigan Department of Health and Human Services as a strict policy that applies to ALL transfers occurring within a five (5) year period of application for Medicaid benefits. Further, the law assumes that any person over the age of sixty-five (65) can presume that they will reside in a nursing home in the future. As a result, many seniors and their families are reluctant to make transfers, even at the expense of their own care. However, if proper planning is used, a potential benefit applicant can INTENTIONALLY trigger a “divestment penalty” and actually PRESERVE assets if and when he or she needs nursing home care.

During this five (5) year period, there will be a need to provide for private care while the “clock ticks” on the look-back period. This can be accomplished by planning and applying for VA benefits to help satisfy the shortfall created by transferring assets from the potential applicant’s name. However, if the applicant is not a veteran, then additional planning is needed.

The answer, although often counterintuitive to most financial advice, may be using an IRA. IRAs (Individual Retirement Accounts) are tax-deferred or tax qualified assets used to provide income in retirement. These accounts grow, tax deferred, until withdrawals are made from the accounts either as needed, once over the age of fifty nine and a half (59 ½ ), or as required by law at seventy and a half (70 ½ ). Due to their favorable tax treatment, people are reluctant to access these accounts unless they feel that they must. This thought, compounded by financial planners, often results in people not touching the accounts until they are required, by the Internal Revenue Code (IRC), or, by the family of the deceased account holder, after his or her death.

Applying a sound long-term care planning strategy, a potential Medicaid applicant should consider using his or her IRA as his or her own “private benefit”. This is especially true if the person is anticipating the need for care in the future and IS NOT otherwise eligible to receive VA benefits. Systematically paying out or withdrawing from the IRA will trigger a taxable event on the money received, but, often times the amount can be offset by the care expense, itself, and will be the missing piece to supplement other monthly retirement income during the (5) year period AFTER all other non-qualified accounts (i.e. bank accounts, mutual funds, stocks, and, bonds) are moved into an irrevocable asset protection trust. Thus, by viewing an IRA as a source to provide a “private benefit” that can be used to help pay the cost of care, an individual facing long-term care planning can not only preserve his or her non-qualified assets and estate, but, can also avoid passing a tax burden to his or her family by inheriting an IRA.

Sound complicated? It is… Do not try this at home, proceed at your own risk. The best way to determine if this type of planning is appropriate for you and, or, your family is to call for a free consultation.

At SMDA, P.C. we always remind you to “Call First-Act Second”.

In West Michigan please call (616) 931-3670 , or, in Metro-Detroit, please call (586) 264-3756 to schedule an appointment.

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The time has come and gone for “public comment” regarding new proposed rule changes to the VA’s non-service connected benefits program. The benefits can provide much needed relief to seniors struggling to provide for their own long term care expenses. Currently, eligible veterans or their surviving spouses can collect up to almost $2,100.00 per month if married; $1,750.00 per month if single; and, $1,150.00 per month as a surviving spouse.

Proposed regulations introduced in late January, will, more than likely, be effective in the near future. The regulations will introduce a three (3) year “look-back” period and “penalties” for asset transfers performed to create eligibility for these benefits. The regulations, like most new legislation creates uncertainty. Many of the provisions within the regulations appear to affect veterans eligible under current law and treat applicants differently depending upon the class of eligibility they are seeking.

Pursuant to federal law, regulations like these, should not become law any earlier than one (1) year from the expiration of the “public comment period.” The public comment period expired in late March of this year. According to this analysis, more than likely, the effective date of the new regulations will be April 1, 2016. However, as with much legislation, executive orders, and regulations, the answer remains clear as mud. For now, the best path remains to move forward with planning and seek assistance from skilled elder law professionals that understand current law.

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In about a month, the public commentary period for the new proposed VA regulations will end. There is still time to help our veterans and seniors that rely on non-service connected, improved pension and aid and attendance benefits. In Michigan there are about 600,000 living veterans that can become eligible for these benefits.

