VA Benefits Attorney in Ormond Beach & Palm Coast, FL
Legal Support for Veterans: A Firm You Can Trust.
You’ve served, protected, and fought for our country. Now, it’s time for someone to fight for you to receive the benefits you deserve. The veteran’s Aide and Attendance lawyers at Selis Law Firm specialize in helping veterans and their families throughout Florida navigate the complexities of qualifying, applying for, and receiving Veterans Benefits. Our skilled and compassionate legal team, led by Scott A. Selis, understands the nuances of the veteran’s Aide & Attendance system and can reduce your risk of complications or mistakes that could delay benefits or result in a denied application or claim. Call us now to schedule a consultation with our VA benefits attorney in Ormond Beach, FL, and Palm Coast, FL.
What Is a VA Benefits Attorney?
Planning for the cost of long-term care can be confusing and overwhelming. In Florida, long-term care costs are rising, and many people can’t afford to pay for an assisted living facility or home care. However, the government has created a program that provides financial assistance for medical costs and long-term care costs to those who have served our country. A VA benefits attorney is a qualified professional who can help you navigate the process of determining eligibility for and applying for these benefits from the U.S. Department of Veterans Affairs.
Why Hire an Attorney for Veterans and Elder Care Legal Services?
When you hire an attorney for veterans and elder care legal services, they can make the process of applying for VA Aide & Attendant care benefits less stressful, confusing, or overwhelming. A VA Aide & Attendant care benefits attorney can:
- Help you avoid common mistakes or missing information that could delay your benefits or result in a denied application or claim
- Preserve your rights throughout the process
- Address errors made by the VA office
- Gather documents, information, and evidence to support your application or claim
- Write legal arguments or clarify issues if there is a problem
- Determining eligibility for VA Aide and Attendant Care Benefits
- Help you navigate the process of applying for benefits and ensure all necessary documentation and paperwork are submitted
- Help you handle application or claim rejections and navigate the appeals process
- Work with a qualified physician to assess your activities of daily living
Understanding Eligibility for VA Elder Care Benefits (Aide and Attendant Care Benefits)
The wartime veteran’s pension benefit is a tax-free payout to veterans and their spouses. It’s designed to provide financial assistance to veterans who served during specific wartime periods, even if they didn’t see combat directly. However, the eligibility and application process can be challenging for veterans and their families. Our legal team will guide you through the eligibility process to see if you qualify based on your service dates, length of service, discharge status, current health, and other factors to maximize your benefit amount.
Once we determine your eligibility, we will submit the necessary documentation to ensure you get the financial support you need. Don’t undertake this time-consuming and frustrating process without the help of a skilled veteran’s Aide and Attendance lawyer.
Wartime Pension, Aide & Attendance, and Housebound Benefits Explained
For many veterans and their families, VA pensions and supplemental benefits such as Aide and Attendance and Housebound allowances provide much-needed financial relief in retirement. Importantly, each of these programs comes with distinct eligibility rules, medical requirements, and application procedures that can be confusing without the guidance of legal support.
Key details about these benefits include:
- Wartime Pension (38 U.S.C. § 1521): This non-service-connected pension offers monthly financial assistance to wartime veterans with limited income and assets. Eligibility requires at least 90 days of active duty, including at least one day during a wartime period, and an honorable or general discharge.
- Aide and Attendance (A&A): This benefit supplements the basic pension for veterans who require assistance with daily activities, such as bathing, dressing, and eating. It may also apply to those who are bedridden or require home care.
- Housebound Benefits: Veterans who are substantially confined to their homes due to a permanent disability may qualify for this additional monthly payment.
- Fla. Stat. § 292.05: This statute outlines the duties of the Florida Department of Veterans’ Affairs, which assists in connecting veterans with these federal benefits and ensures they are applied consistently within the state.
- Pension vs. Compensation: It’s essential to understand the difference between a VA pension (based on financial need) and a VA compensation (based on a service-connected disability). Applying for the correct benefit ensures a smoother process and better financial outcomes.
Coordinating VA Benefits With Medicaid and Long-Term Care Planning
Veterans eligible for VA benefits often also qualify for Medicaid, but poor coordination between the two can lead to disqualification from one or both programs. Effective planning helps you structure benefits in a way that complies with both VA and Medicaid rules.
Important integration strategies include:
- Asset Structuring: VA pensions have income and asset thresholds. Transferring or sheltering assets for Medicaid purposes may inadvertently affect VA eligibility if not properly planned.
- Medical Eligibility Overlap: Aide and Attendance and Medicaid long-term care both require a level of care assessment. Aligning documentation helps meet the criteria for both without delay.
- Medicaid Spend-Down Timing: Strategically utilizing VA income to pay for care or necessities can help individuals reach Medicaid eligibility without triggering penalties.
- Avoiding Double-Dipping: Although receiving both benefits is allowed, you must avoid excess payments that violate Medicaid’s income cap, possibly resulting in the need for a “Qualified Income Trust” to maintain Medicaid eligibility. A VA-accredited attorney ensures compliance with both systems.
Veterans who require assistance with daily activities such as dressing, bathing, or preparing meals due to aging or a disability may be eligible for VA Aide and Attendance benefits. This benefit can supplement your pension amount to enhance your quality of life and allow you to continue living independently. Our team has successfully filed many Aide and Attendance benefits applications. Our knowledge and skills enable us to streamline the process, so you get the benefits you need now. You may qualify if you experience any of the following:
- You require extra assistance when performing routine tasks, such as bathing, eating, or dressing.
- You’re suffering from an illness that requires you to spend most of the day in bed.
- You’ve been placed in an assisted living facility or are receiving home care due to a physical or mental disability.
- You have 5/200 eyesight or less in both eyes, even when wearing glasses or contacts, or your field of vision is five degrees or less.
Appealing a VA Claim Denial
The VA appeals process can be lengthy and frustrating without the right support. Many veterans are denied benefits due to paperwork errors, missed deadlines, or inadequate documentation, not because they were truly ineligible. Having a knowledgeable attorney significantly improves your chances of success.
What you need to know about appeals:
- Supplemental Claims: If you’ve gathered new, relevant evidence since your initial application was denied, you can file a supplemental claim.
- Timelines and Deadlines: Each appeal path has a different deadline. Missing one could result in having to start the process over.
- Common Errors to Avoid: Submitting incomplete forms, failing to respond to VA correspondence, and misunderstanding eligibility rules are all fixable issues with professional help.
Explore Our Other Elder Law Services in Florida
In addition to helping clients secure veterans’ benefits for elderly care, we offer other elder law services in Florida. Call us now to schedule a consultation for any of our other services:
Estate planning for blended families
Medicaid planning and crisis services
FAQ: VA Elder Benefits and the Application Process
Schedule a Consultation With Our VA Disability Benefits Attorney
At Selis Law Firm, our veterans’ Aid and Attendance lawyer provides our clients with comprehensive elder law, estate planning, and probate services throughout Florida. If you or a loved one is having trouble navigating the process of applying for VA elder care benefits (Aide & Attendant Care), our skilled and compassionate legal team can help. We can help you better understand your eligibility for VA benefits, gather documentation and information for the application process, and apply for veterans’ benefits for elderly care and other needs. We can also help you handle rejected or denied applications or claims and file appeals. Call us now or contact us online to schedule a consultation with our VA disability benefits attorney in Ormond Beach, FL, or Palm Coast, FL.
Your Local Attorney for Elder Law