Posts in category: VA

As many of you know, one of NAELA’s top public policy priorities for the 113th Congress is to advocate on the behalf of veterans against cutbacks of eligibility and restrictions of services. Last year, NAELA formed a Veterans Task Force led by Dawn Weekly and Victoria Collier to monitor the Veterans Pension Protection Act (S.748 and H.R. 2341), a bill that would institute a three-year look-back for veterans Aid and Attendance benefits.

NAELA’s Veterans Task Force provided the Senate V.A. Committee with suggestions on how to improve the bill and the accreditation process to better protect veterans. Read NAELA’s written testimony to the Senate V.A. Committee here: http://www.naela.org/NAELADocs/PDF/Advocacy%20Tab/NAELASenateCommittee-VATestimony.pdf

NAELA staff (Brian and Sadia) have had continued discussions with Senate V.A. Committee staff on this bill. It is currently our understanding that Senator Sanders has agreed to include some of NAELA’s suggestions to improve the bill, including language for partial returns, correcting a portion of the surviving spouse inequity (veterans penalty should no longer carry over to the spouse if veteran dies), and adding provisions to strengthen undue hardship protections.

The Veterans Pension Protection Act was included in a markup package that occurred on Wednesday, July 24th in the Senate V.A. Committee. The bill was merged with another bill (S.944; Veterans’ Educational Transition Act of 2013). The new bill language has not yet been made public and NAELA staff will review and share the language with the Veterans Task Force as soon as it is made available.

NAELA staff has also been working with veterans groups on the Veterans Pension Protection Act. NAELA shared draft language with the House majority staff to include protections for transfers to special needs trusts in the bill language. In addition, NAELA has suggested that the House VA staff consider the other NAELA proposal we have recommended to the Senate.

The Veterans Pension Protection Act was marked up in the House Disability Assistance and Memorial Affairs subcommittee (and is now H.R. 2423). The House full VA Committee marked up the bill today, Thursday, August 1st. We will provide an update as soon as information on the markups are available.

If you are interested in learning about Lawyers With Purpose and want to see what we have to offer, register to attend our Asset Protection, Medicaid and VA Summit, September 12-13 in Phoenix, AZ. Register now to take advantage of early bird pricing.

The Wartime Pension is paid to veterans or widows of veterans who served in the military during a wartime period, are 65 years or older or disabled, and who meet certain income and net worth limitations.

The claimant’s house is considered “exempt” toward the net worth allowance. But, how does the VA treat reverse mortgages? Is it income? Does it add to net worth?

The reverse mortgage program is intended to keep seniors in their homes, by using the equity in their homes, who otherwise would not be able to afford to do so (Home Equity Conversion Mortgage by the FHA). Often, the residence is the largest asset a senior has. Many seniors take a line of credit against their house in order to pay for medicine, home health care, and regular daily living expenses. The consequence of a line of credit is that the person still has to pay it back each month, which has exacerbated their cash flow problem. One advantage of the reverse mortgage is that recipients do not have to pay back the loan until they either move out of the property or they die.

There are four ways to receive payment from a reverse mortgage.

1. Monthly annuity payments for a time certain.
2. Monthly annuity payments for life.
3. Line of credit – pull as you go.
4. Lump sum payment.

With regard to income, the first two options provide an income stream. However, this is not taxable income. Thus, it follows that it is not considered income for VA Improved Pension (with Aid and Attendance) either. All four options are considered by the VA as a conversion of a resource, not “income” for eligibility purposes for the pension.

VA, similar to Medicaid, will treat the proceeds received as a countable resource. Thus, pulling out large amounts in the line of credit option or the lump sum payment will count against the permissible net worth limitations. Moreover, monthly payments under either annuity option, if not spent, can accumulate and negative affect net worth calculations.