The proposed regulations are too restrictive, do not provide “cures” for ineffective planning, and will create a reliance on other, more costly, federal and state benefits. The likely outcome of the proposed regulations will be that seniors and veterans will be dissuaded to apply for benefits that are desperately needed to assist with memory care, assisted living and home care.

Please see our earlier posts regarding these changes.

Public comments may be submitted through the federal website or by mail or hand-delivery to: Director, Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments must include that they are in response to “RIN 2900-AO73, Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits.”

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Michigan veterans and seniors need to express their concerns over proposed new VA regulations affecting their ability to plan for benefits. Our office supports changes to regulations in order to protect seniors and veterans in Michigan, but, changes need to be consistent with Congressional intent, the Constitution itself, and, at the very least, consistent with Medicaid regulations that are true and tested over time.

Current VA regulations DO NOT include a “look back” period. This has provided unscrupulous planners to take advantage of the law to sell financial products unfit for seniors facing long term care planning decisions.

Seniors and veterans using accredited attorneys, agents, or other planners skilled in elder law often provide sound, legal strategies to ensure that seniors and veterans that need help, DO NOT exhaust their assets because of the cost of their care and are others forced into a nursing home, at the federal government’s own expense, in the form of Medicaid.

The proposed new regulations will create regulations that arbitrarily treat different classes of claimants differently, potentially violating the United States Constitution and federal law. Specifically, the proposed regulations, as written, will:

1. Treat a married applicant differently from a single veteran or surviving spouse, by creating a longer penalty period for single veterans and surviving spouses that “give away” the same amount of money or asset-effectively disproportionately treating different classes of people applying for the same benefit.

2. Not follow Medicaid regulations. Although the VA directly references that it wishes to uphold the “spirit of Medicaid regulations” it does not allow: hardship provisions for gifts made for reasons not related to planning; does not allow an opportunity to “cure” gifts or transfers; treats annuities as “gifts” and, subjects prior claimants and applicants to the same penalties as applicants AFTER the proposed regulations are adopted. These are all concepts and ideas allowed, and, or, accepted pursuant to Medicaid regulations.

3. Circumvent Congress. The new regulations do not comply with the intent of Congress. Congress has introduced several different bills from 2012-2014 without adopting any laws to change VA practice. By not allowing our lawmakers to create laws for the VA to follow, the VA has essentially taken it upon itself to make its own law.

4. Unfairly treat people who engage in simple estate planning through the use of a living trust. The new regulations define all transfers to trusts as transfers for less than fair market value; thus, subjecting people using living trusts to divestment penalties.

5. Contradict the VA itself. Even thought he VA specifically addresses that they are trying to end planning techniques that allow applicants to become eligible through the use of planners (i.e. professionals like attorneys, CPAs and financial planers) statistics show that less than one percent (1%) of applicants make transfers to become eligible for benefits, which in turn, probably means even less are seeking the services of professionals to become eligible for benefits.

6. Violates due process. Current claimants that are eligible under current law will be denied continued eligibility based upon transfers that they made prior to the date of their original applications.

The above examples can all be used to address your local Congressperson to illustrate why allowing the VA to adopt its own proposed regulations is a bad idea and will hurt seniors and veterans. You may find out who your Congressperson is by following this link.

You may also contact the VA directly with your comments by phone, email, or letter by using the following information:

Martha Schimpf, Analyst
Pension and Fiduciary Service (21P)
Phone 505 364-4817 Fax 505 346-4861
Veterans Benefits Administration,
Pension and Fiduciary Service (21P)
810 Vermont Avenue NW.,
Washington DC 20420
You may also post your comments directly to the federal website by following this link.

Your voice is important. You need to be heard!

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Your help is needed to protect Michigan veterans and seniors. The Department of Veterans Affairs (VA) has introduced new regulations that will negatively affect your ability to receive benefits for yourself and your loved ones.

New proposed regulations, introduced January 23, 2015, will create a three (3) year “look-back” period for applicants, similar to Medicaid. It will eliminate your ability to protect your assets through legal planning strategies to immediately qualify for benefits.

