Posts in category: VA

There is an epidemic of suicide among America’s service members and Veterans. In the United States general population, there are approximately 36,909 suicides per year, which is the 10th leading cause of death (with homicide following at the 15th leading cause of death with 16,799 per year). Twenty percent of U.S. suicides are Veterans (National Violent Death Reporting System).

The Veterans Administration has implemented Operation S.A.V.E., which stands for:

S: signs of suicidal ideation (thoughts of suicide);
A: ask the question – “Are you thinking of killing yourself?” or “Are you considering suicide?”;
V: validate the person’s experience without judgment; and
E: encourage treatment.

Women attempt suicide three times more than men; however, men complete suicide at a rate of four times that of women. White men are the highest risk, followed by Native Americans. Moreover, as a person ages, specifically over the age of 65, the increased risk for suicide becomes eight times greater. The highest rates of suicide are found among people in their mid-life years. This is often linked to isolation after retirement or death of a spouse. People must find a way to stay connected to extended family, friends, and their community.

This is especially relevant for estate planning and elder care attorneys. Depression among the elderly frequently goes undiagnosed. However, when a person is isolated, becomes depressed, and lives alone in their home, the motivation and situation are ripe for suicide. When conducting a consultation for an estate plan, clients may express feelings of hopelessness and the desire to die. Take that opportunity to discuss whether they have been diagnosed with depression and whether they plan on accelerating their death through suicide. Also ask if the person has any weapons at home. If so, encourage them to be removed and kept in safe keeping with a family member.

People who commit suicide may not appear depressed. Other warning signs may include anger, anxiety, increased use of alcohol or drugs, or risky behavior showing ambivalence as to life or death.

Estate planning involves more than just preparing documents. It also includes listening and counseling with clients to determine what their needs are and whether they have any underlying issues that need to be addressed. Likewise, elder care planning means more than asset preservation and Medicaid planning. A person’s health may stabilize or improve if the underlying cause of decline is addressed (i.e. depression).

Lawyers With Purpose members are trained in advanced communication skills to help identify clients’ needs, desires, and core issues. We all have the ability to save a life if we are willing to listen and ask the right questions. When you identify Veterans who may need assistance, provide them with the Veteran’s Crisis Line: 800-273-8255, or www.mentalhealth.va.gov; www.vetcenter.va.gov (readjustment therapy for combat veterans), or www.PTSD.va.gov.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Day Two of LWP's Asset Protection, Medicaid & VA Summit kicks off with Victoria sharing her story getting her first stripes along with her personal experience while serving our country and how it lead to her being a true advocate for our Veterans today.

On Wednesday, March 27, 2013, the Supreme Court of the United States heard over three hours of oral arguments to determine the constitutionality of the Defense of Marriage Act (DOMA), signed into law by President Bill Clinton, enacted on September 21, 1996. DOMA restricts same-sex couples from receiving federal marriage benefits. Moreover, DOMA does not require inter-state recognition of legalized marriages of same-sex couples. Thus, a couple of the same gender who is legally married in Massachusetts would not be recognized as married should they move to a state such as Georgia.

Had “Don’t Ask Don’t Tell” not been repealed, this discussion would be moot. But, since homosexuals can now serve in the military openly, the issue of striking down DOMA becomes even more important for both active duty military members as well as veterans.

Many advocate for the unconstitutionality of DOMA due to the discriminatory differences in taxes, employment benefits, wrongful death suits, and approximately 1,100 other federal benefits that are not available to same-sex couples. But for military individuals, the benefits of marriage go well beyond that. For active duty military, when both spouses are in the service, they are assigned to the same military institution. If they have children, then only one spouse is deployed at a time so the children will have one primary parent still at home. The military spouse is paid more when he or she is married. This is just the short list. Veterans who are or could receive service connected disability compensation or wartime pension would also benefit by DOMA being repealed, as would their spouses.

The Supreme Court is expected to have a decision about DOMA in June. Regardless of the outcome, it is noteworthy that the Secretary of Defense has already begun making strides to minimize the discrimination of same sex couples serving in the military. On February 11, 2013, a memorandum extending benefits to same-sex domestic partners of military members was issued in response to the repeal of “Don’t Ask Don’t Tell.” Twenty member-designated benefits and 22 additional benefits for same-sex domestic partners are slated to be in place no later than October 1, 2013. To read the entire memorandum, click here.

The ability for same-sex active duty military, as well as veterans, to be legally recognized as married, will open the door for estate planning opportunities, long-term care opportunities, and asset protection strategies. Becoming aware of and staying abreast of the changes in this area of the law will set your law firm apart from others who are still focusing on the “permanent tax” law.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

I went to Washington D.C. last week on vacation in hopes of seeing the cherry blossoms. As luck and a late spring would have it, they were in full bloom. Being a veteran, it was also important to me that I take my children to Arlington National Cemetery to pay our respects and witness the changing of the guard at the Tomb of the Unknown Soldiers.

