I process claims for pension benefits at the VA. Ask me anything.

Discussion in 'General Discussion' started by Max, Aug 12, 2013.

  1. Tami

    Tami Newbie

    So, I just need to add the information from the "38 CFR 3.155 Informal Claims"?
  2. vetadmin

    vetadmin Administrator Staff Member


  3. jag0521

    jag0521 Newbie

    veteran married my mom and they divorced and they each married someone else, then they re-married (each other-the veteran remarried my mother) and were married at the time of his death. do I list this last marriage on the 21-534EZ form and what do I say ended the marriage? Harold the veteran married Thelma, then they divorced and married other souses and then Harold the veteran married my mom a second time and they were married at the time of his death so how do I list this on the 21-534EZ form
  4. vetadmin

    vetadmin Administrator Staff Member

    The VA usually wants copies of marriage licenses and divorce decrees.

    You do need to provide information on only her marriages as she is filing as the widow, so there is no need to list anything for him.

    I hope this helps.

  5. Tami

    Tami Newbie

    Thanks for your help, Debbie!!
  6. Dad was recently awarded the monthly A&A max benefit, but the retroactive lump was held pending fiduciary appointment (due to Alzheimer's diagnosis)...So initially, based on advice, we returned the form agreeing and appointing me (son) as fiduciary...A week later, realizing after research that my prior credit problems (low credit score, bankruptcy) would disqualify me, and also realizing (we weren't aware) that Mom could be appointed,we re-faxed asking that she be appointed. Then today, Dad's doctor re-examined Dad and provided a letter stating that Dad IS able to handle his own financial affairs with the VA, that he is competent enough to deal with his own finances.

    Should we send this to VA immediately? Will this be sufficient to get VA to release Dad's lump sum?
  7. kiilutara

    kiilutara Newbie

    My father has an annuity and the value would put him over the threshold of 80,000. He only get a disbursements once a year, following the in accordance with the IRS. Does the VA count this as an asset and expect him to take huge penalties and spend the money before he would qualify?
  8. vetadmin

    vetadmin Administrator Staff Member


    Annuity does not count against him for the purpose of this pension. For Medicaid it would.
  9. pvanderhulst

    pvanderhulst Newbie

    We are using a elder care lawyer that has said my parents will get 440.00 to pay me as a caregiver. This lawyer says my parents must write me a check for that amount monthly and I assume I will then have to claim this as income on my taxes and it will be counted as a gift for medicaid calcs later and may have to be paid back to them.
    Since I am turning around and using that full amount on their expenses why can't I keep the receipts and check stubs to prove it? I plan on writing the checks from their account as I am a trustee of their trust and have power of Attorney. Why must they write me a check?

    Thanks...we are early in the process and I get conflicting info....
  10. vetadmin

    vetadmin Administrator Staff Member

    I am unclear as to why he is saying they would only receive $440? They can pay you more and have that expense to claim raising the award amount accordingly.

    Yes, you will need to claim it on your taxes. Once you deposit the check they are paying you into your account, how you spend that money is up to you. They have to establish paying for care ongoing. They have to prove they are paying for care.

    If your Dad has any mental incapacity, it will force the Fiduciary issue, and the VA does not recognize POA.
  11. Max

    Max Hero Member

    The asset limit is not set by law. It is based on age, expenses, and income. Essentially subtract your total expenses (medical and otherwise) from income, then divide that into your assets. The number of years is compared to the SSA life actuarial table. If there is any chance the claimant will outlive their assets, VA grants the benefit.
  12. Max

    Max Hero Member

    Hi Susan,

    I'm sorry about the delay here. I moved countries and had some personal issues.

    This guy is trying to scam you. VA has access to IRS records and will see the transfer. Just apply and hope that the assets aren't a bar to benefits. The 80k limit isn't set in stone, especially for veterans with dependents.
  13. Max

    Max Hero Member

    Re: VA Application-does it reset 1st of each month / Allowable assets for 90 yr old

    The application is based on the date of claim. VA will base the decision on the income/assets at the time of the date of entitlement (when you submit your informal).

    Keep in mind that your "advisor" is probably trying to just make money off of you. If VA can see that you are trying to circumvent the needs-based component of the program, you will get denied and it will be very hard to establish entitlement. If you apply and get denied, you can just reapply whenever their net worth is within the applicable limits.
  14. Max

    Max Hero Member

    Hi Stephen,

    Your award will continue unchanged until the new expenses are accounted for. If there is an increase due, you will receive a retroactive payment for it.
  15. Max

    Max Hero Member

    All of that stuff can be claimed. Contact your local vetcenter for assistance in applying for comp. You will want to use a VA Form 21-526EZ and a disability benefit questionnaire for each disability you are claiming. CLAIM EVERY DISABILITY NOW. I cannot stress this enough. I conducted outreach and TAPS and I know what the culture is. You need to apply now.
  16. Max

    Max Hero Member

    The St. Paul PMC:

    PO BOX 11000
    St. Paul, MN 55111
  17. Max

    Max Hero Member

    Aid and attendance is benefit you can receive if you already qualify for DIC or death pension. You want to apply for death pension if the veteran's death was not related to his/her service. If you want to claim aid and attendance on top of the death pension claim, submit a VA Form 21-2680.
  18. Max

    Max Hero Member

    Hi Jean,

    Your mother's WAVE service qualifies. If they are legally separated and she doesn't contribute to his support, he is not a dependent for VA purposes.
  19. Max

    Max Hero Member

    Death pension.
  20. Max

    Max Hero Member

    Hi Tami,

    That looks great. To be honest though, all you need to say is "My name is Joe Veteran. My SSN is 123-45-6789. I want to apply for pension.

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