Bigstock-Forms-Concept-with-Word-on-Fol-95979155

Focus on Forms: VA Form 21-527EZ

August 9, 2015

by Lawyers With Purpose with 2 Comments Estate Planning Drafting Software VA

This blog post will focus on one of the most common forms used in VA improved pension (with aid and attendance) claims. As an introduction, I will start with some general comments on the use of VA forms. Like most well-established bureaucracies, the Department of Veterans Affairs is partial to its own forms. There are very few scenarios involving VA pension claims that do not call for at least one form. Using the wrong form or the wrong version of a form, or completing the right form incorrectly, can have serious unintended consequences to your claim. It could be delayed or outright denied.

Because it is so important that you use the most current version of a form, the software developed by Lawyers with Purpose to complete claim forms is regularly updated to incorporate form revisions. Otherwise, to ensure that you are using the most up-to-date versions, we recommended that you go to the source: namely, the VA website at http://www.va.gov/vaforms/, which has 517 forms in its database. The goal of this post will be threefold: to define the purpose of the form; to discuss how to complete it, section by section; and to recommend what to file with the form.

The VA form 21-527EZ Application for Pension, which is used by a veteran to apply for non-service-connected pension benefits. The form is only for veterans filing a claim. If the claimant is a surviving spouse, then you would use the counterpart VA form 21-534EZ. When you download the 21-527EZ from the VA website, the document has eight pages – four pages of instructions and four pages of form. The first two pages of the instructions explain what it is and how to file a Fully Developed Claim (FDC), which is a relatively quicker claim process in comparison to the Standard Claim Process. Page 3 of the instructions discusses what evidence you should supply to support your claim, depending on the level of benefits being sought: Base Pension, Housebound, or Aid & Attendance. The last page of instructions relates to benefits for a helpless child of a veteran, validity of marriages, and the effective date.

There are 13 sections to VA form 21-527EZ, numbered with Roman numerals; 10 of these are labeled “Must Complete,” while the other three sections are to be completed only if applicable. Sections I and II are for the Veteran’s Personal and Service Information, respectively. Most of the fields here are self-explanatory. If the veteran previously filed a claim with the VA or you already filed an informal claim/intent to file a claim, you may have the VA file number to put in field 6; otherwise put “Unknown.” The question in field 9, “What disability(ies) prevents you from working?”, can be answered by putting “over 65.” Section III is for the Veteran’s Work History, which, unless they are currently working, you will complete by putting “Retired” in the first block of column 17A. The next three sections relate to the veteran’s family; specifically, marital history (IV and V) and dependent children (VI). You are required to complete Section IV regarding marital status. However, you should only complete Sections V and VI if the veteran is currently married or has dependent children, respectively, otherwise they can be crossed off as non-applicable.

The next three sections (VII to IX) relate to finances. The associated section names are a little misleading. For example, Section VII: Income Verification – Net Worth is for reporting net worth and not income, as the name may lead you to believe. All countable assets of the veteran and any dependents should be listed here as of the effective date. Sections VIII and IX are both for reporting income of the veteran and any dependents as of the effective date, the difference being that Section VIII: Income Verification – Monthly Income should be used to report income that is received in fixed, monthly payments, such as Social Security or retirement pension, while Section IX: Expected Income is for reporting annual amounts of income that are not received in fixed, monthly payments. The effective date is the date that the informal claim or intent to file a claim was filed, or if not filed, the date the formal claim was submitted. Every source of income received by the veteran and any dependent should appear in either section VIII or IX, but never in both.

Section X is for reporting unreimbursed medical, legal, or other expenses. However, since the VA has a more extensive form to report medical expense, VA form 21P-8416 Medical Expense Report, we recommend you use that form instead and only cross-reference VA form 21P-8416 in Section X. The last page and the three last sections of form 21-527EZ consist of Direct Deposit Information (XI), Claim Certification and Signature (XII), and Witnesses to Signature (XIII). You must complete the first two of these sections, and specifically, the veteran must sign Section XII. The VA does not recognize Powers of Attorney. The final section is only applicable if the veteran signed the previous section with an “X.” In that case, two witnesses must also sign to document the identity of the signer.

When you file VA form 21-527EZ, you must also file verification documents. Simply put, what you file should support the data you entered in the 13 sections of the form. Whenever possible, provide photo identification, birth certificate, and military discharge paperwork. Moreover, and just as important, include marriage certificates and any divorce decrees or death certificates to document the proper dissolution of prior marriages. Their omission will almost certainly delay a claim when the VA has to request this information, wait to receive it, and then continue processing the claim. It is also recommended to provide financial statements to support the net worth and income as of the effective date reported in sections VII to IX.