Although our office supports protecting veterans and seniors from abusive planning practices, the new policies simply go too far by creating several unintended consequences:

• Create a longer time period for approval as the VA reviews financial transfers occurring within three (3) years of application.
• Potentially disqualify seniors and veterans that are currently eligible to receive benefits.
• Dissuade seniors and veterans from pursuing benefits for home care, independent living, and, assisted living.
• Encourage more people to apply for Medicaid creating a greater strain on the federal budget.

Our legislature decided NOT to pursue similar regulations in the past. Now the VA has taken it upon itself to create new law.

If we do not act now, these policies can become law as early as April 1, 2015 hindering service organizations from helping our World War II, Korean War and Vietnam War veterans qualify for benefits they need for their care.

Our voices need to be heard. We need people to contact their representatives in congress and the VA itself. Residents of senior communities, seniors, veterans, families of veterans, and senior living communities themselves need to express their opposition to these new proposed regulations.

Call, write, or e-mail the VA to let them know that these proposed rules need to be re-examined and not be put into law. Your opinion matters, contact the VA at:

Pension and Fiduciary Service (21P)
Veterans Benefits Amdinsitration 810 Vermont Avenue NW Washington, DC 20420

The VA must receive comments before March 24, 2015.

You may also contact your legislator. If you do not know who your local congressperson is, you may find out by going online:

http://www.house.gov/representatives/find/

It is not to late to help our veterans and seniors.

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In the last entry we encouraged readers to contact their representatives in the United States Congress to make their opinions count and voice opposition. Following a conference with members of a national networking group, Arizona Attorney, Steven Dabbs proposed the following letter. Feel free to “cut and paste” if you would like your voice to be heard to help our seniors and veterans. Your local lawmakers can be found at: Find Your Lawmaker

RE: This is submitted in response to “RIN 2900-AO73, Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits.” Proposed Rules change.

Dear Representative,

The VA proposes to take benefits away from our wartime veterans. Throughout this proposed rule change, the VA sites that this is the intent of Congress. I oppose these rule changes and the attempt of the VA to circumvent Congress and betray the very group it is supposed to be serving: the veterans.
Is it the intent of Congress?

1. To cause a veteran or survivor not to seek the care he or she needs for fear of running out of money?

2. To have a bright line net-worth limit, which combines income and assets of both spouses tied to the CSRA, with a one- to two-year life expectancy as a basis for this limited amount? Further stating that this is what Congress wants because this is in line with the Medicaid asset limits. Not taking into account any of the other provisions that the Medicaid allows and pays for.

3. Is a 36 month look back what Congress wanted when it never made it out of committee to become important enough to be voted on by the entire body of Congress? This is wrong on so many levels, main result is it harms Veterans.

4. Is it the intent not to have a clear grandfathering of current claimants if these rules were adopted? Which will cause added and undue stress to current claimants and loved ones if these changes were to be implemented, and they potentially will have their claims benefits reduced or stopped all together. If this is exactly the impact of these changes will cause.

5. Is it the intent of Congress to increase the cost of care, depleting veterans’ assets further? Resulting in the veteran not to seek needed care by requiring caregivers to be licensed and denying care received in independent living communities as a medical expense. Reversing a 2013 VA decision.

6. Is it the intent of Congress to drive veterans to the taxpayer-funded Medicaid program, which would be an unnecessary traumatic experience for the veterans who paid such a dear price serving our country?

7. Is it the intent of Congress to make veteran pensions more restrictive than Medicaid by disallowing the use of trusts and annuities as legitimate long-term care needs planning tools? Is this not a contradiction where Congress allows this type of planning with one program but not another?

Do not allow the Veterans Administration, which is a government agency, to deliberately harm our veterans and to interpret the intent of Congress, at the same time circumvent Congress.

Sincerely

Any contact with lawmakers and the VA can only help get the message out that seniors and veterans rely on these benefits to avoid nursing home care and Medicaid qualification.

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On Friday our office received notice that the VA has submitted significant changes to non-service connect benefit eligibility that will directly impact Michigan Veterans and Veterans nationwide. Click here for a link to these changes.

