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Michigan Elder Law Archives

Michigan Veteran Mistreatment Leads to Statewide Shakeup

11 former workers at the Kent County Home for Veterans face felony charges following a 2016 audit that revealed their mishandling of abuse case filings and staff shortages. Additionally, the staff reported doing 100% of room checks when only about 43% were actually completed according to video surveillance. Reports also showed that the facility faced staff shortages of sometimes as many as 22 personnel per day. Ninety percent of abuse and neglect reports were not passed on to the nursing director, according to the audit survey. The staff faces up to 4 years in jail in addition to $5,000 in fines for their mistreatment of the veterans.

VA Benefits 2016 Cost of Living Adjustment

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.

Medicad Changes for Spouses at Home

Michigan Medicaid law is always evolving. Most changes will impact the ability for a family to become eligible to receive benefits to pay for the cost of nursing home care. A recent change creates a favorable planning opportunity for Michigan families seeking Medicaid benefits for a loved one. The regulation allows a community spouse to appoint his or her beneficiaries to the exclusion of the State of Michigan on a "Medicaid Approved Annuity".

Michigan Vietnam Vets

Michigan Vietnam Veterans living in the Detroit and Grand Rapids areas often seek advice related to agent orange exposure. These claims are known as "service connected" disability claims. Following a change in law in August of 2010, Vietnam Vets can seek disability benefits for "presumptive conditions". These conditions can include type II diabetes, certain pulmonary conditions, and, ischemic heart conditions.

VA Rule Changes

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.

Still Time to Help Veterans

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.

Michigan Merchant Marines May Qualify as Veterans

Many deserving veterans are often overlooked when considering VA benefits to assist with the cost of long term care. Specifically, Merchant Marines, serving during World War II may qualify for VA Aid and Attendance. During Worl War II, Merchant Marines took up arms to assist in the Pacific and Atlantic to support Allied forces and to ensure that precious cargo and supplies continued during the Period of Armed Conflict, December 7, 1941, to August 15, 1945.

Michigan Veterans and Proposed VA Regulations

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.

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