In summary, VA Form 21-527EZ is the primary application form for a veteran seeking non-service-connected pension benefits. It is best practice to complete all 10 mandatory sections of this form and any of the remaining three sections, if applicable, and to provide all documents that support what is declared on the form. Keep up to date with changes to VA forms by updating your LWP-CCS software whenever new releases are available and by checking the VA website regularly.

If you want to learn more about VA benefits planning, or you are not a member and want to join us for our "Veterans Administration Proposed 3 Year Look Back And Other Law Changes" on August 19th at 4 EST register and reserve your spot by clicking here now.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and VA Production Coordinator 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 for Wartime Veterans; and Co-Founder of Veterans Advocate Group of America.

When the Law Firm Makes Mistakes on VA Claims

July 6, 2015

by Lawyers With Purpose with No Comment Estate Planning Drafting Software Legal Technical VA

I wish I could claim that I don’t make mistakes. I pride myself on my precision and attention to detail, so when I do make a mistake it pains me personally as well as professionally. However, mistakes do occur, especially when you are dealing with the amount of numerical data that your team does from identification numbers, dates, money figures, and account numbers, just to name a few.

I have experienced more than once the sinking feeling in my gut when I realize that I have committed an error. On two occasions, deadlines to file VA correspondence had passed – one was for filing an appeal and the other was for filing an initial application a month after the client expected us to. In each case, it cost the client money, which meant that it cost the firm money.

Dwelling on the mistake will only make it worse. After having realized that you made a mistake, what do you do next? Take these five steps!

Devise a solution(s)
Inform the attorney/supervisor
Inform the client
Implement the solution
Learn from the mistake

Devise a Solution

For some, the first instinct may be to try to fix or cover up the mistake. Let’s hope that is not you. The second inclination may be to rush directly to the attorney and confess. While there may be some situations when you should notify others in the firm immediately – for example, you neglected a deadline that is now four hours away – in most cases you should try to devise solutions to manage or overcome the error. If you cannot personally discern a viable solution, then at the very least pull pertinent documentation or regulations to present to the attorney when sharing the problem. Be aware that with some errors, there may be no solution other than to apologize and make it right with the client.

Inform the Attorney

After coming up with a solution or supportive documentation, it is a priority to inform the attorney or your supervisor. This is a difficult conversation to have. For guidance on how to initiate such a conversation, refer to another Lawyers with Purpose blog post, “A Tough Conversation”. Although this is not an easy conversation to have, it is crucial to remain as professional as possible and to focus on resolution. There will be plenty of time to cry about it at home, if necessary. It is important that the attorney knows that you take such occurrences as seriously as he/she does and that you are committed to making things right. The attorney may be livid at the situation, which can appear to be directed at you. The anger or frustration should be minimized if you come prepared with solutions.

Inform the Client

After the attorney has been able to problem solve, before taking any action, the client must be informed about the problem and any possible solutions or consequences. Depending on the type of error, the communication can be by email (i.e. we misspelled your father’s name on the VA application, we will send in a statement in support of claim to correct it); by phone (i.e. we didn’t file the application as soon as we told you we should, but we are filing it now); or by written correspondence in the mail (i.e. the appeal was due last week but we missed the deadline, so these are your options).

Implement the Solution

After the client has had an opportunity to respond, the next step is to implement the solution or action plan that was approved by the attorney and the client. Whatever the solution may be, act purposefully and diligently to implement it. You can tell a lot about a person’s character by the way they handle their mistakes.

Learn from the Mistake

Finally, you must LEARN from your mistakes. You may receive a note in your personnel file or even a reprimand. You may feel unfairly punished. Taking it personally will only paralyze you from moving forward. Be proactive and analyze why the mistake happened. Were your systems or processes not followed? Are there systems and processes that need to be added? Was someone not held accountable when they should have been? By determining why the mistake occurred, you can then proceed to figure out how not to repeat it. If you don’t take this final step, then you just made a bigger mistake than the one that started you down this path.

If you aren't a member and want to learn more about how Lawyers With Purpose can help you grow your existing estate or elder law practice into the practice of your dreams, join us on July 23rd for our Having The Time To Have It All webinar at 2 EST. Space is limited so make sure you mark your calendar and grab your spot today!

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and VA Production Coordinator for Lawyers With Purpose.

Bigstock--d-question-mark-on-white-back-62978239

VA Approval – Now What?

June 30, 2015

by Lawyers With Purpose with No Comment Legal Technical Systems & Processes VA

Congratulations! You received approval of your VA Pension with Aid and Attendance claim. Your job is done, right? Well, not quite.

