2016-02-05 weekly blab on VA Aid and Attendance with Davis Nelson and John Watts – 844-292-1318 legal aid Madison Alabama

2016-02-05 weekly blab on VA Aid and Attendance with Davis Nelson and John Watts

I apologize for the technical issues at the end of this but hopefully this is still helpful to you.

We go over a number of questions about this remarkable VA Pension benefit also known as VA Aid and Attendance. It can pay as much as ,000 a year tax free to help veterans with long term care and can pay over ,000 a year to help surviving spouses of veterans.

We answer a number of questions — feel free to join us every week on Blab or submit your questions ahead of time.

The next blab will be Friday February 12, 2016, at 1pm Central Time — https://blab.im/john-g-watts-weekly-va-aid-attendance-blab-to-answer-your-questions-re-long-term-care

You can also reach Davis Nelson at http://davisnelsonlaw.com/ or by calling 1-877-299-8392.

Thanks!

John G. Watts
Watts & Herring, LLC
Serving consumers across Alabama
205-879-2447

Home

“No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.”

Aid & Attendance asset limits, primary residence, and transfer look back regulations – 844-292-1318 Massachusetts legal aid

Everyone is wondering whether and when the proposed regulations discussed in this video will take effect. How long do we wait, and will all of this make the wait time longer?

Another big question is whether VA even has authority to make many of the changes it is proposing. The National Academy of Elder Law Attorneys is taking the position that VA cannot impose the lookback and penalty period regulations, because those must be authorized by a Congressional VA statute to be valid. VA is trying to exceed its statutory authority under 38 U.S.C. 501(a)(1), 1522, 1543 & 1506(1). So, The lookback and penalty periods should be stricken from any final rules because Congress would have to act on those issues.
https://www.naela.org/NAELADocs/NAELA_Comments_RIN%202900-AO73_March-17-2015.pdf

Elder Law attorneys with NAELA believe that partial cures should be allowed for people who have made transfers, and that the time allowed to cure a transfer is too short and should be expanded.
The VA should adopt Medicaid rules that exempt transfers to a sole benefit trust for a disabled family member. Other problems include a conflict between transfers for less than FMV and transfers to trusts and annuities. The proposed regulations lump all trust arrangements into one negative category. There is a need to differentiate between revocable and irrevocable trusts. The 2 acre lot limitation will negatively impact rural Veterans.

The comment period has now passed, but it’s not too late to contact your member of Congress. It’s important to get Congress to inquire about these changes. Call your representative in the US Congress to alert them to the problems with the proposed regulations. They do respond to knowledgeable constituents.

More information on these proposed regulations and current pension amounts at:
http://masshealthhelp.com/html/veterans_benefits.html

Detailed articles on Aid & Attendance are at:
http://www.agingcare.com/Articles/va-aid-attendance-new-eligibility-rules-177294.htm

This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can’t rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.

I serve clients in Hampden County, Massachusetts. There is no attorney-client relationship with viewers of these video podcasts, or with people who view my websites on Elder Law-Medicaid http://masshealthhelp.com/‬‬‬‬‬ and Estate Planning-Real Estate http://estateplansplus.com/‬‬‬‬‬

If you or your loved one do live in Hampden County and you’d like to learn more about how we might be able to help you, call to schedule an educational meeting to discuss your individual concerns, and the specific facts of your case. (413) 567-5600.

VA received more than 880 comments on the proposed rules discussed in this video. Most expressed criticism. A wide range of organizations commented, from Veterans Service Organizations to direct-care providers.

The National Academy of Elder Law Attorneys is taking the position that VA cannot impose the lookback and penalty period regulations, because those must be authorized by a Congressional VA statute to be valid. VA is trying to exceed its statutory authority under 38 U.S.C. 501(a)(1), 1522, 1543 & 1506(1). So, The lookback and penalty periods should be stricken from any final rules because Congress would have to act on those issues.

https://www.naela.org/NAELADocs/NAELA_Comments_RIN%202900-AO73_March-17-2015.pdf

Elder Law attorneys with NAELA believe that partial cures should be allowed for people who have made transfers, and that the time allowed to cure a transfer is too short and should be expanded.
The VA should adopt Medicaid rules that exempt transfers to a sole benefit trust for a disabled family member. Other problems include a conflict between transfers for less than FMV and transfers to trusts and annuities. The proposed regulations lump all trust arrangements into one negative category. There is a need to differentiate between revocable and irrevocable trusts. The 2 acre lot limitation will negatively impact rural Veterans.