Therefore, when deciding whether a client would benefit from a reverse mortgage, it is important to consider which payout method makes the most sense and then strategically plan for the situation. For more information about reverse mortgages, go to: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hecm/rmtopten

To learn more about VA Benefits and Medicaid, if you are not a member of Lawyers with Purpose, LLC, join us at the Asset Protection, Medicaid and VA Summit September 12-13 in Phoenix, AZ. Seats are filling fast and we have limited space so register now if you’re even considering this opportunity!

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.

Victoria L. Collier, CELA, will be presenting the effects of the Supreme Court’s decision on DOMA, specifically related to veterans and their spouses.

This special member webinar takes place this Wednesday! Please be sure to join us and register now.

Same-Sex Married Veterans and the Demise of DOMA: What Does it Mean for our Clients?

Wed, Jul 17, 2013 1:00 PM – 2:00 PM EDT

Registration Web Link: https://www3.gotomeeting.com/register/930057150

Our very own, Victoria L. Collier, will be presenting the effects of the Supreme Court’s decision on DOMA, specifically related to veterans, for the National Academy of Elder Law Attorneys, on July 10, 2013, at 3:00 EST.

Other panelists include Cynthia L. Barrett, David Lillesand, and Rene H. Reixach, Jr. who will be discussing the impact on Medicaid, Social Security and SSI.

This webinar is free to NAELA Members and you can register using the link below: http://www.naela.org/store/SearchResults.aspx?EventType=WEB

The Supreme Court’s decision that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional opens the door for military members and their same-sex spouses to get all the same benefits as heterosexuals who are married, regardless of where the couple lives as long as the marriage took place in a state that recognizes gay marriage.

THAT IS NOT THE CASE FOR VETERANS. VA regulations specify that the marriage to a veteran must be valid. To determine validity, the VA considers:

1. The law of the state where the couple resides;
2. Where they resided at the time of the marriage; or
3. Where they resided when the right to VA benefits arose.

The District of Columbia and ten states that sanctify same-sex marriages include: Connecticut, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Vermont and Washington. Delaware will allow them beginning July 1st and Minnesota will on August 1st. Because of the Supreme Court’s decision not to hear California’s Proposition 8 case, California gay residents can again get married. (We need some “warm” states to adopt same-sex marriage!).

Scenario One: I live in Georgia where gay marriage is not recognized and we have a state constitutional amendment specifically prohibiting it. Based on the three ways listed above as to how the VA determines a valid marriage, if I were to go to New York or any of the other states that permit gay marriage, my spouse and I would still not receive any additional veterans benefits due to our status as being married. It would not be recognized by the VA.

However, there is hope to get benefits under provision number three, “where they resided when the right to VA benefits arose” IF we later move to a state that recognizes gay marriage and then the right to VA benefits arose (i.e. I become elderly and in need of wartime pension with Aid and Attendance). The question is, does the VA get to choose which of the three options of validity apply or is it that if you meet any of the three the marriage is valid?

Scenario Two: A same-sex couple lives in Maine and gets married in Maine. They later move to Texas. Maine allows gay marriage. Thus, when the veteran or the surviving spouse, who now live in Texas, need VA benefits, either of them should be able to receive it in Texas, even though Texas does not recognize same-sex marriage.

The VA laws do specifically state that marriage is between a man and a woman, in accordance with DOMA. But, since this provision of DOMA has been deemed unconstitutional, it follows that this provision in the VA law must be unconstitutional and will need to be repealed.

The discriminatory disparity between current military members being able to get married, regardless of where they live, and still get all marriage equality rights; whereas, veterans are not able to do the same is an issue of equality sure to be litigated. Moreover, the fact that some veterans will get benefits just because they lived in the right state at the right time and others won’t because they lived in the wrong state at the wrong time, violates both the Equal Protection Clause and the Due Process Clause of the United States Constitution, and will certainly be litigated.