Once you receive an approval letter, there are three steps your firm should follow: Review for accuracy, identify next action, and then inform your client of the results and what to do next.

Review for accuracy

Just because you have an approval does not mean there are no errors in the decision. The two main issues to check are (1) the effective date (payment start date) and (2) the monthly benefit amount. You should already have a pretty clear understanding of the eligibility date and the expected amount when you file the formal claim. The payment start date should be the first day of the month following the month in which you submitted the informal claim/intent to file or formal claim. For example, if an intent to file was submitted and received by the VA on May 20, 2015, then the eligibility date would be June 1, 2015. The monthly benefit amount, assuming that the financial information you had was accurate, is the Maximum Annual Pension Rate (divided by 12) minus Income for VA Purposes (IVAP). For example, the Maximum Annual Pension Rate (MAPR) for a married veteran who needs the aid and attendance of another person with activities of daily living is $2,120 per month. The gross income of the veteran and the spouse is $4,500 per month. After deducting the veteran’s assisted living facility costs of $5,000, the IVAP is $0. Thus, the difference between the monthly MAPR of $2,120 and $0 is $2,120 and the veteran would be paid the maximum.

When using the Lawyers with Purpose copyrighted VA Benefits Qualification Worksheet, these figures are automatically calculated for you. On the approval letter from the VA, this information is generally found on the first page in the form of a table. This table will have at least three columns for “Monthly Entitlement Amount,” “Payment Start Date,” and “Reason for Change,” and as many rows as there are changes in rate.

Identify next action

If there are errors, then you should identify the deadline for your response. Responses may include a Request for Reconsideration (RFR) and/or a Notice of Disagreement (NOD). You should also identify what further information you may need in order to document the grounds for your RFR or NOD. The NOD must be filed within one year of the date on the decision letter. More information regarding this process can be found in the blog post, “What To Do With A Denied VA Application – Part 2”

In contrast, there is no real deadline for the request for reconsideration, as it is not a formal VA adjudication process. The RFR is essentially the request that the original adjudicator reconsider his/her original decision because you can provide new information or enlightenment regarding previously submitted information that the VA failed to interpret per their regulations. It is always worth filing a request for reconsideration, even if you plan to file a Notice of Disagreement, because the former process is much quicker than the NOD route. If there are no errors in the approval, the next action may be simply to inform the client. However, the VA may propose a finding of incompetency on the basis of the physician’s statement (VA form 21-2680) provided with the claim. You will immediately know if there is an incompetency proposal because there will be two extra columns in the table already mentioned, titled “Amount Withheld” and “Amount Paid.” There is also an additional section in the letter called, “We Have Withheld Benefits.” Sometimes the VA includes a simple response form to complete and return, but even if it does not, you should respond by returning a 21-4138 Statement in Support of Claim that acknowledges and accepts the finding of incompetency and nominates a fiduciary, usually a family member.

Inform the client

Once you identify the next action, you must inform the client – preferably in writing – of the accuracy of the approval letter and explain the next step(s), if any. This can be as simple as confirming the approval and the monthly benefit amount. It should also explain when to expect the first monthly deposit as well as the receipt of any lump sum retroactive benefits. If applicable, you would also describe what to expect during the fiduciary process or appeal. Finally, be sure to be specific in any requests for further documentation to expedite data collection and your responsiveness to the VA. Getting an approved VA claim can be a challenge. You should celebrate each one! However, don’t overlook these three essential steps. Incorporate them into your firm’s processes. Congratulations!

If you would like to learn more about creating the estate or elder law practice of your dreams, join our webinar "Having The Time To Have It All" on July 23rd at 2 EST and learn about how Lawyers With Purpose can help get you there. Click here to register and reserve your spot today.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and VA Production Coordinator for Lawyers With Purpose.

Bigstock-Checklist-With-Green-Checkmark-89922218

VA Pension Claims: What to Include and Exclude

June 16, 2015

by Lawyers With Purpose with No Comment Estate Planning Drafting Software Legal Technical VA

A successful VA pension claim depends on the inclusion of the right VA forms as well as their correct completion. This is particularly important in the case of the Fully Developed Claim (FDC) Program, which is the relatively quicker claim adjudication process in comparison with the Standard Claim Process. However, how important are the lesser-discussed verification documents to a claim’s success? These supporting players may be more important than you realize.

To ensure consistency with files, we recommend that firms provide a checklist of necessary documents for each client to gather for review before each consultation. The requested items include biographical data, income and asset verification and current estate planning documents. The more complete the response is to this checklist, the more accurate and effective our evaluation and recommendations are to the client.

