David Cassidy, 1970s teen hearthrob, suffering from dementia

Fans knew something was wrong when he could not remember the lyrics to songs he'd sung for decades. But for David Cassidy, it was a long-held fear come to fruition.

The 1970s teen heartthrob who gained fame on the Partridge Family television show, David Cassidy announced last month that he is suffering from dementia. He is no stranger to the disease. His grandfather had dementia. His mother, actress Rachel Ward, was diagnosed with Alzheimer's Disease in 2002, passing away ten years later at age 89. In recent years the musician has become an advocate for Alzheimer's research; in 2012, he auctioned off some of his old costumes to benefit the Alzheimer's Association.

Cassidy is not shying away from discussing his diagnosis. "People don't really want to talk about it, but we need to, which is why I'm going to be speaking publicly about it," Cassidy told the Daily Mail. He will appear on the Dr. Phil show on March 1, and the March 6 issue of People will feature an interview, "My Battle with Dementia." Cassidy's last concert, capping off 49 years of touring, is scheduled for March 4 at BB Kings in New York.

Nearly 80% of dementia cases are caused by Alzheimer's Disease, but other diseases may also trigger it. For example, vascular dementia is caused by damage to the brain's blood vessels. Lewy Body dementia, which afflicted Robin Williams and radio personality Casey Kasem, is brought on by  abnormal protein deposits in the brain. Those with a family history of dementia appear to be at greater risk. It occurs mainly in older people; a 2016 study in the Journal of the American Medical Association found that only 3% of people between ages 65 and 74 have dementia. Although the disease is degenerative and progressive, certain habits, such as a healthy diet and exercise, may forestall the diagnosis or slow progression.

It's a modern-day catch 22: Thanks to medical advancements, we are living longer. But because we're living longer, we are more likely to experience chronic disease. And it's not only a medical problem: Increasing numbers of families now struggle with the cost of a loved one's long-term care. Although there is no cure yet for dementia, there may be a solution to the financial dilemma it can create. You may be able to tap into Medicaid benefits without "spending down" and losing your nest egg to nursing home costs. And if you are a veteran or the widow of a veteran, you may under certain circumstances qualify for VA Improved Pension with Aid and Attendance.  Contact our firm for assistance from our Florida Bar Certified Elder Law Attorneys. 

WASP veterans win another war

The Women Airforce Service Pilots helped the United States win World War II. More than half a century later, they have won another battle.

As I told you in February, the WASPs flew many non-combat missions, freeing up male pilots for combat.  WASPs flew every type of military plane, tested out newly overhauled aircraft, and transported personnel and equipment. Thirty-eight women perished in service to the country. Notwithstanding their contributions, these brave women were classified as civilians during the war. It was not until 1977 that they were officially recognized as veterans, a status which also gave them the right to have their ashes placed in Arlington National Cemetery. That is a final honor many WASP's and their families feel they deserve.

Unfortunately, in 2015, Army policy changed and deceased WASPs could no longer be inurned at Arlington. The policy change did not sit well with the WASPs, who began fighting for the policy to be reversed. An online petition got more than 178,000 signatures.

Now the WASPs can claim another victory: Congress just passed a bill that will restore the WASPs' right to have their ashes placed in the hallowed ground of Arlington National Cemetery. The bill is expected to be signed by President Obama. How fitting that we are honoring these women just as Memorial Day approaches, when we remember with reverence and gratitude all our deceased war veterans. 

Veterans are entitled to all kinds of benefits, which as it should be. Elderly and disabled veterans and their widows may be eligible for Aid and Attendance benefits to help cover the cost of nursing home care, assisted living or home care. Click here for more information.

Veterans Adminstration to roll out new, improved website

Fueled by last year's horrifying wait-list scandal, the V.A. and government representatives have been promising to better serve our veterans. 

 

Ask any veteran and you'll learn that one area badly in need of improvement is customer service. Right now, there are over 1,000 veterans-related "hotlines" that often require those calling for information to make multiple calls and endure multiple wait times. Processing of applications is slow, The application itself can be maddeningly complex. Veterans Services Officers are helpful but may not be available with regularity. Even the V.A. website requires users to go through contortions to provide or ferret out information. The V.A. is not succeeding at letting veterans know about available programs, either: Nearly half of all veterans are unaware that they are eligible for certain benefits or that those benefits even exist (see my prior post on Aid and Attendance benefits). 

 

One tool the V.A. is implementing to address these issues is a new website, which theoretically - hopefully in practice, too - will  provide veterans with a smoother experience. The new site will integrate nearly 200 separate veterans-related databases into one portal. Once registered, a veteran should have access to information about any and all benefits to which he is entitled. 

