How to Manage Someone Else’s Social Security or Veteran’s Benefits

January 2, 2023Filed Under: Elder Law

In order to help Roberto manage his Social Security benefits, you have been assigned to assist him. In the Social Security system, you’ll be called Roberto’s “representative payee.”

The situation is similar if you’re appointed to help your elderly father, who has dementia, manage his Veteran’s benefit checks. In the Veterans Administration system, you’ll be called a “VA fiduciary.”

The word “fiduciary” applies in both cases. The law requires you to act to a high standard of good faith and honesty. This means that you must keep careful records, you must not mix the recipient’s money with yours, and you must spend the money for the recipient’s benefit, only.

There are other specific rules you must follow for these kinds of benefits. To assist you, the Consumer Financial Protection Board (CFPB) has issued a guide: “Managing Someone Else’s Money: Help For Representative Payees and VA Fiduciaries.” Download your free guide.

The guide reminds you that the benefits you’ll manage are intended to meet the recipient’s day-to-day needs for food, clothing, and shelter. So you must spend the money on those needs first. Only after those needs are satisfied may you spend the money on medical and dental expenses, or on what may be thought of as “extras” – home improvement, entertainment, or car payments.

If there is anything left over, you must bank it in an interest-bearing account. The CFPB leaflet provides guidance on how to title the bank account, which you must follow to protect the money from creditors. In all cases, the recipient’s bank account must be separate from yours.

The leaflet further emphasizes the need to document everything you do, as you will be responsible to report annually to the agency in question. The leaflet lists your duties, provides contact information for helpful agencies, and includes advice about what to do if you fear Roberto or your father is being exploited.

The guide is also useful for recipients of other benefits, such as from the Railroad Retirement Administration or other state agencies.

You’re guided in following the applicable rules, and you will be doing the person who receives benefits a great service. If you have questions or need additional help, please contact our Cincinnati office by calling us at 513-771-2444 to schedule a consultation.

Why Some Veterans Do Not Receive Disability Benefits

August 8, 2022Filed Under: Uncategorized

As the veteran population in the United States increases – currently, almost 19 million– new programs for health, education, housing, and other benefits have been created. VA disability payments are one of the most common entitlements veterans overlook yet are often one of the most essential to their wellbeing. There are several reasons veterans miss out on VA disability benefits. Confusion about the types of benefit programs and eligibility requirements

Complexity of the application process
Previous Claim Denial

Understanding the Eligibility Requirements

One misconception is that combat operations involvement is a requirement to be eligible. VA disability benefits are not limited to combat vets or orthopedic conditions, like missing limbs and damaged muscles. Any veteran whose service received an honorable discharge from active duty military service may qualify for VA compensation or disability benefits. Eligibility also includes those in the National Guard or Reserve mobilized or activated for service.

Suppose you currently face a condition or an illness which affects your mind or body with links to your military service. In that case, you may have criteria qualifying you to receive a VA Disability Rating. Even common conditions like back or knee pain, GERD, PTSD, and more may relate to your military service. Your service may cause problems that develop years later, like exposure to environmental toxins or Agent Orange. Even in the absence of active duty medical records, these medical conditions can be service-connected by your physician and attorney. Whether your disability was directly caused or only aggravated by your service, it is worth discovering if you merit service-connected disability benefits.

An Attorney Handles All the Paperwork

Undergoing a claims process for VA disability benefits can be lengthy and intimidating. Sadly, many Veterans give up once they see the daunting application. There are free government services to guide you through the proper paperwork, but meeting with them can be difficult due to caseloads. A negative first experience that may cause significant delays and turn a veteran away from the process and much-needed benefits. A Veteran’s Attorney fills out the application correctly, attaches any other necessary documents, submits ahead of deadlines, and usually achieves success.