While the unconstitutionality of Section 3 of DOMA was a huge win for equality for gays, specifically for current military members, the victory and benefits of its repeal do not extend to all same sex couples equally. It is only a beginning of change and more is certain to come over the next few years. This will create the need for more and more attorneys to be aware of the changes and how they can best advise their clients with regard to benefits available to them.

If you are not currently an LWP member, and have considered – or are interested in discovering what we offer for asset protection, Medicaid & VA click here for information on our two day summit in Phoenix, AZ.

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

Red, White and Blue. The colors of the United States flag. The flag flies at every government building, to include post offices. It flies at many private businesses. And, on Memorial Day, Fourth of July, and Veterans Day, you will see the flag displayed at numerous households. Americans are very proud of their flag, the universal symbol of our great nation.

Unfortunately, many proud Americans do not know the proper etiquette when flying the flag. Displaying a flag when torn, at night without a spot light, or hanging in the wrong direction, is actually disrespectful to our flag – the opposite of the intent of the person displaying it.

Federal law stipulates many aspects of flag etiquette, to include:

• The flag should be lighted at all times, either by sunlight or by an appropriate light source.
• The flag should be flown in fair weather, unless the flag is designed for inclement weather use.
• The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.
• The flag should not be used for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.
• The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use.
• Advertising signs should not be attached to the staff or halyard.
• The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.
• The flag should never have any mark, insignia, letter, word, number, figure, or drawing of any kind placed on it, or attached to it.
• The flag should never be used for receiving, holding, carrying, or delivering anything.
• When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously.
• The flag should be cleaned and mended when necessary.
• When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner.

The above information is found at: http://www.usa-flag-site.org/etiquette.shtml.

When a flag must be disposed of, there are proper procedures for this as well. The flag should be folded in its customary manner.

• It is important that the fire be fairly large and of sufficient intensity to ensure complete burning of the flag.
• Place the flag on the fire.
• The individual(s) can come to attention, salute the flag, recite the Pledge of Allegiance and have a brief period of silent reflection.
• After the flag is completely consumed, the fire should then be safely extinguished and the ashes buried.
• Please make sure you are conforming to local/state fire codes or ordinances. For assistance is proper disposal of the flag, you may contact your local VFW Post. For more information, go to: http://www.vfw.org/Community/Flag-Education/

Now that you know, make sure that when you proudly fly the United States Flag, that you do it within the Flag Code, showing all due respect. June 14th is Flag Day, the perfect day to show your colors!

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

Memorial Day means something different to each of us. The holiday itself was created after the Civil War in remembrance of the military men and women who died while serving in the Armed Services. This is a distinction from Armed Services Day, also in May, which recognizes those individuals who are currently alive and serving in the military and from Veteran’s Day which honors everyone who has previously served in the military, both dead and still alive.

Today, many people cherish Memorial Day because it is a three day weekend that connotes summer begins. For others, it means school is out. Time to go to the beach. Time to hit the malls for the weekend deals.

Time to spend with family. When spending time with family, especially older parents who we have not seen in a while, it reminds us we are not getting any younger. We may also notice a change in our parents’ abilities or behaviors. Sure, dad may be able to tell you stories of when he was in WWII or Korea, but can’t remember that he just asked you the same question four times.

In the film, Memorial Day, released in 2012, a 13 year old boy finds his grandpa’s WWII footlocker. The writers successfully use flashbacks and flash forwards to parallel grandpa’s experience with the boy’s future military experience in Iraq. How can you use this weekend to reflect back, memorialize the experience of those who have come and gone before you, and look forward to ensure your life continues or becomes what you want it to be? Watching the movie with the whole family this weekend may be a special way kick off the Memorial Day celebrations.

As Lawyers With Purpose who have the benefit of counseling with family of military service members who have died while serving their country, we have the unique ability to share information about the benefits available to widows of wartime veterans. Together, through the sharing of stories and possibilities, we keep the veteran and his or her legacy alive. Who will you be remembering this weekend? How have they impacted your life?

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