Pension Available to Veterans Who Qualify
Aid and Attendance is a valuable Veterans Pension program that many fail to access. Veterans who have served in the military for 90 consecutive days and served during a period of war (see box below) may be eligible to receive an Aid and Attendance pension. To be eligible the Veteran must meet certain criteria. The Veteran must be 65 years of age or older and released from the service under a discharge which was other than dishonorable. The Veteran must need assistance with the activities of daily living. In certain situations, the surviving spouse of a deceased veteran may be eligible for an Aid and Attendance pension. There are also financial criteria which must be met. For the Veteran or his or her surviving spouse to be eligible for an Aid and Attendance pension, the applicant must have no more than $80,000 in assets. Among the assets excluded from this $80,000 cap is the Veterans (or spouse’s) residence. Unlike Medicaid eligibility criteria, IRAs and other retirement funds are countable assets. Transfers of assets are permitted prior to making application for Aid and Attendance.
Income is also restricted. The income of a single Veteran cannot exceed $19,736 and the income of a surviving spouse cannot exceed $12,681 per year. A married Veteran is allowed an annual income of $23,396. Although the income cap is quite limited, the out of pocket cost of medical expenses is subtracted from the Veteran’s actual income. Thus a Veteran who employs a home health care aide reduces his income by the cost of the aide’s employment. The Veteran who resides in an assisted living facility can reduce monthly income by the amount paid to the facility. Doctor’s fees, Medicare premiums, prescription costs, transportation costs to and from doctors and nursing home costs can also be subtracted from the Veteran’s gross income. If the resulting net income does not then exceed the allowable amount, the Veteran or spouse is eligible for an Aid and Attendance pension.
If you or a family member are interested in learning more about the Aid and Attendance pension, give our Certified New York Elder Law office a call to discuss eligibility in greater detail.
The Veterans Administration has strictly defined periods of war. Eligibility for an Aid and Attendance pension requires that the Veteran must have served for at least one day during one of the time periods listed below.
World War II December 7, 1941-December 31, 1946
Korean Conflict June 27, 1950 – January 31, 1955
Vietnam Era August 5 1964 – May 7, 1975
Persian Gulf War August 2, 1990 -??? ( no end date yet determined)
CALL US FOR PEACE OF MIND TODAY
PHONE: (516) 228-6522
FAX: (516) 228-6525
600 OLD COUNTRY ROAD - SUITE 444 GARDEN CITY, NEW YORK 11530-2009
SATURDAY & SUNDAY CLOSED
SE FALA PORTUGUES
LOCATED IN GARDEN CITY, NEW YORK, MAKOFSKY LAW GROUP, P.C. (formerly Makofsky & Associates, P.C. formerly Raskin & Makofsky, LLP) HAS SERVED CLIENTS IN AREAS INCLUDING LONG ISLAND, NEW YORK CITY, MANHATTAN, QUEENS, BROOKLYN, BRONX, WHITE PLAINS, MINEOLA, HEMPSTEAD, LEVITTOWN, MASSAPEQUA, BETHPAGE, SYOSSET, OYSTER BAY, GLEN COVE, PORT WASHINGTON, MANHASSET, GREAT NECK, WOODMERE, VALLEY STREAM, ELMONT, FLORAL PARK, FLUSHING, KEW GARDENS AND FOREST HILLS, NEW HYDE PARK, EAST MEADOW, PLAINVIEW, Merrick, Westbury, Long Beach, Oceanside, Franklin Square, Huntington and Rockville Centre.
Attorney Advertising: Information contained in this website may be considered attorney advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
*Certified as an Elder Law Attorney by the National Elder Law Foundation as approved by the American Bar Association. Certification is not required for the practice of law in the State of New York.