Many Veterans (or the widows of war-time Veterans) who receive Aid & Attendance benefits also need Medicaid. A Veteran and his/her spouse can receive both the Aid & Attendance benefit and Medicaid, so long as there are out of pocket payments toward care costs which consume a large percentage of the Veteran’s income. This rule applies when a Veteran is receiving care in his own home and pays for private caregivers, etc. in addition to benefits provided by NJ Medicaid; and it is also true when a Veteran is in an assisted living facility and pays a share of its cost which exceeds his monthly income even after Medicaid pays its contracted rate to the facility.
Eligibility for both Medicaid and VA Aid & Attendance benefits is available even if a Veteran is in a skilled care facility, although it is rare for a Veteran to have both Aid & Attendance and Medicaid while in a nursing home because most of the time there are no out of pocket care expenses.
Since eligibility for Medicaid benefits will reduce the Veteran’s out-of-pocket medical expenses, failing to notify the VA can have consequences to the Veteran for failing to do so. The Veteran is guilty of receiving a benefit for which he or she is not eligible; and the Veteran can be responsible for an over payment demand from the Veterans Administration. It is the Veteran’s responsibility to contact the Veterans Administration to advise it that he is only eligible for $90 or no benefit at all.
Most Veterans need to notify the VA repeatedly when the full benefit payment continues to come in and not switched over to the $90. This is even more distressing when the Medicaid office continues to count the VA benefit as part of the required co-pay to the nursing home.
The VA recently changed how A Veteran must notify it that he should no longer receive a full benefit payment. There are 3 new forms which are required to be completed. If you have this problem or have questions about the special $90 benefit, let us assist you in making sure you are doing all you can to protect yourself.
If you are looking for additional details on this topic or if you require advice about your situation, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at firstname.lastname@example.org. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Veterans Attorney