HELP!! Questions for filing

Discussion in 'General Discussion' started by Terri27, Jul 25, 2017.

  1. Terri27

    Terri27 Newbie

    Sorry if this post is too long. We desperately need help. 3 years ago my sister in law dropped my
    father in law on my door step with his clothes. I quit my job for a year and a half and took care of
    him. Last November we put him in a Assisted Living Home, so that I could return to work. He always
    told us he didn't qualify for any Veterans benefits, we believed him. We contacted ALTCS (Az Long Term
    Care System) we were told he needed to spend down to close to 2k before we could apply. Last week
    we find out we have to file for any VA benefits first. After much research, I'm pretty sure he will qualify.
    I'm gathering all the necessary papers needed and will file the Intent to File tomorrow.
    Here are a few things I'm confused about :
    How is the monthly VA (A & A ) pension amount determined? He is currently in a deficit of about 1K a month. However we have been paying for his meds, phone and costs of his home (currently trying to
    empty it out and sell it). I understand this may have hurt his chance of getting approved, however he would
    be out of money if we had not helped some.
    How do I go about listing these expenses on his application.? After all they are his expenses and I don't want to have pay them forever :)
    My father in law has dementia pretty bad, we have handled his finances for over 5 years. I've read the VA
    will ask for a fiduciary. Will this hold up the process and it will take even longer?
    He has enough money to last about 11 months. Hopefully we can sell his small house before then and that
    will bridge the gap until we know what VA decides.
    I appreciate any advice! This site has been a god send, I nearly have all the paperwork done, with the
    exception of getting the VA to make a certified copy of his discharge papers and the medical expense form

    Thanks in advance

  2. Kaylin

    Kaylin Hero Member Staff Member

    Hello @Terri27

    I hope we can help you out.

    Monthly VA pension amount determined: You are right in that this monthly amount he will be awarded will be determined based on the deficit he has every month that he needs to pay for ongoing care. So if his monthly income is $1000 and he pays $2000/mo. for ongoing care than his deficit amount would be $1000. You can always apply for the amount he is currently paying now and once he is awarded you can update his costs after you stop paying for those costs to help him out. You can always ask for an increase in the monthly A&A amount if he is not getting the maximum yet.

    For his expenses you simply show what he pays each month for care. You'll have to list the assisted living costs on there as well as any other medical expenses that are ONGOING. Not one time expenses. Here is a list of examples of expenses:

    The fiduciary process is determined by the VA after you have submitted the application. Yes, they will most likely determine he needs a fiduciary (as are most cases when applying for this benefit) and it will take a bit longer for him to receive his retroactive benefit amount. But once he's awarded the monthly benefit amount he'll start receiving that while you're waiting for the fiduciary appointment.

    If you sell his house and that money goes straight to your father-in-law then that must be included in his total assets. Just keep that in mind. It may put him over the roughly $80,000 asset level limit for him and/or make a difference on how much he is awarded. You have to report to the VA if you sell his house and he gets all of the money up front.

    I hope that helps! Best of luck to you and please come back with more status updates and questions! Or help answer other questions on the forums if you've already been through that part of the process and have any advice for others.

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