Application Question

Discussion in 'How to Apply Questions' started by bdiddy21, Apr 19, 2013.

  1. bdiddy21

    bdiddy21 Newbie

    I filled out a Veterans Widows Assistance application 14 months ago for my mother who lives in an Assisted Living facility; she doesn't have more more money so my brother is paying her bills until she qualifies for Medicaid in two years. He met with someone from Veterans Affairs last week and said she might not qualify because since my brother is paying her bills, that qualifies as income. I told my brother that is ridiculous. My brother's congressman is assisting us here in New Jersey. We have a friend who applied at the same time and just got approved.
    Has anyone ever had a similar experience?
    Does anyone who in the Veterans Affairs office in Washington, DC I can contact via email?
    Does anyone know of a lawyer in New Jersey I can contact in case we have to appeal this decision?
    Thank you very much.
  2. Max

    Max Hero Member

    Who did your brother actually meet with at the VA?

    Furthermore if you classify the funds your brother paid as a loan to your mother, then she should still qualify.
  3. Twinstoo

    Twinstoo Newbie

    I'm replying in response to the previous comments. We've been waiting about 10 months for A & A to go through for mother. Hopefully, it won't be long because she has run out of money and I'm now covering mom's stay at a nursing home/assisted living center and paying just about every one of her pharmacy bills. Someone told me that I needed to have her sign a promissory note/loan so that when her backpay comes through, I might be able to be reimbursed. The nursing home and pharmacy bills can be different (depending on the # of days in the month, and medicines). What would be the best way to complete a promissory note or a loan? Each month can be different. Anyone got an idea on how to structure this promissory note so that it's ongoing?
  4. vetadmin

    vetadmin Administrator Staff Member

    Just very basic stating that you are "loaning" her the money to help pay for her care with the expectation to be repaid when her funds come through. Doesn't need to be complicated.
  5. Twinstoo

    Twinstoo Newbie

    Should the loan be notarized? Thanks for your input.
  6. vetadmin

    vetadmin Administrator Staff Member

    It would not hurt to have it notarized, but is not necessary.
  7. Twinstoo

    Twinstoo Newbie

    Thank you.
  8. Twinstoo

    Twinstoo Newbie

    Here is a copy of what I came up with for a documented loan:

    In an agreement between (daughter's name) and her mother, (mother's name), (daughter) is hereby loaning money to (mother) to help pay for her care at the nursing home in Owensboro, Kentucky with the expectation that it will be repaid to (daughter) when (mother's) funds come through from the Veterans Administration’s Aid and Attendance Pension.

    Signed ______________________

    Signed ______________________

    Witness ______________________

    I hope it will suffice for documentation proof of money loaned.
  9. vetadmin

    vetadmin Administrator Staff Member

    Looks pretty straight forward. Think you are good good to go. Just make certain the length of time and the amount.
  10. Twinstoo

    Twinstoo Newbie

    You said to make sure of the length of time and amount. We're pre-dating it for Nov., 2012 and I'm not sure what to do about the money because it changes every month and has gotten greater as time has gone on. Should I complete a statement such as this for every time that I pay out money for (such as for the pharmacy and nursing home)? I want to make sure I've got this right and it's not questionable. I am documenting every expense and have proof of payment.
  11. vetadmin

    vetadmin Administrator Staff Member

    You can keep a separate tab, but you really need to try and keep her "care" expenses around the same each month.

    If she qualifies for the full award of $1,113 as is, there is no higher rate to be awarded.
  12. Twinstoo

    Twinstoo Newbie

    Thank you.
  13. jump59

    jump59 Newbie

    eligibility- spausal A&A

    My mother has just entered an assisted living facility, and would qualify under my father's service as a surviving spouse, however, after he died, she was briefly married and divorced. Will this affect her ability to collect for aide and attendance based on my father's service?

    Thank you for any feed back
  14. vetadmin

    vetadmin Administrator Staff Member

    If the remarriage ended prior to November 1, 1992, she would be eligible. If later than that, sorry to say, no.
  15. VA Legal Team

    VA Legal Team Full Member

    I'm sure the user who posted the original question is already receiving A&A, but I'll post this for any future users who encounter the same issue.

    The VA doesn't consider the money you "loaned" your mother income. Rather, you simply can't count the total expense of her care as an unreimbursed medical expense.

    Source: §3.272(b) of Title 38 of the Code of Federal Regulations.

    "The value of maintenance furnished by a relative, friend, or a charitable organization (civic or governmental) will not be considered income. Where the individual is maintained in a rest home or other community institution or facility, public or private, because of impaired health or advanced age, money paid to the home or the individual to cover the cost of maintenance will not be considered income, regardless of whether it is furnished by a relative, friend, or charitable organization. The expense of maintenance is not deductible if it is paid from the individual's income."

    Hope that helps.

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