More importantly, however, is having the documentation to submit with a VA claim for pension with aid and attendance. Instructions on the VA Forms 21-527EZ and 21-534EZ stipulate, “submit simultaneously with your claim all necessary income and net-worth information." If you fail to submit the proper supporting documentation, the VA will delay or deny the claim. The instructions for these forms further state, "It is your responsibility to make sure we receive all requested records that are not in the possession of a Federal department or agency.”

One of the most important supporting documents is proof that the veteran was indeed a wartime veteran. The most common way of verifying this is by submitting the discharge paper, commonly the DD-214. In the absence of any formal record of service, you can use a “buddy affidavit,” in which a fellow service member attests to having served with the veteran. The VA should attempt to confirm service if you do not submit this documentation; however, it is incumbent upon you to do your best to provide this, as your claim will not proceed until this aspect of eligibility is confirmed.

Records documenting marital history also may cause issues when they are omitted. You should obtain marriage certificates, divorce decrees, and death certificates of all previous spouses for both the veteran and his or her spouse. The reason for this is that the VA must ensure it is paying the correct amount of monthly pension and that payment is going to a qualified beneficiary.

Knowing which documents to include is important. Just as important is knowing which documents NOT to include. The Improved Pension program with aid and attendance is “means” based, so it requires the applicant to meet certain income and asset limitations. We recommend that you provide verification of all income and assets from the date of eligibility (the effective date). The VA may only consider the claimant’s net worth and income as of the effective date, which is determined by when the claim was submitted, or when an intent to file a claim was submitted. Any financial documents pertaining to net worth or income prior to the effective date are irrelevant to the claim process, pursuant to Title 38 of the Code of Federal Regulations §3.400, which states, “Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.” In fact, the adjudication manual M21-1MR, Part V, iii, 1, E 33n, specifically states, “Do not count income received before the effective date of an original or reopened award. (For death pension cases, do not count income received between the effective date and the date of the veteran’s death.) The effective date is the date a claimant is entitled to benefits without regard to 38 CFR 3.31.” You can use the latter citation when responding to VA requests regarding the prior year’s income when it occurred before the effective date.

When completing an application for VA benefits, ensure that you do three things:

Use the correct forms.
Complete the forms correctly.
Provide all of the necessary verification documents.

Members! Don't forget we have VA Tech Training this Thursday, June 18th at 3 EST. To join this call on what’s new and improved in the June release of the LWP-CCS software contact Amanda Ross at aross@lawyerswithpurpose.com.

If you aren't a member and want to learn more about joining the Lawyers With Purpose community, contact Molly Hall at mhall@lawyerswithpurpose.com

Sabrina A. Scott, VA Production Coordinator, Lawyers with Purpose, LLC and Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC.

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; and Co-Founder of Lawyers with Purpose.

Informing The VA You Plan To File A Claim

May 26, 2015

by Lawyers With Purpose with No Comment Estate Planning Drafting Software Legal Marketing Legal Technical VA

I don’t think anyone really expected a great announcement from the VA on March 25, 2015, with the end of the 60-day public comment period on the proposed VA rule, RIN 2900-AO73, regarding net worth, asset transfers, and income exclusions for needs-based benefits. However on that day the VA did announce several changes effective March 24, 2015 that directly impact all claims. One of these changes was the amendment of the adjudication manual M21-1MR to introduce a new intent to file procedure which replaces the informal claim process to lock in an effective date for an Improved Pension claim (with aid and attendance) prior to the filing of the Fully Developed Claim.

The VA web page http://explore.va.gov/intent-to-file, as well as the March 2015 Fact sheet issued by the VA, explain that there are currently three ways to declare an intent to file a claim:

Electronically via eBenefits.
Completing and mailing the paper VA Form 21-0966, Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC.
Over the phone to the VA National Call Center or in person at a VA regional office.

eBenefits is accessed from the VA website via this page https://www.ebenefits.va.gov/ebenefits/apply, However the link for filing pension claims currently generates an error. The content is blocked in both Internet Explorer and Mozilla Firefox web browsers as an untrusted connection.

If you prefer to continue using a paper form to lock in an effective date, you are now required to use the VA form 21-0966. What happens if you filed an informal claim on or after March 24, 2015? Pursuant to M21-1MR, Part III, Subpart ii, Chapter 2, Section D, 2b, “Consider a request for benefits not filed on an appropriate prescribed form on or after March 24, 2015 a request for application.” The VA will respond to a request for application by sending correspondence that instructs the claimant which forms are needed to formalize the claim. Nevertheless no effective date will be locked in until a complete intent to file or a completed application is submitted. There is no recourse if the VA rejects an informal claim filed on or after March 24, 2015 as the final rule of 38 CFR Parts 3, 19, and 20 RIN 2900–AO81 “also eliminate the provisions of 38 CFR 3.157 which allowed various documents other than claims forms to constitute claims.”

