Aid and Assistance and Medicaid

[claysee]

 My dad was a WWII vet. He was killed by a drunk driver in Aug. 2003.
 My mother had been married to him for 60 years. She came to live
 with us for a year. Then, we had no choice and placed her in a private
 pay ALF-Alzheimers. She has a form of dementia called Picks.  She
 ran out of money in January 07. We put a 2nd mortgage on our house
 for $20,000 to cover the additional $2,200 a month for at least 10 more months. The ALF costs $3700 a month. She really likes it there.   Her prescriptions are about 450.00 a month for us.  We applied for the Aid and Attendance from the VA in April 06.  It's been an up hill battle.  I'm scared to death. I've been told that I should start to apply for Medicaid because it's also a long process. I really don't want to apply for Medicaid but I might have to down the road.I've also been told that I can't apply for Medicaid while I'm applying for VA aid and attendance. I must find out first if she's eligible. I'm afraid to move my mother to a less expensive ALF because I have done so much paper work for the VA based on the ALF she currently resides. I don't know what to do. I've already signed the VA form 2 months ago that I have nothing more to add to the file.  I'm writing to my congressman to intervene in her case. I'm so tired of it all that I just want the VA to make a decision. How can they get away with delaying and delaying?
Any opinions, feedback would be so appreciated. Please help.
Claysee 

[veteranadvocate]

First of all, I do not know much about the Medicaid rules.  The following link will take you to a website that has some good info and you may be able to find your answers for your Medicaid questions here.  These rules are tougher to understand because each State can also have their own rules in addition. 

http://www.cms.hhs.gov/MedicaidGenInfo/

I have almost 30 years experience in working VA claims and I will share some of my thoughts regarding your VA questions.  I think it is important that people are given straight answers when making such tough and important decisions.

Since I do not know all of the facts surrounding your particular case, I must answer in general terms.  It shouldn't matter but it does depend on the State that you made your application from.  I've seen some VA Regional Offices process and complete an application in as little as 6 weeks.  There are some that take over a year.  If the application was completed properly and all required documents presented with the application will help speed the processing time.

If the medical documentation indicated your Mother may have problems handling her own affairs due to a mental condition then the VA may send out a 'field rep' to interview her and if they recommend a fidicuary for her, they would have to interview that individual also.  The VA does not accept court appointed POAs. 

A congressional office can be of assistance but it depends on that particular congressional office as to how much assistance that they 'want' to assist.

If your Mother passes away before the VA makes a determination on her claim then the estate will not get the amount due her.  This too is unfair.

I think you have to makes some tough decisions regarding her life expectancy and the cooperation you are receiving from the VA, Medicaid and Congressional Office.  If you have any particular questions that I may be able to answer, please let me know or contact the web administrator for my personal email address.

Wishing you the best with your Mother's claim.

[DawnLawElderLaw]

Claysee,

Have you solved your problem?  If not, seek the advice of an elder law attorney in your area.  They are familiar with Medicaid rules and some are also familiar with veterans benefits. 

Dawn M. Weekly