 

Don't get too excited just yet, though: The site is going to be in its beta phase for some time. The test period begins May 20. Hopefully the bugs will be worked out by the end of the year, when it will go live. The phone system is supposedly being overhauled, too. We'll see how that goes. I am cautiously optimistic!

V.A. proposes look-back, penalty periods for aid and attendance benefits

Applicants (or applicants and their spouses) are not eligible for V.A. Aid and Attendance benefits if they have a net worth in excess of $80,000. At present there is no look-back period for asset transfers, as there is for Medicaid benefits, which have a five-year look-back. 

I noted in prior posts that a V.A. look-back period could be on the horizon. My April 2014 post reported the Senate's failure to pass SB 1982, which would have established a three-year look-back. I also warned that the V.A. has the authority to amend its regulations without going through Congress. And that is what is happening now. 

The January 23, 2015 Federal Register includes a proposal by the V.A. to establish, among other regulations, a three-year look-back for transfers, and corresponding penalty periods during which V.A. pension would not be available, even if the veteran qualifies in all other respects. You can read the proposal here. Comments on the proposal are due by March 24, 2015.

Keep checking this blog and my website for updates on this issue. You can also subscribe to my monthly e-newsletter here. 

V.A. Aid and Attendance lookback fails in Senate

Senate Bill 1982, which among other measures would have created a three-year asset look-back for veterans applying for Veterans Aid and Attendance benefits, has failed in the Senate.  

Veterans Aid and Attendance is a type of improved pension. Elderly and disabled veterans who have served during wartime periods, and their widows, may be eligible for the benefits to help pay for at-home, nursing home, or assisted living care. You can find out more about Aid and Attendance and download a booklet about it from our website's V.A. benefits page.

For now, the current asset rules remains in place: An applicant may have no more than $80,000 in assets, and the V.A. will not penalize for any asset transfers that occurred prior to the date of application. 

A note of caution: Although Congress has failed to act, the Veterans Administration itself has the power to change its regulations - including establishing a look-back period. We will keep an eye on developments.

Uncompensated transfer penalty, look-back period for V.A. Aid and Attendance benefits could be around the corner

Veterans Aid and Attendance is a type of improved pension, It is not service-connected. It can help elderly and disabled veterans and their widows pay for at-home, nursing home, or assisted living care. You can find out more about Aid and Attendance and download a booklet about it from our website's V.A. benefits page.

At present the Veterans Administration does not examine uncompensated asset transfers made by applicants for V.A. Aid and Attendance benefits.   Applicants may not have assets greater than $80,000, but unlike Florida Medicaid, there is no look-back period for asset transfers and therefore, no associated penalty periods. But that may be changing. As I reported before on this blog and in other V.A. news, the push to impose a look-back period and penalty period for V.A. Aid and Attendance benefits has been gathering steam for some time. In June 2012 the General Accounting Office urged Congress to pass legislation to impose look-back rules. A bill was introduced in Congress but never went anywhere.

The tide may turn this year. In 2013 Rep. Jeff Miller (R-FL) introduced HR 2189, a bill that includes a look-back provision for Aid and Attendance applicants. The bill was passed and sent to the Senate, where it is now under review. The bill proposes a look-back period of three years.  Section 202 reads as follows:

Provides that if a veteran eligible for a pension for service or for a non-service-connected disability, or the spouse of such a veteran, disposes of a resource that was part of such veteran's estate for less than its fair market value within three years before applying for such pension, the Secretary shall deny or discontinue the pension paymnet for months beginning on the date of such disposition and ending when the uncompensated value of such resource is reached...

We do not know whether the look-back will become law, but experts seem to think there is a good chance that it will. You can read the bill in its entirety here.

The takeaway from the news: Do not delay if you are thinking about applying for benefits. Contact the V.A. - accredited attorneys of The Karp Law Firm for assistance. 

Veterans applying for aid and attendance need more protection from scams

One bright light in a generally dismal Washington landscape where political parties rarely work together: Republican Senator Marco Rubio of Florida and Democratic Senator Elizabeth Warren of Massachusetts have introduced legislation to better protect veterans from predatory financial practices. The Veterans Care Financial Protection Act would amend the National Defense Authorization Act and would take aim, among other things, at unscrupulous "financial advisors" who often use V.A. Aid and Attendance benefits to get their hands on a veteran's finances.