The option of declaring an intent to file by telephone or in person at the VA regional office has the disadvantage of lack of documentation. Furthermore the average waiting time for calls to the VA National Call Center to be answered is over an hour and, thus, would not be an efficient use of your time to use this option. Thus for now if your firm chooses to lock in an effective date prior to the filing of the fully developed claim, you must use the second of the three options listed above. Our firm has changed our process to start using the form 21-0996 with all future VA claims. The new form will also be included in a future update of the Lawyers With Purpose software.

The easiest way to receive important notices directly from the VA is to subscribe to the email delivery of VA News Releases at https://public.govdelivery.com/accounts/USVA/subscriber/new or visit their website at www.va.gov.

There is still time to grab a seat for our 3.5 day Practice With Purpose Program in St. Louis next week! We'll be talking about Asset Protection, Medicaid and the following on VA Benefits planning:

Service Connected Benefits (Veterans & Widows/Dependents)
Non-Service Connected Benefits – Improved Pension, Housebound, Aid & Attendance
Asset Eligibility
Application Process
Correct Forms
Annual Reviews
Appeals Process
Representation and Marketing – Getting Veterans to March in Your Door

Click here to register and grab one of the few spots remaining.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Production Coordinator for Lawyers for Wartime Veterans, LLC.

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 for Wartime Veterans, Co-Founder of Veterans Advocate Group of America.

Bigstock-Black-Bomb-With-A-Burning-Fuse-49289681

Avoiding The Five Major Threats To IRA’s: Part 4

May 22, 2015

by David Zumpano with No Comment Asset Protection Estate Planning Drafting Software Legal Marketing Medicaid VA

As I have been discussing there are five threats to qualified accounts that most people don’t typically consider when doing estate planning. The five major threats to qualified plans are unexpected loss to income taxes, excise taxes, long-term care costs (all covered previously), estate taxes (today’s topic) and to beneficiaries and/or their creditors. As we’ve previously outlined, the threats of incomes taxes and excise taxes can easily be avoided if planned for, and the threat to long-term care costs can be planned for with the least risk by completing an IRA analysis to determine if an IRA should be liquidated or annuitized when the IRA owner becomes subject to long term care costs. When it comes to protecting qualified accounts from estate tax, it is more challenging.

If an individual dies with assets greater than $5,340,000.00 their estate is subject to a forty percent estate tax. When this occurs, the IRA (or other qualified asset) can be subject to more than seventy five percent in total taxes. How? Well assuming a $1 million IRA is part of a $7 million estate, the IRA will be subject to estate tax of forty percent ($400,000.00) and upon the liquidation of the IRA by the beneficiaries it could be taxed at a rate of up to thirty nine point six percent (39.6%), which results in an additional $396,000.00 in income tax if the beneficiary is in the highest income tax bracket. To add insult to injury, there is no deduction on the value of the estate tax return for the income tax due on the IRA. As if federal taxes were not enough, there can be state income taxes dues when the IRA is liquidated to pay the federal estate tax. It gets even worse if you live in a state that has an estate tax. A state estate tax is yet one more tax on top of the federal estate and income taxes, and state income taxes. Most states estate taxes are up to an additional sixteen percent. And so the question becomes, how do you protect qualified accounts from estate tax liabilities?

The answer is you really can’t, without first liquidating the IRA and paying the income tax (other than an annual $100,000.00 gift allowed to charity). So in order to protect IRA’s from federal and state estate taxes requires the reduction of a client’s non IRA estate during lifetime so the total estate evaluation does not exceed the estate tax limits. One strategy to do this is annual gifting, which can be effective, but often requires a significant number of beneficiaries to distribute the annual growth on an estate of that size. For example, if an individual had a $7 million estate and it grew at three percent the individual would have to give away $210,000.00 per year just to keep the estate from growing. That would require fifteen beneficiaries to distribute $14,000.00 to or eight beneficiaries if the client is married.

