Love and marriage can be of supreme importance when the Veterans Administration (VA) is considering an application for death pension from a surviving spouse. It is true that marriage is one way to document a veteran’s dependent, and this would mean an additional $332 per month to a vet’s pension in 2016. But failure to document a veteran’s marriage would certainly not be an outright bar to pension. By contrast, in the case of a surviving spouse’s claim, if you cannot document that the marriage between the surviving spouse and the veteran was valid, you have no claim at all, regardless of how eligible the surviving spouse may be otherwise.
The Longest Day-At-A-Glance
THE LONGEST DAY…
The Longest Day is a team event to raise funds and awareness for the Alzheimer's Association®. Held annually on the summer solstice, the duration of this sunrise-to-sunset event symbolizes the challenging journey of those living with the disease and their caregivers. Teams are encouraged to create their own experience as they fundraise and participate in an activity they love to honor someone facing the disease.
Join Team LWP together to help raise awareness! We'll be rocking purple shirts and moving from sun up to sun down!
Day of Event – Monday, June 20th:
- Yoga lead by Molly 6:45-7:30 outside the Practice With Purpose room;
- Stretching w/purple bands from the room at every break;
- Yoga lead by Molly at close of day Monday – again, just right outside the Practice With Purpose room; and
- Throughout the day, Kimberly, Roz & Molly will be walking outside – from morning till dawn – in our shirts and sharing socially
Join Team LWP along with friends and family from across the country to help raise awareness for Alzheimber's Association! You can participate live anywhere! Even if you aren't face to face on June 20:
http://act.alz.org/site/TR/?pg=team&fr_id=8480&team_id=327995
Members! Join Our Marketing Roundtable On Local Search With Nifty Law!
It’s not easy for a person to find the right lawyer, in the right town. With today’s clients turning straight to the Internet to find that one unique lawyer in their local area, marketing your practice can feel like trying to break the Enigma Code.
Join us on Thursday, June 9th at 4 EST along with Mike Ramsey of Nifty Law to learn the nuts and bolts expert tips about directory listing, search engine dos and don'ts, paid online advertising – getting links, likes and shares.
For anyone looking to unlock the mysteries and getting found on the Internet.
This is a members only event.
Register today: https://attendee.gotowebinar.com/register/1139857481701604100
Congratulations to Norman Sabin, Lawyers With Purpose Member of The Month
What is the greatest success you’ve had since joining LWP?
Implementing the LWP processes into the firm’s operations, allowing us to standardize the processes and production of quality estate plans while facilitating communication with the firm members.
What is your favorite LWP tool?
The Medicaid portion of LWP-CCS, wherein I can show clients Value Proposition of Asset Protection planning using their own financial situation. In addition, the use of ActionStep provides one-stop access to all firm operations, including client management, marketing activities and successes, and revenue tracking.
How has being part of LWP impacted your team and your practice?
LWP’s systems allow us to truly work as a team, supporting each other while ensuring that we can produce quality documents in a timely and efficient manner.
Share something about yourself that most people don’t know about you.
Prior to attending law school in the early 90’s I was employed in the data processing industry with IBM, Control Data Corporation and Storage Technology. I also flew C141s in the Air Force Reserves and spend about 4 years flying for World Airways before attending law school at Regent University.
What is your favorite book and how did it impact your life?
The Bible – it is truly the manual for living life to the fullest.
Crime Bill Introduced to Protect Veterans
Congressmen Tom Rooney (R-FL) and Ted Deutch (D-FL) introduced the “Preventing Crimes Against Veterans Act of 2016” on March 2. Rooney, an Army veteran, is a member of the House Appropriations Subcommittee on Veterans Affairs.
Rep. Rooney asserts that veterans in his district have brought to his attention that individuals are promising to expedite veterans’ claims through the horrendously backlogged system. After charging an exorbitant fee, the individual can no longer be found. Rooney has not stated whether these individuals are accredited by the Veterans Administration or not.
The bill would be an additional tool to prevent fraud against veterans. It would impose fines, imprisonment for up to five years, or both for anyone who “knowingly engages in any scheme or artifice to defraud a veteran of veterans’ benefits, or in connection with obtaining veteran’s benefits for that veteran.”
Rep. Rooney was involved in introducing the three-year look back penalties for veterans who transferred assets for less than fair market value. It is unclear whether this bill is intended to extend to practitioners who provide veterans benefits planning and long-term care planning advice to wartime veterans seeking pension benefits. This topic does not come up in his one-minute speech to Congress when introducing the bill, which can be seen here: https://rooney.house.gov/media-center/videos/preventing-crimes-against-veterans-act-one-minute. It can be argued that it will, given that the bill uses the generic language of “and for other purposes.”