While walking toward the tomb, I noticed six horses approaching our direction. Since my children are three, they really like horses. As I was getting their attention, the realization hit me that the horses had just performed their duty of delivering the casket of a fallen soldier. Shortly thereafter we heard the 21 gun salute. There are over 27 funeral services per day at Arlington. It was an honor to be able to witness one of them.

Who is permitted to be buried at Arlington? My mother was with me on vacation and she asked me if I was going to be buried there. Unfortunately, for me, the answer is “no” because I don't qualify. To be eligible for burial in the Arlington National Cemetery, the person must have either: died while on active duty; be retired from the Armed Forces; any member of the Armed Forces who was separated prior to October 1, 1949 due to physical disability and who would have been eligible for retirement; any former active duty member of the Armed Forces who received one of the following decorations: Medal of Honor; Distinguished Service Cross (Air Force Cross or Navy Cross); Distinguished Service Medal; Silver Star; Purple Heart; or who was a prisoner of war; or certain qualified family members. For more information about eligibility, visit the Arlington National Cemetery.

While we are all familiar with May 30th being Memorial Day, a day to honor and remember those who served and died for our country and our freedom, it is humbling to be at Arlington any given day when a funeral service is being performed – a daily reminder that service members are dying every day for us.

As an estate planning and elder law attorney, I am privileged to meet so many wartime veterans from WWII, Korea, Vietnam, and now also from the Desert Wars. Each has a unique story. They have protected our country and now want to protect their own families. As attorneys, we have the unique abilities to help them do that through asset protection strategies and estate planning tools. For more information, contact www.LawyersWithPurpose.com.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Veterans must wait an extraordinary amount of time to obtain a decision on an application for disability benefits. Quite often the decision is a denial. The veteran then has the option to appeal the denial to the office of origin, Veterans Affairs Regional Office (VARO), which is exactly where the application was filed and denied. After the VARO confirms its own denial, the veteran may then appeal to the Board of Veterans Appeals (BVA) (also an appellate level within the confines of the VA – administrative law judges who work for and are paid for by the VA).

Veterans are afforded due process rights as part of the application and appeals processes. However, on August 23, 2011, the VA promulgated a new regulation exempting the BVA from certain due process procedures outlined in 38 C.F.R. § 3.103, which govern claimant hearings before the VA.  Moreover, the VA dispensed with the legally required formal public comment period, making the new rule effective immediately. The National Organization of Veteran Advocates (NOVA) opposed the VA’s denial of due process rights at BVA hearings and filed a Petition for Review in the Court of Appeals for the Federal Circuit.

On March 21, 2013, the Federal Circuit Court found the VA’s actions unlawful and threatens sanctions as a result of VA’s conduct. The Court is requiring the VA to show cause why sanctions should not be imposed on the responsible officials, recognizing that “sanctions may be needed to motivate VA in the future to treat its commitments and representations to this court and opposing counsel with the seriousness to which they are entitled.”

This decision by the Court is a huge victory for veterans. Lawyers with Purpose, LLP, specifically thanks the advocates of NOVA for their unyielding efforts on behalf of veterans. To read the complete Order of the Court, go to: http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-7191.Order.3-18-2013.1.PDF.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Great News! As our members saw from our post on the LWP ListServ, we have officially launched the Automated VA Qualification Worksheet. Victoria Collier is hosting a webinar next Friday, March 15th at 3:00 EST to go through it live with our members.

Some of the newest features on the Automated VA Qualification Worksheet we'll discuss and review are:

– Type of Claimant automation on the income sheet

– Type of Benefit automation on the income sheet.

– Age Analysis automation on the income sheet.

You'll learn how the VA Qualification Worksheet helps with:

– Status of Veteran – Type of Benefit

– Age analysis

– See a Live Case Study

– Bring a Real Client’s Facts and at least one attendee will get to have their numbers plugged in and see immediate results

The VA Qual Worksheet allows you to easily input the financial figures to quickly determine whether the claimant qualifies under the income and asset standard, and if not, how much income or assets the claimant must reduce in order to qualify.

We're so excited about bringing this to our members and for them to start using it today for greater efficiency in their office as well as build confidence with clients! It is also a great training tool for your team.

If your a member and want to register, you can contact Marci Otts at motts@lawyerswithpurpose.com. To learn more about our tools and Lawyers With Purpose membership, please visit www.lawyerswithpurpose.com.