Michigan Elder Lawyers, National Academy of Elder Law members and several Veteran Service Organizations (VSO) oppose the proposed regulations. Specifically, the changes will:

1. Create a three (3) year look-back period for new applicants.
2. Create a “broadline” test for asset eligibility based on Medicaid standards.
3. Treat planning techniques as “wealth transfers”

The result of the regulations, as they are currently worded will trigger the following unintended results:

1. Increase the “back-log” of applicants seeking VA benefits.
2. Disqualify current eligible benefit recipients moving forward.
3. Force more seniors and elders to apply for Medicaid.
4. Increase the amount of Medicaid dollars spent on nursing home care.
5. Cause many vulnerable seniors and veterans to not pursue assistance or help at home.

After failing to enact new legislation in Congress, the VA has decided to take it upon themselves to implement new regulations. In fact, Senate Bill 3270-944-748 failed in the United States Senate in 2013. The bill proposed many of the same rules within the VA’s new proposed regulations. If Congress did not believe that the regulations were proper for seniors and veterans that rely on assistance to provide for care, why should the VA be allowed to circumvent the process by introducing regulations that will make “bad law?”

Although our office supports changes to the current regulations that allow seniors and veterans to become eligible for benefits with some planning, the new regulations simply go too far.

The proposed changes are available for public comment until March 24, 2015.

There is still time to express your concerns regarding these regulations by contacting BOTH the VA and your lawmakers at:

Pension and Fiduciary Service (21P)
Phone 505 364-4817 Fax 505 346-4861
Veterans Benefits Administration,
Pension and Fiduciary Service (21P)
810 Vermont Avenue NW.,
Washington DC 20420
Your local lawmakers can be found at: Find Your Lawmaker

With your assistance, we can stop the federal government from introducing regulations that will not only hurt our seniors and veterans, but also take away benefits from our honored WWII, Korean War, and Vietnam Veterans.

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Michigan families in Metro-Detroit and West Michigan helping a loved one with long term care, elder law, Medicaid, and VA assistance are faced with several difficult questions. The most important question involves the type of placement that is appropriate for their loved one. Often times, nursing home care or “homes for the aged” as they are licensed, are the first answer to the placement question. Nursing homes, are designed to help those that truly need the most care. If your loved one does not truly need “full 24 hour care” better placement solutions can be found at adult foster care facilitates, independent living facilities or private care facilities. Despite the placement options available, most families solely make the decision based on finances and available governmental benefits.

My Michigan clients in Metro-Detroit and West Michigan, are always stunned to learn that there are alternatives to nursing home placement. One solution can be using VA benefits to supplement a loved one’s income to provide enough monthly income to cover the cost of private placement at an independent facility with care or a private assisted living. Given the new VA non-service connected improved pension benefit rates (see the last blog entry) for 2015, we can often double a senior’s monthly income which can be the difference between receiving private care at a facility of the family’s choice and using Medicaid for nursing home benefits. As an alternative, if the senior is not a veteran we can discuss proper planning using his or her available assets to provide the same level of care in an alternative setting.

The goal of any long term care planner or elder law attorney is to explore placement options, and to protect assets by increasing monthly income. Often care similar to a nursing home can be provided at facilities. The downside is that such care comes at a high cost. Therefore without proper planning, families often ignore using different care options and proceed straight to nursing home care.

If you are a family facing long term care planning or elder law issues for a loved one in West Michigan or Metro-Detroit, please call our office at 1-866-529-ELDR or (586) 264-3756, or, (616) 931-3670.

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As the year draws towards an end, the annual cost of living adjustments (COLA) for social security and other govenmerntal benefits are released. Hot off the press and effective January 1, 2015 the following will apply to qualified veterans receiving and or applying for non-service connected pension benefits in the form of aid and attendance:

Surviving Spouse $1,149.00
Single Veteran $1,788.00
Married Veteran $2,120.00
Improved Pension only $1,404.00
2 Married Veterans $2,837.00
Benefits can be used to help offset the cost of in-home, assisted living or other long term care.

