Moorestown Veterans Benefit Lawyer
Moorestown Veterans Benefit Lawyer
Veterans serve our country honorably and should be rewarded in old age with financial assistance. Like everyone else, many veterans need help with daily activities, but it can be expensive to hire at-home help. When daily living becomes too difficult, many seniors enter a nursing home for their final years. Fortunately, the federal government does provide certain benefits to veterans and their families who are disabled, with Aid and Attendance being the primary source of supplemental income.
If you need help accessing veterans’ benefits, please contact Scott Counsel, P.C. We take great pride representing military families and can meet for a free consultation to discuss how we can help.
Aid & Attendance Benefits
Qualifying veterans and certain family members can receive a monthly allowance called Aid and Attendance. This is essentially supplemental income you will receive in addition to your pension, and you can use the money on anything you like. However, it is provided to those who need assistance with daily activities. For that reason, many recipients end up using the monthly allowance to pay for this help—but benefits are unrestricted.
Currently, an unmarried veteran can receive a maximum of $2,050 a month tax free. Someone who is married could receive up to $2,431 a month. These amounts are subject to change annually.
Eligibility Requirements for Aid & Attendance
Not all military veterans can receive this benefit. Generally, they must meet the following military service requirements:
- They receive a military pension.
- They served a minimum of 90 days on active duty, with one day overlapping a wartime period, such as the Vietnam War or Gulf War.
- They received an honorable discharge.
Veterans also must meet one of the following requirements regarding their physical condition:
- They need help with daily activities like bathing, dressing, grooming, and eating
- They spend most of the time in bed because of an illness
- Their eyesight is limited
- They are resident in a nursing home because of mental or physical disabilities
There is also a Housebound Benefit for someone who is permanently disabled and doesn’t leave the house as a result. This benefit is like Aid and Attendance, though you cannot receive both at the same time, and the monthly Housebound Benefit is somewhat lower.
Income Limits on Aid & Attendance Benefits
Someone with sufficient service and a disability might not qualify for Aid and Attendance. The VA limits these benefits to people who are truly needy, based on their criteria. They have put limits in place for countable family income and net worth. If you are over the limits, you don’t qualify.
When it comes to income, for example, you must add up all of the following for you and your spouse:
- Retirement or survivor’s programs
- Social Security benefits
- Business earnings
- Unemployment compensation
- Certain life insurance proceeds
- Income from joint accounts
Your income cannot exceed the maximum annual pension rate, which will vary by applicant. Helpfully, you can deduct from your income certain unreimbursed medical expenses, which for a senior could represent a substantial sum of money.
As of 2022, the maximum net worth is $138,489 and includes stock, bonds, mutual funds, cash savings, and real estate. However, your primary residence does not count to the asset limit.
The income and net worth limits are subject to change every year. It is helpful to meet with an attorney to discuss how you can qualify for these benefits if your income or assets are too high.
A veteran’s spouse can also receive Aid and Attendance benefits if they receive a surviving spouse pension. They must also satisfy the income and net worth requirements to be eligible. They will receive a monthly allowance tax free, which currently is set at a maximum of $1,317 a month if you have no dependents.
How a Moorestown Veteran Benefits Attorney Can Help
Some people are wrongly denied Aid and Attendance benefits even though they should qualify. For example, the military might have inaccurate records about their service, or the government might be counting assets which should not be counted toward the net worth limit. Instead of taking a “no” for an answer, we recommend connecting with an attorney at Scott Counsel to review your claim.
Our law firm can assist at all stages of the process of requesting Aid and Attendance:
- We can help fill out an application for you.
- We can advise you on whether you are likely to receive benefits.
- We can dispute any denial and request an appeal.
- We will gather evidence to submit to the VA for why you are entitled to Aid and Attendance benefits.
Many of our veteran clients are struggling with issues which bedevil all seniors, including illness or physical or mental infirmity. Consequently, they might find the application process overwhelming and decide not to bother. However, someone eligible for Aid and Attendance is leaving a substantial sum of money on the table if they do not apply. Let our Moorestown veteran benefits attorney assist in any way we can.
Pensions provide crucial support to those who served our nation for at least 20 years. The amount a veteran will receive depends on their base pay while serving. For many veterans, the process of receiving their pension is very smooth.
However, legal issues can arise, especially if you were married to a servicemember and divorced. Under the law, you could be entitled to a portion of their pension. Other legal issues can include reducing the amount you received because of imprisonment or the payment of disability benefits.
Contact a Moorestown Veterans Benefits Lawyer Today
Pension benefits allow veterans and their families to live comfortably into old age, but as with other government programs, many worthy applicants run into snags which delay their approval for benefits.
You have served your country well. Now let the country provide you with the resources you need to live out your final years with dignity. To learn more about whether we can help, contact Scott Counsel today at (856) 281-3131.
– When my son, who has Cystic Fibrosis and CF related diabetes, was suddenly and unexpectedly removed from his Medicaid program, we were devastated and frightened not knowing where we would get the resources to pay for his extremely high priced prescriptions. Justin was the attorney who handled our case. From the very beginning, he proved to be very thorough and experienced with navigating the process of reversing the Medicaid decision. However, it was his apparent kind, caring nature that made us feel the most at ease. Justin was successful in securing a continuation of benefits for my son, and we are extremely grateful for having his expertise during this most stressful ongoing process. Thank you, Justin!
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