Call your representative in the US Congress to alert them to the problems with the proposed regulations. They do respond to knowledgeable constituents.

More detailed article at:
http://www.agingcare.com/Articles/propsed-changes-to-aid-and-attendance-affect-caregiver-pay-178761.htm

More information on these proposed regulations and current pension amounts at:
http://masshealthhelp.com/html/veterans_benefits.html

https://www.federalregister.gov/articles/2015/01/23/2015-00297/net-worth-asset-transfers-and-income-exclusions-for-needs-based-benefits

This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can’t rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.

I serve clients in Hampden County, Massachusetts. There is no attorney-client relationship with viewers of these video podcasts, or with people who view my websites on Elder Law-Medicaid http://masshealthhelp.com/‬‬‬‬‬ and Estate Planning-Real Estate http://estateplansplus.com/‬‬‬‬‬

If you or your loved one do live in Hampden County and you’d like to learn more about how we might be able to help you, call to schedule an educational meeting to discuss your individual concerns, and the specific facts of your case. (413) 567-5600.

John Watts Interview on VA Pension (Aid & Attendance) by Davis Nelson – 844-292-1318 Georgia legal aid

http://www.alabamaelderlawyer.com/2014/12/42-minute-interview-john-watts-davis-nelson-va-pension-aid-attendance/

(Full transcript is at the link above if you prefer to read).

Alabama elder law attorney John Watts was interviewed by Davis Nelson, a noted VA accredited attorney in Atlanta, Georgia.

The interview covers what the VA pension (aid & attendance) provides and how a veteran (or surviving spouse) qualifies for this remarkable benefit that can pay up to ,000 a year tax free to help to pay for long term care at home, in an assisted living facility, or in a nursing home.

The requirements are discussed as well as some of the objections that some have to using this benefit.

You can reach us at our main number of 205-879-2447 or you can call Susan, our VA specialist, directly at 205-206-9400 to learn about qualifying for this benefit.

Please note this is NOT for service related injuries or diseases — instead this is for NON SERVICE related injuries or diseases. You served in the military during a time of war (no need to be in combat or go overseaas) and now you are suffering from arthritis, parkinsons, dementia, a non military injury, etc. that makes it hard to take care of yourself. That’s what this benefit is for and if you live in Alabama we will be happy to talk you through your options.

Thanks and have a great day!

John Watts
Serving all of Alabama
205-206-9400
www.AlabamaElderLawyer.com

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

Veterans Aid & Attendance Benefits – 844-292-1318 Mississippi legal aid

Veterans Aid & Attendance Benefits

*DISCLAIMER* Thank you for watching the Morton Law Firm video. Please note, the material located in this video is for informational purposes only, is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue or factual circumstance. Nor is this information intended to create, and receipt of it does not create, an attorney-client relationship between you and the firm. Therefore you should consult an attorney in the event you want legal advice. This video is also not intended to be advertising and Morton Law Firm, PLLC does not seek to represent anyone by means of this video in a state where this video may fail to comply with all laws and ethical rules of that state. Please note, the content of any communication you send to the firm electronically or by any other means will not be considered confidential unless you have received such written confirmation and you should be aware that we can use any unsolicited information you send to us on behalf of our clients. We will neither accept requests for legal advice nor offer specific legal advice over the internet.

This segment of Elder Law Matters Mississippi Certified Elder Law Attorney Ronald Morton discusses the qualifications and benefits available to certain veterans and their spouses who are disabled, home bound, or require the assistance of others. This benefit, commonly called a Veterans Pension or Veterans Aid and Attendance benefit, is available for veterans who served at least 1 day during war time and at least 90 consecutive days of active duty. http://www.mortonelderlaw.com
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