If you have questions about becoming eligible to receive these benefits, please call our offices in both West Michigan at (616) 931-3670 or in Metro Detroit at (586) 264-3756.

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Are you a military veteran who lives in the Detroit area and have questions about VA Benefits? If so, it is important to understand how your service is characterized because your eligibility for benefits is directly tied to your military service characterization.

Anyone who has served this country in uniform will tell you that they serve with the goal of separating from active duty with an Honorable service characterization. And for a vast majority, this desire stems from none other than the pride of serving our nation with honor. However, apart from the prestige associated with serving with honor, an Honorable service characterization carries with it a vast array of benefits that are lost as the characterization is downgraded. As a former Air Force prosecutor, and a continuing member of the Air Force Ready Reserves, I became intimately familiar with the impact that service characterization can have on a veteran’s ability to collect benefits through the Department of Veteran’s Affairs (VA). The information that follows is designed to explain the various types of service characterizations, while subsequent blog entries will focus on service characterization’s impact on VA benefits and the process of appealing for relief through the Board of Correction for Military Records.

A military member’s separation from active duty will fall into one of the following two categories: 1) Administrative, or 2) Punitive. Within the two categories of separations, each category is further divided into individual service characterizations. Administrative service characterizations include: 1) Honorable, 2) General (Under Honorable Conditions), or 3) Under Other Than Honorable Conditions (UOTHC). Punitive discharges, on the other hand, are characterized by either a Bad Conduct Discharge (BDC) or a Dishonorable Discharge (DD).

To receive an Honorable service characterization, a service member must have met or exceeded the required standards of duty performance and personal conduct expected of members of the Armed Forces. A General service characterization is given to service members whose performance is satisfactory, but is marked by a considerable departure in duty performance and/or the conduct expect of military members. The UOTHC characterization is the most severe form of administrative discharge, and represents a significant departure from the conduct and performance expected of all military members. UOTHC characterizations are typically given to service members convicted by a civilian court, or can be accepted in-lieu of court-martial proceedings at the request of the service member.

Administrative separations make up the majority of military separations and include, among other things, those members who separate following the expiration of their service commitment. However, as alluded to above, some administrative separations are the result of misconduct on the part of the member. For instance, military commanders have the authority to discharge a member for drug abuse, repeated failure to meet military standards (including fitness), a pattern of minor disciplinary infractions, or for the commission of a serious offense. While some of these members will still be separated with an Honorable service characterization, many will be separated with a less favorable characterization. Under Department of Defense regulations, a member being administratively separated from active duty with a recommendation for a General service characterization may be entitled to an administrative board hearing. Specifically, members who have attained the rank of E-5 or above, or who have accumulated 7 years or more of active duty service, are entitled to an administrative board hearing if they so desire. Members with less than 7 years of active duty and below the rank of E-5 are not entitled to a board hearing and can be separated with a General service characterization upon a commander’s recommendation. Members recommended for a UOTHC characterization are board entitled, regardless of rank and length of service, upon election.

Punitive discharges can only be adjudged at a court-martial proceeding. A General Court-Martial has the authority to adjudge either a BCD or a DD, while a Special Court-Martial can only adjudge a BCD. A punitive discharge is considered a form of punishment, but can only be issued to an enlisted service member. If an Officer faced trial by court-martial, an Officer could receive a Dismissal, a separation carrying the same consequences as a DD.

In subsequent blog entries, I will provide more details regarding how each downgrade in service characterization can impact a member’s benefit entitlements.

As always, if you have specific questions about your eligibility for benefits, give the attorneys at Serafini, Michalowski, Derkacz & Associates, PC a call at (866)529-3537, that’s (866)LAW-ELDR.

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Detroit and Grand Rapids area veterans may be eligible to receive VA benefits to supplement the cost of their care for either assisted living, independent living with care, or in home care.