Disability Claim Denial

It is disheartening to receive an application denial; however, they are often a result of filing incorrect forms or missing important application deadlines. It isn’t easy to know which document is appropriate if you have been previously denied benefits. A general appeal form to amend an initial denial contains various options which can further complicate your appeal. Your Veterans’ Attorney will understand the highly sensitive nature of disability claims like timing Intent to File, Presumptive Period, and other appeal or supplemental claims. Failure to meet claim deadlines results in continued denial of benefits.

Compensation and Pension Examinations (C&P)

After overcoming complex claims paperwork and submitting all requirements, there is another hurdle. The VA often schedules a C&P Examination. The VA requests a compulsory medical exam assessing the severity of the veteran’s condition. The VA can deny a veteran’s application if they do not attend the evaluations. Results of the C&P Examination become part of your file, and attendance is crucial for claim approval.

Confusing Disability with Other VA Benefits

VA disability benefits do not prohibit employment. Veterans may confuse disability benefits with a VA program called “Total Disability Individual Unemployability.” Eligibility rules for this unemployability program require a veteran is unable to keep or obtain a job. Veterans with a VA rating for a disability can receive benefits and still maintain employment without limitation.

Often a veteran will confuse Social Security Disability benefits with VA service-connected disability benefits. These are two completely separate programs, and you can be eligible for both. Qualifications for social security disability benefits will not automatically qualify a veteran for VA disability benefits and visa versa.

Mental health claims and treatment can create confusing issues for veterans regarding their legal rights. A VA mental health rating and mental incompetence are not the same things. A VA rating for mental health will not put a veteran at risk of losing constitutionally protected rights. There are instances where an individual can be mentally incompetent without the presence of depression, anxiety related to chronic pain, or PTSD. Mental health benefit claims are as important and valid as physical claims. Before discounting these powerful claims, a Veterans’ Attorney can help you understand your situation and protect benefits that may be due to you.

Filing VA claims can be stressful, particularly when you have a limited understanding of the forms, procedures, deadlines, and other confusing legal issues that can lead to benefits claim denials. Veterans of the US military seeking VA disability benefits have a much better chance with the legal guidance of an attorney and a practical approach to processing applications that maximizes qualification and approval. We hope you found this article helpful. If you have questions or would like to discuss your personal situation, please don’t hesitate to contact us at 513-771-2444.

Benefits Offered by the VA to Aging Veterans

February 7, 2022Filed Under: Misc Advice

US Census Bureau statistics show that over 18.2 million veterans live in the United States, and 38 percent of them are 65 or older. Additionally, the Census Bureau reports that more than 9 million veterans receive services from the Department of Veteran’s Affairs (VA) annually. If you are a veteran or have a loved one who is, it is important to understand all the VA resources and aid that are available. Beyond education programs, home loans, and job search and training resources, the VA also provides a host of other resources to assist you as you transition to your retirement years.

Wartime Veterans Supplemental Income (Veterans Pension)

Supplemental income is available for wartime veterans through the VA pension benefit. If you served at least 90 days of active duty before September 7, 1980, or 24 months after that date, or served the full period for which you were summoned or ordered to active duty with at least one day of wartime, you may qualify. You must have also been discharged under conditions other than dishonorable. There are strict income and asset requirements attached to this benefit as well as the survivor’s pension and the housebound or aid and attendance allowance discussed below.

Survivors pension

If your late parent or spouse served during wartime, you might qualify for the survivor’s pension. This tax-free program provides relief for unmarried children or a widow or widower who has low income. The deceased military veteran must have served a minimum of 90 days active service with a minimum of one day served during a period of wartime before September 7, 1980, and been dishonorably discharged. After that September date, the deceased veteran must have served a minimum of 24 months or the full period summoned or ordered to serve active duty. Pensions are based on annual family income and under a designated amount set by Congress. More details regarding military pension eligibility are found on the VA website.

