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Qualifying for VA Aid and Attendance to help pay for Assisted Care. For people that make more than the VA thinks you should I am told they can place the 401K into an annuity and bank accounts into another annuity to get below the VA limit of $40000 annually. Never done this.


I am wondering if someone her has done this? I have spoken to an Elder Law attorney and his estimated cost is $7500 to process everything.

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jjariz that is why I am asking as there is a difference between someone with only $40000 in assets versus someone with $400000 in assets. The no fee paperwork or help would apply to $40K but not the other I believe.
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Several of the Veteran's organizations are skilled with handling A&A applications. And they don't charge a fee. However, with assets as much as $600k, be careful about making financial decisions for the express purpose of qualifying for A&A. Not saying it's the wrong thing to do; just be careful.
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For those who've gone thru the process, how does it (and the restructured assets) affect the Medicaid application process and eligibility if they need it in the future?
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Looking for answers from Elder Law attorney if there is any on this site. Due to the VA's income/asset threshold to receive VA Aid and Attendance it appears if the service member's income or assets are too high they need to be restructured into annuities in order to get his income low enough to qualify for the $1794 per month assistance. I am told his 401K and bank accounts would need to be rolled over to annuities in order for him to qualify and the cost to do all of the paperwork is between $7000 and $8000. Quoted by two different Elder Law attorneys in GA. Is this typically how it is done or are there other options?
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Test, sorry you weren't treated better by the rep. But I think it probably varies by area.

I think the $40K max might be a certain area as well, as last time I checked it was $80K for our area.

You might be able to find more information specific to your situation on the VA website.
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I sat down with the VA's representative and all he had to say was my father made too much money. He gave no other options and was sort of like the Soup Nazi "NEXT".



I am told the VA cut off for allowable assets is $40000 in order to be eligible for this benefit. I think the amount of paperwork, effort and costs depends on the person's assets and income. I assume it is cheaper to get a Vet making 35000 a year qualified than one who has assets of $600000. Money has to be shuffled around and changed into an income stream. That's what I am being told. I have spoken to two different Elder Law attorney's and was quoted the same price. Not sure and doing more research.
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I just completed the VA aid and attendance paperwork for my father-in-law, and we used a VA specialty Attorney, who does nothing but A&A fillings. They charged us a flat fee of $700, and guaranteed that they would deal with the VA in any which way for the rest of my FIL's lifetime, should there be any need of future correspondence.

After filling out the ppwk, known as a FDC (a Fully Developed Claim), the attorney put it into a VA approved document, that was pushed through in less than 7 weeks. My FIL recieved 2 months back payments of ($1,794 the maximum allowed), to the date we filed, and then 1 payment prior to his death. Had he lived, the payments would have continued for the rest of his life and did, but sadly, his life was cut down by Cancer.

I was lucky in that he had all of his Navy discharge ppwk, his Birth Certificate, and of course his financial records in good order, which made the process fairly painless, but still a lot of work to get it all together, but the 700 dollars seemed a fair price to pay to have it all done up nice, and they did deliver on their promises! They initially told us it would take about 3 months, and had it done in less time than that, so my FIL was pretty tickled that he finally got something out of all those years of being a Veteran!

I'd recommend you visit vavets.gov, as there is a lot of useful information there, and they can tell you where to get FREE assistance in preparing the ppwk. I just happen to be impatient, and wanted to have the backing of the VA Attorneys office for long term help, should we need it in the future. I was given the reputable information from his Assisted living place, and felt it was worth the money, but not Thousand and Thousands worth! Be Careful, as you can do this on your own, with guidance, and for Free.
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Test, I'm not sure about the 401K being placed into an annuity, and that raises issues as to your age, health, terms of the annuity, early withdrawal penalties, etc. You might need legal counsel for this aspect, but for this aspect only.

However, I want to caution you that $7500 to process an application for "everything" is not only inappropriate; it's my understanding that it's illegal to charge for preparation and processing of claims applications.

You can get a VA service officer to do this for free, and they're more skilled and knowledgeable about handling VA benefit applications.

Contact your local VA, state or federal VA service officers agency and ask for their assistance.
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