Through the Department of Veterans Affairs (VA) non-service connected benefits program aging and disabled veterans that need assistance with two (2) or more activities of daily living may qualify for monthly benefits of put to $2,000.00 per month. These benefits may be used to offset the cost of care by supplementing monthly social security and pension income. Although eligibility for these benefits may be confusing, help exists to those who may qualify. By working with a skilled elder law attorney, it is possible to qualify for benefits.

If you are residing in the metro Detroit area, Grand Rapids area, Kalamazoo area, or are in Northern Michigan and have questions about qualifying for VA benefits for assisted living or in-home-care call SMDA P.C.1-866-LAW-ELDR or 1-866-529-3537.

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Our firm specializes in the issues that affect “baby-boomers” and their aging parents. Although it is no secret that we are all living longer, it is sometimes a secret how to enjoy life beyond retirement and still be able to afford care and assistance beyond our golden years. Through estate planning and long term care planning techniques our firm can assist you and your family with providing the best quality of care at the lowest cost possible.

Not only are we able to help those in metro Detroit with their needs; our satellite office in Zeeland, Michiganstands ready to service clients in West Michigan. In addition, we are pleased to announce working relationships with The Law Offices of Grossman & Moldovan, in the Kalamazoo area and northern Michigan through an affiliation with Carey & Jaskowski, P.C. in Grayling, Michigan. Our network of attorneys are able to service clients throughout the state of Michigan,

If you are in Michigan and have elder law questions, VA benefit planning questions, or estate and probate questions, please call (586) 264-3756.

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As the newest member of the team at Serafini, Michalowski, Derkacz & Associates (SMDA), I’d like to take a moment to introduce myself to those who frequently read this blog.

My name is Shane Childers, and I am excited to be a part of a firm with offices in both Sterling Heights and Zeeland, Michigan, that works extensively in the areas of estate planning, elder law, probate and estate administration. And as a former military member, and current member of the Air Force Ready Reserves, I am even more excited about continuing my work with our nations veterans as part of our veteran’s law practice.

My legal career began when I joined the United States Air Force JAG Corp after graduating from law school and passing the bar exam in 2008. As a member of the JAG Corp, I worked in several unique areas of the law. For instance, I served as the Chief of Military Justice at Ellsworth AFB, SD, where I served as the lead prosecutor for military courts-martial. As a prosecutor, I handled a broad array of criminal cases. I also earned a Meritorious Unit Award and an Air Force Commendation Medal for my service while at Ellsworth AFB, which included advising B-1B pilots and squadron commanders on the Law of Armed Conflict and the Geneva Convention while working in support of Operation Odyssey Dawn. However, the most rewarding accomplishments of my military career involved the assistance I was able to provide to many of our nations retired and disabled veterans. And it is with great pride that I will continue my work with our nation’s greatest heroes as a member of the team at SMDA.

Although the Department of Veterans Affairs (VA) is a great organization, it is still a part of the Federal Government and littered with red tape. My own experiences as a veteran have shown me that the VA, though designed to “care for him who shall have borne the battle, and his widow, and his orphan,” is often more focused on trying to dismantle a deserving veteran’s claim for benefits. Similarly, as a military attorney I worked with many veterans who had been wrongfully denied retroactive benefit payments, had been given a disability rating well below what they were entitled to, or had otherwise been given wrong or misleading information by the VA. As an attorney with knowledge of VA laws and regulations, I have been able to help veterans secure benefits they would never have otherwise recovered.

If you or a loved one who served in the military have been denied benefits through the VA, if you are struggling to navigate the VA’s red tape, or if you are otherwise confused about what benefits you may be entitled to, give our office a call. We can help.

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For decades, our nation’s veterans have fought with the Veteran’s Administration (VA) to secure service-connected disability benefits for conditions believed to be linked to Agent Orange exposure in Vietnam. Many suffered with chronic illnesses caused by the toxic herbicide, but were denied benefits by the VA. However, recent medical studies have established a definitive link between several diseases and exposure to Agent Orange. As a result, new laws were enacted to create a presumptive service-connection for veterans suffering from a listed disease who served in the Republic of Vietnam, Thailand, or the Korea Demilitarized Zone between January 1962 and May 1975.