Another strategy to reduce estate taxes is to give away money to charity. An individual can have the ability to benefit charities and their family by use of various strategies which is outside the scope of this writing. A third way to reduce estate taxes is by using legal strategies to discount the value of assets by use of various tax planning techniques. Unfortunately none of these strategies work to reduce an IRA’s value other than outright gifting after withdrawal and the payment of income tax or use of the annual allowance for distributions from qualified account to charity. In summary, subjecting qualified accounts to estate taxes is a significant burden to the tax payer which only can be minimized by ensuring their non-qualified estate is reduced and moving to a state without income tax can reduce the income tax burden. Obviously qualified accounts are very appealing as they have tax referral advantages, but one must weigh the long term benefit of the difference with the tax cost upon receipt or death.

If you want to learn more about what it's like to be a Lawyers With Purpose member, join our 3.5 day Practice With Purpose Program (you can find the agenda here). We still have a few spots left so grab them now! It's a jam packed 3.5 days that include all the essentials on Asset Protection, Medicaid & VA for your estate or elder law practice.

David J. Zumpano, Esq, CPA, Co-founder Lawyers With Purpose, Founder and Senior Partner of Estate Planning Law Center

Knowing, Respecting, Honoring Veterans

May 7, 2015

by Lawyers With Purpose with No Comment Estate Planning Drafting Software Legal Technical VA

As the government benefits supervisor and paralegal for The Elder & Disability Law Firm of Victoria L. Collier, I work with both Medicaid applications and VA claims. However, VA cases dominate and easily outweigh Medicaid files in our outstanding caseload by a ratio of 4:1.

This may be due to Victoria’s being a wartime Veteran herself, her national recognition as the nation’s expert lawyer for VA Improved Pension with Aid and Attendance, or it may have to do with the length of time it takes to prosecute a VA claim until resolution. Regardless of the reason, I spend a great deal of time communicating with Veterans and their families and getting to know their personal history.

I often pore over military records for information – some of these so fragile that I fear making photocopies of them. Some Veterans keep meticulous records of their service and every administrative detail of their time in the military is recorded in documents that surely no one has looked at in years. Others have barely any record of their tour of duty at all and we must file a request for a copy of their discharge paperwork.

As I began to prepare for a trip to D.C recently, I automatically planned a trip to the National Mall, in particular the National World War II Memorial, Vietnam Veterans Memorial and the Korean War Veterans Memorial. I am a first-generation American of Argentine-born parents, neither of whom served in the American Armed Forces. My father did serve conscripted service in his home country and was told by his superiors that he was the worst soldier in the history of the Argentine army. However no one else in my immediate family has served. Then why is it so important to me that I visit these memorials on my trip?

It is important to me because of the Veterans that I have come to know and respect through my work. And by visiting these memorials, I can in some small way honor their service and that of their fallen comrades. But then I also remember sitting on bleachers on just about the hottest and most humid August day on Parris Island watching my nephew become a United States Marine and I have a son who may yet live to serve in our Armed Forces. Even to the contact that I have had with the many, many Veterans currently working at the Department of Veterans Affairs and who must routinely thank callers for the Veteran’s service. I must in turn thank them for their service in whatever way I can.

If you want to learn more about Veteran Benefits Planning, Asset Protection or Medicaid Planning, join us for the Estate Planning Industries Only Practice Enhancement Week in St. Louis, June 1st – 5th. There are still a few seats left so grab them before they're gone. Doors close in one week and we always sell out. If you're even thinking about showing up, click here to register now before seats are gone.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Production Coordinator for Lawyers for Wartime Veterans, LLC.

Veteran Benefits For Widows

April 27, 2015

by Lawyers With Purpose with No Comment Estate Planning Drafting Software VA

While the Veteran is often the focus when discussing Veterans Benefits, we must not forget the range of benefits available to surviving spouses of Veterans. Widows are entitled to an array of benefits, some commonly known and others more obscure. But, for almost every type of benefit discussed, the Veteran must be deceased. During a Veteran’s lifetime, there are no benefits payable to the spouse even though the latter’s existence as well as their medical expenses, income, and assets can positively or negatively impact the benefit for which the Veteran may qualify. For more information from the VA website: http://explore.va.gov/spouses-dependents-survivors.

Estate and Elder Care Planning attorneys are most familiar with the non-service-connected disability pension for surviving spouses also referred to as “death pension” or “widow’s pension” or “widow’s aid and attendance”. It is not necessary for a Veteran to have already filed a claim with the Veterans Administration or to have been in receipt of non-service-connected disability pension in order for a surviving spouse to file his or her own claim.

Claims Based on the Veterans Disability:

Notwithstanding, there are two particular scenarios that expand benefit options to spouses at the time of the Veteran’s death. First, if the Veteran had filed a fully-developed claim for pension that was still pending, a surviving spouse could file a substitution of claimant form in order to assume the Veteran’s claim. Second, if the Veteran had filed and been approved for pension, but had not yet received the funds, then the surviving spouse may file an accrued benefits claim to receive benefits that were due and payable to the Veteran at the time of his/her death.