Housebound Allowance and Aid & Attendance Benefit

If you are eligible for or are already receiving a veterans’ pension, you may qualify for additional monetary benefits. If you are permanently disabled and must remain in your current home, the Housebound Allowance will increase your monthly pension. Aid & Attendance (A&A) will compensate a veteran who is either residing in a nursing home, bedridden, requires assistance for activities in their day-to-day life, or whose eyesight problems meet specific thresholds of degradation. More details for Housebound Allowance and A&A eligibility can be found on the VA website.

Veterans Life Insurance Options

There is a wide variety of life insurance offerings through the Veterans Administration. Servicemembers’ Group Life Insurance (SGLI, VA form SGLV8286) is a group term life insurance that is low-cost and is automatic for most active-duty service members. It is also available for those veterans who serve at least 12 periods of inactive training per year with the Ready Reserve or the National Guard. Other automatic qualifiers include belonging to the Commissioned Corps of the National Oceanic and Atmospheric Administration or the Public Health Service, and for midshipmen and cadets of the US military academies and ROTC members. You can extend the coverage up to two years if you are fully disabled at separation. Veterans’ Group Life Insurance (VGLI, VA form SGLV 8286A) allows you to convert your SGLI to a civilian program of lifetime renewable term coverage after leaving military service.

Family Servicemembers’ Group Life Insurance

If you qualify for SGLI, your spouse and children are qualified for Family Servicemembers’ Group Life Insurance (FSGLI, VA form SGLV 8286A). This insurance covers your dependent children free of charge, although the coverage for your spouse cannot surpass your amount of coverage.

Servicemembers’ Group Life Insurance Traumatic Injury Protection

If you sustain a traumatic injury during your service that leads to amputation, blindness, or paraplegia, you qualify for benefit payments made through Servicemembers’ Group Life Insurance Traumatic Injury Protection (TSGLI, VA form SGLV8600).

Service-Disabled Veterans’ Life Insurance

The Service-Disabled Veterans’ Life Insurance (S-DVI, VA Form 29-4364) coverage is provided to veterans who have been given a VA rating for what is called a new service-connected disability within the past two years. Coverage is free for eligible veterans who are fully disabled, and you can purchase additional life insurance.

Veterans’ Mortgage Life Insurance

As a veteran, if you are disabled and approved for a VA Specially Adapted Housing (SAH) grant, you may receive mortgage life insurance coverage through the Veterans’ Mortgage Life Insurance (VMLI, VA Form 29-8636).

This link takes you to an overview of these VA insurance benefits. You can click on the insurance program by name and be automatically redirected to the appropriate VA web page for that benefit.

Disability Compensation

Tax-free Dependency and Indemnity Compensation (DIC, VA Form 21-534EZ) is available to veterans who sustain or aggravate an injury or disease during their active service. The disability may include physical and mental health issues and secondary or related items diagnosed after your discharge. Your child may be eligible for DIC if they are not included in the spouse’s DIC, and there is an income-based DIC for parents. A disability can also qualify you for a higher, tax-free Special Monthly Compensation if you are housebound and need special assistance or have trouble performing daily living activities. Additionally, housing and insurance benefits through the VA, like Veterans’ Mortgage Life Insurance, Service-Disabled Veterans’ Insurance, and Adapted Housing Grants may be available.

Geriatrics and Extended Care Services

The Geriatrics and Extended Care Services (GEC) provides help to veterans with life-limiting illnesses, multiple chronic conditions, or disabilities associated with aging, injury, or chronic disease. The GEC will assist a veteran living at home or in a nursing home, assisted living, or other residential community care facilities. GEC services include home health aide care, daily care, telehealthcare, palliative care, respite care, hospice care, and even veteran-directed care.

Military Burial

Veteran burial benefits include a gravesite in a national veteran’s cemetery, a government marker or headstone, the opening and closing of that grave and its perpetual care, and a Presidential Memorial Certificate. The marker, headstone, burial flag, and certificate are provided at no cost to the veteran. Additionally, dependents and spouses buried in a national veteran’s cemetery may also qualify for some benefits such as burial with the veteran, inscription on their headstone, and perpetual care. For a complete description of your veteran benefits, check this VA website link.