Here is the text of the entire bill as it was introduced:
HR. 4676
To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 2, 2016
Mr. Rooney of Florida (for himself and Mr. Deutch) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Preventing Crimes Against Veterans Act of 2016”.
SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS.
(a) In General.—Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
“§ 1041. Frauds regarding veterans’ benefits.
“(a) Whoever knowingly engages in any scheme or artifice to defraud a veteran of veterans’ benefits, or in connection with obtaining veteran’s benefits for that veteran, shall be fined under this title, imprisoned not more than five years, or both.
“(b) In this section—
“(1) the term ‘veteran’ has the meaning given that term in section 101 of title 38; and
“(2) the term ‘veterans’ benefits’ means any benefit provided by Federal law for a veteran.”.
(b) Clerical Amendment.—The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following new item:
If you would like to learn more about adding Veteran Benefits Planning to your estate or elder law practice join our free webinar on Thursday, April 21st at 8EST. Just click here to reserve your spot today.
This is a FREE training webinar designed for attorneys who wish to add Estate Planning, Asset Protection, Medicaid, or VA Planning to their practice, or signifcantly improve on their existing business using our PROVEN and paint-by-number strategies for:
- Attracting higher quality clients who insist on working only with your firm (…and demanding their friends and family do the same!)
- Generating countless referrals from respected professionals and colleagues in the community.
- Automating and systematizing your practice in such a way that allows for higher volume…without work falling through the cracks, balls dropping, or having to work 80 hours a week just to keep up!
Victoria L. Collier, Co-Founder, Lawyers with Purpose, LLC, Certified Elder Law Attorney through the National Elder Law Foundation; Fellow of the National Academy of Elder Law Attorneys; Founder and Managing Attorney of The Elder & Disability Law Firm of Victoria L. Collier, PC; Co-Founder of Veterans Advocates Group of America; Entrepreneur; Author; and nationally renowned Presenter.
VA Health Benefits
Given how much the Veterans Health Administration (VHA) has been in the news for unnecessary wait times and inappropriate scheduling practices that have negatively impacted many veterans, you may not see any value in educating your clients regarding potential VA health benefits. However, VA health benefits might offer more economical health care and/or may be an option for your clients who are underinsured. Another advantage is greater access to health care nationwide, as you may seek care at any VA health care facility once enrolled in the VA health care system.
When you enroll in VA health care, you are eligible for what is termed a Medical Benefits Package. This package consists of hospital, outpatient, and extended care services providing basic and preventive care, as well as prescription drugs, emergency care and even in some cases, services like: rehabilitative services; professional counseling and mental health services; durable medical equipment, including eyeglasses and hearing aids; home health services; reconstructive (plastic) surgery; hospice care; and dental care. What exactly is available to the recipient of VA health benefits will depend on the veteran’s unique eligibility status and whether such care or services are deemed medically necessary by VA health care providers. You receive a booklet called the Veterans Health Benefits Handbook after enrollment that gives you the specifics of your individual Medical Benefits Package.
Who qualifies for them?
If your client served in the active military, naval or air service and was discharged under any condition other than dishonorable, the client may qualify for VA health care benefits. There is a minimum duty requirement for veterans who enlisted after September 7, 1980, but there are also many exceptions both before and after this date, so you should consult 38 CFR §17.31 Duty periods defined for the definitions of duty periods applicable to eligibility for medical benefits.
Although family members, with very limited exception, cannot access the VA health care system, family members of veterans may be eligible for CHAMPVA. This is a program that provides health insurance coverage to dependents of a qualifying sponsor who is, or was at the time of death, rated permanently and totally disabled due to a service-connected disability or who died of a service-connected disability.
How do you enroll?
You can apply for VA health care by completing VA Form 10-10EZ Application for Health Benefits and submitting it in person or by mail to the enrollment coordinator at any VA Medical Center. The 10-10EZ form has sections to complete with information about military service, health insurance, and finances. Private health care insurance does not affect eligibility for VA health care. The instructions for the financial section specify that only non-service-connected and service-connected veterans rated at 0% must provide this financial information. However, they go on to state that those receiving VA pension or compensation and/or Medicaid benefits, among others, are not required to disclose financial information. In fact, after a claimant is approved for non-service-connected pension, he/she should be automatically mailed enrollment information for the VA health care system. The financial information is used to determine eligibility and copay responsibility for VA Health Benefits and – with the exceptions noted above – may be a requirement of enrollment.