Veterans Aid and Attendance benefits help veterans and their surviving spouses with the high cost of long-term care, whether at home, in a nursing home, or in an assisted living facility. It is NOT a service-connected benefit, meaning that a veteran does not need to have been injured during military service in order to qualify. Among the eligibility requirements: the applicant must be 65 or older and served during a wartime period; net income may not exceed a given level once unreimbursed medical expenses are deducted; and assets must also fall below a certain maximum (currrently $80,000).  

There are several common veterans scams. Watch out for them:

Almost all financial predators start their pitch by offering to complete the veteran's application for Aid and Attendance benefits. But under federal law, it is ILLEGAL for anyone to charge for this. 

Senator Warren also notes instances in which frail veterans have been enticed into moving to a nursing home because unscrupulous staff all but guarantee that the individual will qualify for Aid and Attendance benefits. If the individual does not qualify after moving in, often because the value of his/her assets is too great, the nursing home then demands payment and ends up draining the veteran's assets.

One scam I have seen often and up close and personal, involves annuities. If an applicant has assets exceed the maximum allowable level, a financial advisor recommends that the veteran put excess funds into a "veterans annuity" in order to qualify for benefits. Annuities are rarely a good idea for an older person, who loses control over the asset and, if he/she ever needs the money, will face outrageous penalties for withdrawing it. In a recent meeting, Senator Warren took note of one incident in which a veteran who had been talked into buying an annuity would not get any payout until he was well into his 90s! Moreover, here in Florida, if you have purchased an annuity and then apply for Medicaid benefits for long-term care, you will be required to name the state as a beneficiary.

Be careful that you or your loved one don't fall for these schemes. There are more than 40,000 agencies nationwide that purport to provide financial advice to veterans. Some are reputable, but, as Senator Warren put it, many are like "sharks swimming in the water." 

V.A. tightens UME regulations for Pension, Pension with Aid and Attendance

The V.A. has tightened restrictions on the room and board a veteran may deduct from income when applying for Pension, and Pension with Aid & Attendance benefits. These are benefits available to disabled veterans 65 and older who have served during certain wartime periods, and who fall below certain income and asset levels. 

For applications pending or submitted on or after Oct. 26, 2012, room and board at a residential facility may be deducted as an unreimbursed medical expense (UME) only if the facility provides the applicant with custodial care (defined as assistance with two or more activities of daily living). The presence of pull cords and 24-hour staffing is insufficient to qualify a facility as providing custodial care. The new rule will propel many veterans over the income cap, disqualifying them from receiving benefits.

On our website you may read about the current eligibility requirements for V.A. Pension, and Pension with Aid and Attendance. That page also has a link that allows you to download a color booklet about these benefits.  

In the future the V.A. is likely to take additional steps to further restrict veterans' access to these benefits. The V.A. and Congress are considering adopting a lookback rule, similar to what Medicaid has, that will examine and penalize applicants for uncompensated transfers that have occurred within a certain time period prior to the application date.

Note that the V.A. pension rates change every Dec. 1. The V.A. has not released the numbers yet. When it does, we will post them to this blog and to our Elder Law and Estate Planning website. 

If you need these benefits now or are likely to in the future, I encourage you to apply without delay. Continued federal belt-tightening will make these benefits more difficult to access as time goes on.

VA Aid and Attendance Benefits: Not Service-Connected, Not Widely Known

On this Veterans Day I offer heartfelt thanks to veterans and current service members. Your contributions are extraordinary.

Yesterday morning I spoke before a group of veterans in Boynton Beach, Florida. We discussed many topics, but I had been asked to focus on veterans benefits. As is often the case when I speak before these groups, not ONE of the attendees had ever heard of Aid and Attendance benefits! Data shows that millions of veterans never apply for this benefit because they  don't know about it or mistakenly think they won't qualify. The common misperception is that V.A. benefits are available only if one has been disabled as a result of military service - i.e., "service-connected" benefits. This is not the case with Aid and Attendance benefits.   

Aid and Attendance benefits are the highest level of the V.A.'s "Improved Pension." This benefit is available to qualified wartime veterans that need assistance with the activities of daily living such as washing, dressing, etc., as well as to their surviving spouses. The cash benefits can help pay for at-home care, assisted living, nursing home care. It can dramatically improve the lives of these veterans and their caregivers. 

Although Aid and Attendance applicants must fall below a certain income to qualify, many veterans do not realize that they may deduct out-of-pocket medical expenses, health insurance premiums, etc. from their calculations. There is also a limit on countable assets, but the value of the primary home is not used in determining that figure. Many veterans who never thought they could qualify are surprised to find out help is available.

For detailed eligibility requirements, click over to our webpage on veterans benefits. That page also includes a link that allows you to download a detailed informational booklet.