Percentages of veterans receiving benefits:

25-34 years 24.7 percent
36-44 years 21.5 percent
45-54 years 25.8 percent
55-64 years 19.8 percent
65-74 years 5.0 percent
75+ years 1.3 percent

If you are a veteran or have a loved one who is, it is crucial to understand that veteran resources go far beyond career and end-of-life issues. Many veterans are not taking full advantage of VA offerings. Many VA age-related programs can benefit a veteran’s life beyond simply planning their future care. Become acquainted with the many options available and determine which programs you qualify for and best serve your interests. With so many benefits available through the VA, you can improve your living situation during your retirement.

The overview is just a summary of what may be available to a wartime veteran or a veteran who is disabled as a result of their prior service. If you or a loved one would like to explore whether you are eligible for benefits, please don’t hesitate to reach out. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

Top 3 Reasons All Veterans Need an Attorney

September 20, 2021Filed Under: Misc Advice

It is a sad reality that many veterans’ benefits get tied up in the system and never get paid out. A quick internet search can lead to story after story of veterans who have struggled to receive the benefits that are owed to them. Robert DiCicco spent his final years battling through the red tape to get his benefits and pay for the bills to his assisted living facility. The sad part is he didn’t live to see it. The benefits he was owed did come through ten days after his death, but they were taken back by the Veteran’s Administration. The DiCicco family had to begin again as his wife was left to fight for the benefits as his beneficiary. The unfortunate part is that these stories are far too common. In fact, many veterans die or give up before they ever receive benefits. Knowing how and finding a professional advocate is a veteran’s best option.

Success rates are boosted with a professional advocate.

The National Organization of Veteran’s Advocates, Inc. (NOVA) reports that veterans represented by attorneys have the lowest denial rate in front of the Board of Veteran’s Appeals (BVA). NOVA also notes that veterans with attorney representation are more likely to have their appeals allowed by the BVA. Another great benefit to having an attorney is the Equal Access to Justice Act. This act says that if the attorney wins the appeal, then the government must pay the veteran’s legal fees. Therefore, the attorney gets paid without affecting the veteran’s benefits.

Qualified attorneys know their way around the process.

Attorneys who specialize in veteran’s benefits cases understand the process. These attorneys know what paperwork needs to be filed and when. They can also walk the veteran through the process. Attorneys can read and understand the case files and records which can help the veteran maximize their benefits and even find benefits the veteran may not be aware of. After assessing case files, the attorney can determine the most efficient path to take to achieve these goals. In a system where many veterans are waiting years for benefits, there is a huge benefit to using an attorney.

Having a professional advocate provides personalized help.

A veteran with an attorney advocating for their case has personalized help. Case managers and people within the system cannot provide this kind of assistance to their clients as they are dealing with a multitude of cases. Attorneys and firms generally only take on the number of cases they have time to give attention to, allowing them to fight on your behalf. In addition, an attorney is able to answer claims-related questions the veteran may have in a timely manner. Without an attorney, the only way the veteran can get answers is by calling the VA and often waiting long periods of time for answers. An experienced attorney can also help the client to know what records are needed to support claims and to provide sworn statements when necessary. You can be assured that if the BVA is hearing an appeal, they have an attorney. Therefore, it stands to reason that the veteran would want to even out the playing field by having an attorney as well.

When it comes to something as important as veteran’s benefits, it only makes sense that a veteran is better off with someone who knows the ins and outs of the process. It is the job of the attorney to advocate for their client, but they also provide support and information which is invaluable. If you don’t want to end up like Robert DiCicco and countless others like him, consider getting an attorney as soon as possible to help with your claim.

If you’d like to discuss your particular situation, please don’t hesitate to reach out. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.