More information
As part of enrollment, the applicant is assigned to a Priority Group based on the severity and nature of the applicant’s disability and/or income. There are eight Priority Groups for enrollment, from highest priority at #1 to the lowest at #8:
- Veterans with service-connected disabilities 50% or more disabling, or those unemployable due to service-connected conditions;
- Veterans with service-connected disabilities 30% or 40% disabling;
- Veterans who were Prisoners of War (POWs), were awarded the Purple Heart or Medal of Honor, whose discharge was for a service-connected disability, with service-connected disabilities 10% or 20% disabling, or special eligibility under Title 38, U.S.C. § 1151;
- Veterans receiving aid and attendance or housebound VA benefits or who have been determined by the VA to be catastrophically disabled;
- Non-service-connected veterans and non-compensable service-connected veterans rated 0% disabled with annual income below the VA’s and geographically (based on your resident ZIP code) adjusted income limits, veterans receiving VA base pension benefits, or eligible for Medicaid programs;
- Compensable service-connected veterans rated at 0% and various categories of veterans whose military service meets certain requirements;
- Veterans with gross household income below the geographically adjusted income limits (GMT) for their resident location;
- Veterans with gross household income above the VA and the geographically adjusted income limits for their resident location.
The Priority Group assignment will determine what the VA Health Benefits enrollee will pay, if anything, in copayments for their health benefits. Generally, the cost of care is free when related to service-connected disabilities, but there may be a copay for all other services, to include prescriptions.
Despite the fact that, when the VHA makes headlines, it’s often not for a good reason, the news isn’t all bad. The VA has taken corrective action to identify and resolve the issues that have plagued the VHA, including requesting the VHA to conduct an audit which then led to the Accelerating Access to Care Initiative. The VA also publishes comprehensive monthly updates detailing pending and completed appointments and average wait times that allow for oversight, and also allow a beneficiary to select a VA Medical Center with lower wait times when there is more than one in their area. For further information on Veterans Health Benefits beyond this overview, consult the website of the Veterans Health Administration at http://www.va.gov/health/.
If you aren't a Lawyers With Purpose member and want to learn more about how we can help you in your estate or elder law practice, click here and join our FREE webinar on Thursday, April 21st at 8 EST "Four Essentials For A Profitable Practice". On this one hour webinar, you'll discover:
- How to turn the complexity of Medicaid and Asset Protection Laws into simple value creation that is easy for clients to identify, allowing you to enroll more prospects into paying clients.
- Proven ways to get to YES faster and EASIER…with less "selling," pressure, or having to later overcome buyer's remorse.
- Why a confused or overwhelmed client will always say NO, and how to instead "show the law" (not TEACH IT) to more effectively earn new business.
- The key "stories" you must tell during the initial meeting (or workshop) so that clients can relate and deeply understand the value you provide (…even when your services cost 5X more than the competition down the street!).
- How to implement time management secrets of successful entrepreneurs, so that you are able to do more in your practice in less time, and have free time left over to do what you love.
- Effective ways for working on the business (not in the business) in order to master lead generation, lead conversion, and serve your clients to create consistent cash flow.
- Discover the key metrics that should be the sole focus of managing your practice…and how successful estate planning and elder law attorneys leverage tracking and reporting to reach their goals.
- Discover the five essential roles that you and your staff must fill to achieve a consistently profitable practice.
Click here to register and reserve your spot now.
By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services for Lawyers With Purpose.
Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004. Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; Co-Founder of Lawyers with Purpose; and Co-Founder of Veterans Advocate Group of America.
Is the VA Opportunity Dying?
As the Veterans Administration plans to implement new laws that would impose a three-year look back for gifts, creating penalties of up to 10 years for both transfers of assets and purchase of annuities, lawyers frequently ask me, “Are we going to be able to do any planning and help wartime veterans and their widows anymore?” What they are really asking is, “Will these changes hurt my law firm?” and “Do I need to stop doing VA benefits planning?”
The simple, candid answers are: “Yes, possibly” and “No, the clients need you now more than ever.”
There is no doubt that the current way of doing things will change. For example, “crisis” VA planning (where an individual could do planning one month and be eligible for benefits the next month) will be reduced to those clients who have limited funds who seek only pre-application consultative advice. Thus, instead of being able to charge for a plan of eligibility, the lawyer may only charge a consultation fee. As always, no one will be able to charge to assist with the completion and filing of an application for benefits.