The counterpart to the non-service-connected disability pension for surviving spouses when the Veteran has a service-connected disability is called Dependency and Indemnity Compensation (DIC). DIC is for surviving spouses and dependent children of Veterans who were disabled by an injury or illness that was incurred or aggravated during active military service. Claims for death pension, accrued benefits, and DIC are all filed by using the same VA form 21-534EZ. For this reason, the claimant often receives a determination for all three types of claims in the VA award letter even when intending to only apply for death pension. More information regarding DIC can be found at http://explore.va.gov/disability-compensation/spouses-dependents-survivors.

Burial Benefits:

Apart from these monthly benefits, there are one-time flat rate benefits that are available when a Veteran dies. These include a small burial allowance as well as additional allowances for interment and transportation and those amounts vary depending on whether the Veteran’s death was service-connected or not. In most cases, surviving spouses on record are paid the burial allowance automatically once the VA is notified of the Veteran’s death, but a claim must be filed to obtain the additional allowances. See http://explore.va.gov/memorial-benefits for more information regarding these benefits.

20/20/20 Rule:

Finally, the 20/20/20 rule entitles unmarried former spouses of Veterans to medical benefits and commissary and exchange privileges as long as they were married for at least 20 years, the Veteran served at least 20 years creditable in determining eligibility to retired pay, and the marriage overlapped the service period by 20 or more years. A former spouse who meets these requirements is known as a 20/20/20 former spouse. Former spouses may also qualify for the Survivor Benefit Plan (SBP) as long as they are not remarried before the age of 55. In fact, a former spouse may regain eligibility if the remarriage ended before the former spouse turns 55. A former spouse can be designated as a SBP beneficiary by court order or by a voluntary, written agreement with the Veteran. For more information go to http://www.militaryfamily.org/info-resources/marriagedivorce/benefits.html.

If you want to learn more about Lawyers With Purpose and how it can support you in your elder or estate planning practice, join us for our Practice Enhancement Week in St. Louis the 1st – 5th of June. You can check out the full agenda here. And if you have any questions at all, please contact mhall@lawyerswithpurpose.com.

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, Chair, National Academy of Elder Law Attorney’s VA Task Force, 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, LLC.

Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Production Coordinator for Lawyers for Wartime Veterans, LLC.

Bigstock-Denied-Stamp-On-Manila-Envelop-70093933

What To Do With A Denied VA Application – Part 2

March 31, 2015

by Lawyers With Purpose with No Comment Legal Technical VA

In a prior blog titled, “What To Do With A Denied VA Application – Part 1" I discussed what you should consider when a VA application is denied and the merit of pursuing an appeal despite the time it can take to prevail. Today’s blog will describe the appeal process as initiated by the Notice of Disagreement (NOD), the formal way to submit a claimant’s disagreement with a VA determination. While a Notice of Disagreement can be drafted in the form of a letter or on a 21-4138, “Statement in Support of a Claim,” there is an official VA 21-0958, “Notice of Disagreement” form that was introduced in 2013. The latest 2015 version of this form can be found at the VA Forms web page http://www.va.gov/vaforms/.

As of March 24, 2015, this form is required to appeal a Service Connected Disability claim, but it is not required to appeal a Non-Service Connected Disability claim. The terms of the form suggest that it is geared more towards service-connected disability claims; however, it can be used for non-service-connected disability claims as well.

Once you have timely filed the NOD, which is within one year from the date on the initial decision letter, the VA will respond with a letter requesting that you select what form of the appeal process you prefer. There are 2 forms of the appeal process at this stage: the Post Decision Review Process and the Traditional Appeal process. You must make this election within 60 days from the date on this letter or your appeal will default to the Traditional Appeal process. The Post Decision Review Process involves the assignment of a Decision Review Officer (DRO) at your regional VA office who will completely review the claims folder as well as any information from the authorized representative. The Traditional appeal process is a review by a VA staff member at the pension management center. In either case, more information may be requested. The Post Decision Review Process is the preferred appeals method as it make be quicker than the Traditional Appeal Process and relies on the greater expertise and experience of the Decision Review Officer to identify adjudication errors.

Regardless of which appeals process you elect, the next step would receiving either an approval or, if not approved, a Statement of the Case (SOC). The SOC is an often, lengthy statement summarizing the VA’s decision and the evidence on which the decision was based as well as providing relevant legal citations. To continue the appeal after receiving the SOC, you must file VA form 9, “Appeal to Board of Veterans’ Appeals” within 60 days from the date of the Statement of the Case. At this level you have the option of requesting a hearing before the BVA, although this will easily extend the processing of your appeal beyond 3 years to 5, or even 7, years depending on the form of hearing.