Vietnam veterans with a listed disease are presumed to suffer from the condition as a result of exposure to Agent Orange. The news laws encourage veterans who were previously denied disability compensation to reapply for benefits. For those claims previously denied by the VA, a finding of service-connected disability for the same condition could result in a retroactive payment of benefits from the date of the original claim. Many of these positive determinations result in substantial back payments. Moreover, so long as the veteran files the claim during his or her lifetime, the claim survives the veteran. Any retroactive payments are then payable to the surviving spouse, heirs, or the estate.

If you or a loved one served in the Republic of Vietnam, Thailand, or the Korea Demilitarized Zone during the Vietnam conflict and suffer from any of the diseases listed below, you may be entitled to substantial compensation from the VA. Call Serafini, Michalowski, Derkacz & Associates, PC today, we can help.

Diseases Associated with Exposure to Agent Orange
• Chloracne or other Acneform diseases consistent with Chloracne • Type II Diabetes (Diabetes Mellitus or Adult-Onset Diabetes)
• Hodgkin’s Disease • Multiple Myeloma • Non-Hodgkin’s Lymphoma • Acute and Subacute Peripheral Neuropathy • Porphyria Cutanea Tarda • Prostate Cancer • Respritory Cancers (Cancer of the Lung, Bronchus, Larynx, or Trachea)
• Soft-Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi’s Sarcoma, or Mesothelioma)
• B-Cell (Hairy-Cell) Leukemia • Parkinson’s Disease • Ischemic Heart Disease

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Do they, or, don’t they? This is a hot topic facing seniors that are veterans who are currently residing in independent living facilities in metro Detroit and West Michigan. The question involves whether or not the costs of living at a senior living community otherwise qualify as un-reimbursed medical expenses under the Veteran’s Administration (VA) non-service connected pension benefit regulations.

The regulations that define aid and attendance allow seniors living in assisted living facilities or private duty nursing homes to count their monthly expenses, including rent AND care, as qualified reimbursable expenses. These expenses, more or less, “trigger” eligiblity for aid and attendance benefits.

Traditionally, only “care” expenses were counted as re-imbursable expenses under federal. Rent at independent facilities would not be counted towards qualification for the benefit even if the applicant received services at the facility and could no longer reside at home. These rules are puzzling given that many seniors choose to receive assistance and in senior apartments that is identical to the services and care offered by true assisted living facilities.

A recent internal letter issued by the office of the general consulate finally resolves this issue. Pursuant to this “Fast Letter” it is now evident that the VA will accept costs incurred at senior apartments if an applicant requires assistance with two (2) or more activities of daily living (ADLs) and the applicant is residing in the facility pursuant to a doctor’s orders. The end result is that more seniors can qualify for aid and attendance benefits if their cases are properly documented and the expenses for their care are accurately depicted within their application for VA benefits.

If you are a senior residing at an independent care facility AND are a veteran, or you are assisting a loved one with his or her affairs that resides at such a community you may now qualify for benefits.

As always, should you have any further questions regarding elder law issues, long term care planning, VA benefits or nursing home care, please consult with a qualified elder law attorney. If you reside in the Detroit area or West Michigan, please call our office at either (586) 264-3756, or, (616) 931-3670.

Related Posts: VA Benefits 2016 Cost of Living Adjustment, Michigan Elder Law and Long Term Care Planning, VA Rule Changes, Still Time to Help Veterans

If you are a veteran receiving non-service connected pension benefits and/or aid and attendance, the federal government has more good news for you following the announced increase in benefits that we earlier reported.

As must of you know, once you receive non-service connected benefits you must complete the annual report to the VA known as the Expense Verification Report or EVR. If you have ever completed this form you know, firsthand, that it is cumbersome and confusing. Fortunately, due to an administrative change with the Department of Veteran’s Affairs, this form may no longer be required to continue your benefits.

The VA has sent out a release that the EVR will no longer be required; instead, they will compare information obtained through cross-checking records from the IRS and other federal agencies.