Even though crisis VA planning will be virtually dead, a new age of pre-planning will emerge. Like Medicaid planning, wherein people structure five-year “wait and see” asset protection plans, veterans will need to construct three-year planning options. This will lead to a new opportunity for advocates to create excellent estate plans that address traditional estate planning and death distribution desires, as well as VA benefits and future Medicaid benefits. This will also lead to the opportunity for licensed insurance brokers to reposition assets into three- to five-year immediate annuities to create guaranteed income streams to pay for the client’s living expenses and health care needs during the look back period. Instead of competing for business, lawyers and financial advisors should work together to create a solid long-term care plan, or, if permissible in your state, the lawyer should consider obtaining a license to sell insurance products to keep the plan under one roof and bolster income at the same time.
The look back and resulting penalties are not the only proposed law changes. The VA also plans to limit not only the acreage that applicants may have attached to their home place, but also the deductibility of certain medical expenses, etc. With all of the changes and the remaining ambiguity in the processing of the claims due to the language of the changes, clients will need lawyers to assist with appeals. Lawyers can charge reasonable fees, as approved by the VA, after a notice of disagreement has been filed. Presumably not many lawyers will want to do appellate work, leaving the field wide open for those who do.
If you want to learn more about Lawyers With Purpose and what we have to offer our members join our FREE WEBINAR on Thursday, April 21st at 8 EST / 5 PST titled "Four Essentials For A Profitable Practice". Click here to join us. Here is just some of what you'll get:
- Discover the Four Essentials for a Profitable Practice - Turn the complexity of Medicaid and asset protection laws into simple value creation that is easy for clients to identify.
- Get Access to the Time Management Secrets of Successful Entrepreneurs - Spend your time working on the business (not in the business)…master lead generation and lead conversion and serve your clients to create consistent cash flow.
- Discover the Key Metrics that Should be the Sole Focus of Managing Your Practice - Learn how successful estate planning and elder law attorneys leverage tracking and reporting to reach their goals.
- Discover the Five Essential Roles You and Your Staff Must Fill to Achieve a Consistently Profitable Practice - And much, much more….
Click here to reserve you're spot today.
Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004. Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; Co-Founder of Lawyers with Purpose; and Co-Founder of Veterans Advocate Group of America.
Congratulations to Debra Robinson, Lawyers With Purpose Member of The Month
Greatest success since joining LWP:
For many years I was in practice with a series of different partners. When I finally broke free and went on my own, I was searching for new and better ways to run my practice. Molly Hall reached out to me at just the right time, and I believed LWP was a perfect fit for my needs. Within a few months, I increased my fees, made a scheduling template and stopped interrupting my work flow to answer client calls, and became a much more efficient practitioner.
My team and I are gearing up to start having workshops. We moved to new offices in January, with a large enough room to hold workshops in-house. We have watched Dave’s videos together several times, and are in the process of editing and printing all the wonderful material made available by LWP. Now all I have to do is learn to tell the jokes.
Impact on my team and my practice:
We are having more frequent staff meetings, I’m sharing more educational material with my team because I realized the more they understand, the more they can take on. We made a list of everything that needed to be done to start having workshops, and everyone pitched in and did even more than I expected
Share something about yourself that most people don’t know about you:
Most people don’t know that my mother was inspirational in how I interact with my elderly clients. My mother met the love of her life when she was 84 and he was 87. They had three wonderful years together before his health failed. They were head over heels in love, and a joy to watch. I learned from them that no matter what your age, life can still bring wonderful surprises if you are open to taking chances.
What is your favorite book and how did it impact your life?
Little Women – I read it as a teenager and it made me want to be a writer like Jo – Maybe someday.
In Defense of My Smartphone – By a Generation Xer
On the second day of the Lawyers with Purpose Tri-Annual Practice Enhancement Retreat in Orlando, there was a focus session on the Infrastructure Track called “Bridging the Generation Gap,” presented by Susan Hunter. My presence there was mandatory, as I had been assigned to administrative duties as an employee of Lawyers with Purpose. However, it was also my treat, because I am a big fan of Susan’s presentations and knew I was in for an informative and humorous session – and I was right. Susan talked about the three generations that make up her law firm team: The Baby Boomers, Generation X, and the Millennials. She also explored the challenges and opportunities that may occur when working with someone not from your own generation, as well as the growth mindset needed to bridge this gap.
Among the various characteristics of the Millennials noted was their hyper-ease with technology, especially social media, predominantly via smartphones. It was cited that 98% of Millennials have a smartphone. And it is the smartphone that is usually blamed for promoting isolation and the decrease in face-to-face interactions in real time – not FaceTime. But, in defense of my smartphone, I found that I related more to the Millennials who work in our firm during this trip because of it than I think I would have otherwise. Don’t get me wrong, there was also plenty of good, old-fashioned team building in the form of conversations, brainstorming, card and board games, as well as one night with a home-cooked meal prepared by team members. However, I must confess that our smartphones did play an important part in bringing us together as a team.