"The Federal Trade Commission warns veterans and their families:  Be wary of dishonest advisers offering “free” help with paperwork for pension claims. Unscrupulous lawyers, financial planners and insurance agents advise veterans over 65 to transfer their assets to a trust, or to invest in insurance products, so they can qualify for Aid and Attendance benefits.  By following their advice, you could lose your eligibility for Medicaid services and the use of your money for a long time, plus get billed for fees that range from hundreds to thousands of dollars. Whether it’s through an ad or a website, these offers usually involve a free seminar, often at assisted living facilities, senior centers, or other places in your community.  They may claim to be veterans themselves, and appeal to your emotions to get you to act.  Consider any pressure to act fast as your cue to say no.  Your best bet is to take your time, do some research, and consider all your options, including doing nothing."

http://www.ftc.gov/opa/2013/02/vetspension.shtm

As an elder care attorney, I have been helping middle class, wartime veterans since 2003 obtain VA pension with Aid and Attendance. Since 2005 I have been training lawyers on the eligibility rules and how they, too, could assist wartime veterans and their widows obtain tax free income to help offset the high cost of home health care, assisted living care, and nursing home care. Since 2009, I have personally observed the unscrupulous behaviors of financial advisors, insurance agents, and attorneys who are not accredited by the VA and are only interested in their own short term gain.

In 2012 I co-founded Lawyers With Purpose, LLC, a member organization that is creating a world where people can protect what’s important to them and where client-centered lawyers can be valued for the peace of mind they help provide. The lawyers who are members of Lawyers With Purpose, LLC uphold the highest ethical standards and work within the VA benefits and Medicaid benefits laws to partner with a client in creating a personalized long-term care plan.

My clients tell me that what is important to them is:

(1) living as independently as possible, in their own home when possible;
(2) preserving their quality of life as they age and become disabled; and
(3) protecting their family members who depend on them for support.

This is often accomplished by legally preserving assets and qualifying for assistance from other sources like VA pension with aid and attendance or Medicaid.

As an ethical estate planning and elder care planning attorney, you should not be offended by what the FTC has said, you should make your community aware that these practices are, in fact, happening. You can educate your community on how to protect themselves from the bad actors and distinguish yourself as one of the good guys.

The FTC points out some really good tips for consumers as to how to ensure they are using an advisor who has the client’s best interest in mind, not the advisor’s best interest.

(1) Make sure the advisor is accredited by the Veterans Administration
(2) If you have your own financial advisor but attend a seminar by a different financial advisor or insurance sales person, discuss the information with your personal financial advisor before switching advisors
(3) If you are using a financial advisor to assist with planning, make sure you have an accredited lawyer review the plan (a lawyer that you personally meet with)
(4) Check the state bar for any complaints against the lawyer
(5) Understand that lawyers can charge for creating and implementing an estate plan, to include long-term care planning, but no one can charge to assist you in completing and filing a VA application.

For more tips, go to http://www.consumer.ftc.gov/articles/0349-poaching-veterans-pensions

To learn more about Veteran Benefits and Medicaid Planning register to attend our Lawyers With Purpose program in Atlanta April 30th – May 1st. Click here to register.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Wartime veterans (or their widows) may receive tax free income to help offset the cost of long term care. The benefit, Improved Pension, commonly referred to as Aid and Attendance, is a means tested benefit wherein the claimant must meet both income and asset limitations.

The asset limitation is not a bright line figure, however, a standard guide is that if the claimant has more than $80,000 of countable assets (the home, cars, and personal property are exempt), the claim will be denied. Thus, often the veteran will seek counsel from a qualified attorney to assist with asset preservation and qualification for benefits.

A problem with reduction of assets may arise when the veteran has a large retirement account. Unlike other investments or cash account, retirement accounts cannot be liquidated without incurring a sizable income tax consequence.

Can the IRA be converted to a SPIA?

Historically, in this situation, the recommendation was to roll either a portion of or the entire retirement account into a single premium immediate annuity (SPIA). SPIAs create an income stream based on the insured’s life expectancy, thereby eliminating the cash value of the investment. Given there was no cash value, then that automatically reduced the net worth of the claimant, bringing the assets below the permissible limits.

The Veterans Administration has begun denying claims where a SPIA has been used, asserting that the SPIA has not reduced the net worth. Although no laws have changed, the VA has changed its procedure of how it treats annuities when calculating net worth. Until the law does change, my recommendation is that:

(1) if you have pending claims with SPIAs that ultimately become denied, then appeal.
(2) if you have a large retirement account, either
(a) don’t apply for VA benefits, or
(b) use a SPIA but caution your client of the probability of a denial and the likelihood of an appeal.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.