When to File

Discussion in 'General Discussion' started by JerryStar, May 27, 2009.

  1. JerryStar

    JerryStar Newbie

    VA question


    My wife’s father Bill is 91 years of age and is a veteran. My wife’s mother Pat is 87. Both of them will be moving into an assisted living facility (ALF) June 25, 2009. I have read all the excellent information and other referenced web sites. I have done the calculations and have determined they should qualify for benefits. The amount will be determined if their Long term insurance pays for one or both of them. In my calculations I assume both will receive LTC payments but still should qualify for an about $500 per month from VA. Their net worth is about $40,000.

    Bill and Pat will need to pay the first 90 days of the ALF before the LTC will start to make payments.

    My Plan:

    I was thinking of performing the early filling as instructed on this web site just to start the clock in early June. I would assume VA would kick out the letter of the application being incomplete and I will have a year to update them. I would then after the 90 day’s waiting period for the LTC insurance have an idea how much the LTC will pay. After I received this information, I would then update VA with all the necessary information.

    Is that a good plan?
    I am unclear when to file form 22-22a, Appointment of individual as Claimant’s Representative?
    Is their new worth figured from the initial time of filling or when I update the VA?

    Thanks for all the assistance and dedication on this site.

    Jerry Star
  2. Fit2009

    Fit2009 Sr. Member

    I would recommend doing the complete filing so you can list the total ALF fees. Do it now - and have it arrive on June 26th. To get in to the program they are going to look at monthly recurring expense, so doing it with the full fee gets you off on the right foot. If you delay the full filing until the amount is reduced, they will most likely ignore the first few months. If, however, you get in with the higher amount and your application is in process or maybe even granted already, than you are making an adjustment to facts already in the system. Make sure you notify the VA within the month of your parent's receiving the benefit - and don't be shocked when the check doesn't come from the LTC for quite some time - you might have a good one, but I've had clients whose LTC took 8-12 months to finally pay. It can be tricky - if it takes a long time, you will then be in the position of owing some of that reimbursment money to the VA - Example: takes 8 months, you are receiving award from VA, 8 months worth of payment comes in, you notify the VA, they may reduce award to recoup the money owed them or you can send their share of the LTC to them. If you want to avoid that and your insurance company will tell you how much they will pay as you approcach the 90 day mark, in the 1st month they will be contributing to, you can inform the VA and they will reduce the award immediately.

    Remember, you need to be the one to tell the VA, if they find out on their own from their good buddies at the IRS, it becomes nasty. They are allowed by law to assume unreported items happened the first month of the year instead of month of occurance.

    You can file the 21-22a any time you want, but these days it doesn't seem to get recognized in the PA regional office until after a decision on the award is granted...
  3. JerryStar

    JerryStar Newbie

    I appreciate the assistance. I incorrectly stated June 25, they are moving June 15th.

    I am confused when to use form 21-2680, “examination for …” or from 21-4138, “Statement in support of claim”. I am assuming both are needed. Is this correct? Do both need to accommodate the original claim?

    Thanks, Jerry
  4. JerryStar

    JerryStar Newbie

    I was looking at some outdated forms. I downloaded the current 21-2680, June 2008. This is the form I will be using.


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