My use – excuse me – our use of the smartphone during our road trip from Atlanta to Orlando as well as during the retreat was interactive. First and foremost, we used it to get information like researching recommended places to eat along I-75 or finding the cheapest gas when it was time to refuel. We also used the mapping capabilities of the smartphone extensively to direct us on our route, avoid traffic, and keep us up to date on our ETA despite the pit stops. Then there is what may be the default use of the smartphone: communication. Our firm stayed at a timeshare condo a few minutes from the hotel where the retreat occurred, and this required some coordination to accommodate the needs of all nine team members. We relied on text messages and calls to remain in contact and synchronize needed rides. During the road trip, we would also send regular text messages to Victoria, our supervisor, to give her status updates on our arrival both to Orlando and Atlanta.
Another way we communicated via smartphone was by sharing photos the team took. This included sharing funny pictures of Goofy and the team at the reception, but they also served to document our team’s work at the retreat, like the photo we shared of our completed, collaborative Brainstorming Sprints sheet. Lawyers with Purpose even provided a smartphone app called EventBoard for the retreat and the Practice with Purpose program. The app provides an interactive conference event guide with the schedule, speaker information, sponsors and their websites, floor plans, and online evaluation forms. I really like how the events grayed out on the schedule as the day went on so you could immediately see the highlighted current and upcoming sessions. Sure, there were technical difficulties. When I first opened the application, no details loaded for the sessions and the evaluation forms were blank. However, once I closed the other 20 apps that I was unconsciously, simultaneously running on my iPhone, EventBoard worked quite well.
I will confess that my first sight of some of the Millennials in our firm on any given morning during the retreat was in bed by the light of a smartphone furiously typing. Perhaps they were well on their way to the 50 or more text messages that 50% of Millennials surveyed will send in a day. But I can’t blame them, as the first thing I did every night and every morning while away was to text my family to say “Hi.”
Finally, we used our smartphones to play music enjoyed by the team as a whole. We took turns depending on who had a particular song we wanted to hear. No one had brought a portable speaker, and the van’s stereo system had no speakers in the passenger area, thus we had to improvise with one of those pairs of giant headphones that Millennials often sport to broadcast the music for all to hear. As a result, the music was a little tinny and not as loud as I would have liked. Nonetheless, it relieved the monotony of the road trip as we sang, hummed, and/or danced to music from all three generations and, more importantly I think, moved in harmony as a great team should.
If you want to learn more about Lawyers With Purpose and in particular what it takes to have a successful practice, click here and download our FREE eBook "The Five Essential Roles for A Successful Practice".
Here Is Just Some of What We'll Reveal:
- Discover the Five Key Roles that must be fulfilled to truly have a successful law firm.
- What you need at all five levels.
- How each role impacts the organization and its ability to perform.
- How each role interacts to achieve ultimate success.
- The bottom line of what you need to create a purposeful practice
- … and so much more!
By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services for Lawyers With Purpose.
Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004. Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; Co-Founder of Lawyers with Purpose; and Co-Founder of Veterans Advocate Group of America.
Values vs. Valuables
A recent survey conducted by the Allianz Academy of Legacies asked Baby Boomers and their parents to rank priorities when leaving an inheritance.
Overwhelmingly, they preferred passing down their “values” vs. “valuables.”
Yet, only a small fraction of these generations has made provisions for this in their estate plans, mainly due to a lack of professional guidance and a practical legacy plan.
As such, the demand for providing a values solution is expected to increase dramatically in the coming years, and estate planners are in the most advantageous position to benefit.
Not only do families find it difficult to get professional advice on this matter, but also the professionals they consult with have few options to offer – until now.
Over the past decade, the team at Legacy Stories has provided senior care professionals with a life review program that has become an industry standard. Now the methods and technology have been reformatted to serve the estate planning and financial advisor community.
To that end, the “Legacy Values Plan” is designed specifically to be a comprehensive self-guided legacy-building solution that can attract new clients and increase client retention with no added staff or training.
This award-winning solution helps your clients preserve and pass down their life lessons, values and experiences as an essential part of today’s estate plan.
Lawyers with Purpose has made arrangements to offer its members this exceptional program at 20% off.
To learn more go to: https://www.legacystories.org/values
Apply this code for the discount: LWP20
Tom Cormier, Co-founder, LegacyStories.org
Roslyn Drotar, Online Marketing, Content & Social Strategist for Lawyers With Purpose