Assets at Date of Intent to File

[ktd316]

Hi, I'm so glad to have found this forum!

My 81 year-old mother in law has just moved into an ALf due to dementia.  Her current assets pre-move were approximately $94K.  However, at approximately $5600/month, her assets will rapidly delete.  Given the length of time the application process entails, we were going to file the 21-4318 now.  However, would it be better to wait a few months until her assets are below $80K?  I know, ideally, the benefits are retroactive to the date of the intent to file, so we're thinking the VA would calculate the assets as of that date also.

Is that a correct assumption?  Or will the VA use the assets listed when we file the 5134, and still have the benefits retroactive to the date of the intent to file?

Any insight would be most appreciated!  Thank you in advance!

[vetadmin]

At the rate of $5600 a month, she will be out of money in less than two years, and maybe sooner if her expenses go up.

I see no problem with filing now, and if they come back stating she has too much at this time, then at least she is in the system, and then it would only be a matter of doing a 21-4138 Statement in support of claim to update her finances for reconsideration.

The VA does look at assets from the date of application, and glad you found us!

[ktd316]

Thank you so much for your quick reply!

2 other questions if you don't mind:

1) should we submit the form to allow discussion of the claim with another party at the same time we file the 21-4138, or wait until we submit the full application?

2) are all ALF expenses used to determine countable income?  Her bill has 3 components - the room rate (largest portion), personal assistance care charges and medication management charges.  Would only the latter 2 be considered?

Thank you again - I can't tell you how grateful we are to have found this site as we begin the process!

[vetadmin]

You're welcome!

Yes, you want to include the 21-0845 from the very beginning, so that you have the ability to discuss the application with the VA regardless of what stage you are at in the process.

On the ALF bill, just get a Statement of Occupancy from the facility showing the total costs, and the can list the services provided, but don't break the amounts down into categories.

[ktd316]

Thanks again!