Even better news, the VA reports that it will allocate its resources normally used to review EVRs will be re-deployed on the growing backlog of new applications for benefits. Hopefully, this means that applicants will receive faster determinations and approvals for benefits.

Although this is welcome news, please be aware that new methods used to verify continued eligiblity, namely reviewing IRS information, may lead to increased examination of eligible veterans already receiving benefits.As a result, it will be highly important to ensure that you are fully eligible to receive benefits at the time you apply.

If you have further questions regarding this post, or any other post, please feel free to call our office at:

Greater Metropolitan Detroit (586) 264-3756 West Michigan (616) 931-3670

Related Posts: VA Benefits 2016 Cost of Living Adjustment, Michigan Elder Law and Long Term Care Planning, VA Rule Changes, Still Time to Help Veterans

Finally some good news from Washington which will mean good news for Detroit veterans receiving VA benefits.

After a few years of no increase to non-service connected pension benefits, the federal government has increased the maximum benefit amounts for veterans receiving aid and attendance. The amount of increase is equal to the 1.7% cost of living adjustment for Social Security.

The numbers for veterans receiving aid and attendance effective January 1, 2012 (provided that the Mayans are wrong) will be:

Married Veteran: $2,054.00 Single Veteran: $1,732.00 Surviving Spouse: $1,113.00
In addition, if you are a healthy veteran but pay care needs for a spouse your benefit can be:

Improved Pension Benefit: $1,360.00
These benefits can be provided for veterans or their spouses that need assistance with either home care, assisted living or private duty nursing home care.

If you have more questions about these benefits, or how to become eligible for these benefits, please call:

Detroit and Metro-Detroit: (586) 264-3756 West Michigan: (616) 931-3670

Related Posts: VA Benefits 2016 Cost of Living Adjustment, Michigan Elder Law and Long Term Care Planning, VA Rule Changes, Still Time to Help Veterans

Are you a senior residing in Macomb, Oakland, Wayne, Ottawa or Kent County and need assistance with long-term care planning, elder law or veteran’s benefits to provide in home care, assisted living, or, nursing home care for yourself or for a loved one?

In my last entry we discussed the use of qualified or retirement assets to: (1) provide an additional “private” benefit to supplement monthly income; and, (2) to protect other non-qualified assets from “spend down” and estate recovery. In this entry we will explore the use of a home’s equity to provide care by supplementing monthly income.

A home with equity can also be used a s a “private benefit” for a senior that is not a veteran and needs assistance to cover the cost of his or her care. Using the equity to create a flow of income like or in place of a monthly VA benefit can create a solution to a long-term care problem.

Through the use of a home equity line of credit or a reverse mortgage, a sum of money can become available to fund an immediate annuity to create an income stream to provide care. In today’s real estate market, a home that cannot be sold or that is undervalued might be better used as a monthly income to provide for care at home. Seniors often fear tapping the equity of a home to provide for their own care. Often times they believe the family wants the home after they are gone or that the bank will foreclose on a home before they pass. This is not the case; if planning is done correctly. Reverse mortgages will allow an individual to continue to reside in home, and, if the outstanding drawn balance is “cured”, in most cases, within eighteen (18) months after the death of the owner than the home remains or reverts to the estate or trust. Or, the home can simply be surrendered to the bank following death if the family does not want the home. Thus, viable options to pay for long-term care can be created through the use of untapped equity in a home.

Sounds complicated? If so, please call. We can help.

Call first… Act second.

The attorneys at Serafini, Michalowski, Derkacz and Associates, P.C. are ready to help. Serving southeast Michigan and metro-Detroit in Macomb, Oakland and Wayne County, through its Sterling Heights office; and, west Michigan in Kent and Ottawa County through its Zeeland office.

Free consultation, by appointment only, (586) 264-3756, (616) 931-3670, or, 1 (866) 529-ELDR.

Related Posts: VA Benefits 2016 Cost of Living Adjustment, Michigan Elder Law and Long Term Care Planning, VA Rule Changes, Still Time to Help Veterans