The appeal process is not difficult in terms of what you need to fill out and when you need to file it. The difficulty lies in managing a process where long periods of time are spent waiting for a response from the VA, punctuated by whirlwinds of activity when you must request and receive information and documentation from your client to draft and submit a response to the VA within a short period of time, regardless of what else may already be on your desk. That is why it is important that your client inform you of any correspondence that they may receive in case you do not receive a copy and that deadlines are scheduled in your firm management system so that they are not missed. Such precautions are the only way to increase the likelihood that your appeals will succeed.

If you want to learn more about Veteran Benefits Planning for you estate and elder law practice, join us June 1st – 3rd for our Practice With Purpose Program. It will teach you not just all you need to know about VA Benefits, but also Asset Protection Planning and Medicaid Planning!

If You Practice in Today's Estate Planning Environment, You Won't Want to Miss This!

Join some of your most successful and forward-thinking peers from around the country at this program where we will discuss, discover, and provide solutions for Asset Protection, Medicaid. & VA Benefits Planning. Register today to reserve you spot! This event will sell out.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Production Coordinator for Lawyers for Wartime Veterans, LLC.

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, Chair, National Academy of Elder Law Attorney’s VA Task Force, 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, LLC.

What To Do With A Denied VA Application – Part 1

March 30, 2015

by Lawyers With Purpose with No Comment VA

You gathered all the necessary supporting documents. You confirmed that your clients meets the income and asset eligibility limitations. You completed all the forms. You obtained all the necessary signatures. You have dotted every “i” and crossed every “t”. You have filed your fully-developed VA claim with the appropriate pension center and have confirmed receipt. Now you just sit back and wait for the approval letter and your client’s praises to rain down on you right? Most of the time, yes, but not always. It can be discouraging when you get a denial letter, especially when you know the claimant is eligible and should have been approved.

What’s the next step? First, read the reason given for the denial and determine whether it is accurate. Denials may be due to an error in adjudication, but they can also be legitimate denials based on unknown, additional income and/or assets. Once you determine that a denial is, in fact, in error, then an appeal is warranted even if they are notoriously lengthy ordeals stretching into 2 – 4 years. The first level of appeal in VA parlance is known as a Notice of Disagreement (NOD). You have one year from the date of the decision letter to file a notice of disagreement. There is no particular form for the NOD; a letter or filing VA Form 21-4138, Statement in Support of Claim, declaring that you are filing an NOD is sufficient.

There is however another, lesser-known step before the NOD and this is a Request for Reconsideration (RFR). A request for reconsideration involves new evidence or perhaps evidence already submitted but not considered by the VA. The objective is for the pension center to re-open the decided claim and reconsider their decision in the light of this new evidence. RFRs are generally processed much quicker than appeals as they stay in the pension center where the claim was originally adjudicated. Again, there is no particular form that is used for the RFR. A letter or statement on VA Form 21-4138 can be submitted requesting reconsideration along with the additional evidence that you would like the VA to reconsider. However the disadvantage of the RFR, is that if it does take more than a year for reconsideration, you miss the window of opportunity for filing the appeal. For this reason Victoria Collier, CELA, and co-founder of Lawyers With Purpose, recommends filing a statement that includes both an NOD and an RFR. Best case scenario: Your claim is reconsidered and corrected within a relatively quicker time frame. Worst case scenario: the NOD begins the appeal process. More details regarding the appeals process will be provided in a future blog titled, “VA Application DENIED – How You Should Appeal”.

Appeals take a while, but they are worth it when you have a legitimate claim. A recent example from The Elder & Disability Law Firm of Victoria L. Collier, PC makes this clear. The claimant in this case was a married vet who was approved for VA Improved Pension, but for less money than expected and warranted due to his deductible medical expenses. We filed a Notice of Disagreement and a Request for Reconsideration on September 13, 2011. The award, granting all benefits sought on appeal, was dated February 6, 2015 – more than 3 years later. A happy ending despite the time and trouble that the appeal can take.

If you want to learn more about VA Benefits Planning to build or enhance your existing estate or elder law practice join us for 2.5 days and learn all you need to know about Asset Protection, Medicaid & VA at our Practice With Purpose Program. If you practice in today's estate panning environment, you do not want to miss this!

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, Chair, National Academy of Elder Law Attorney’s VA Task Force, 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, LLC.