Alois Alzheimer was credited with identifying the disease first, and that case was a woman who was 51 years old.  The youngest I have ever known personally was age 54 when I met her, though she had been diagnosed a few years earlier.  I personally have worked with many people in their 50’s and 60’s with Alzheimer’s disease or a related dementia – and remember, dementia isn’t always Alzheimer’s disease.  Sometimes it’s caused by Huntington’s, Frontotemporal Lobe damage, or Lewy Body Disease, which are all often mistaken as Alzheimer’s, though doctors are now pretty adept at identifying the differences and not just lumping them into the Alzheimer’s category.

I like to focus on helping caregivers enjoy the time they have with their loved ones who have the disease and protect their assets so they live the rest of their lives with dignity.  We can’t spend our lives worrying about what might happen, but we do have the choice to respond positively when something like this does happen. However, it is quite important to physicians, as there are differing medications that can make a significant impact in a person’s medical treatment.  What is very important is to know that a person with Alzheimer’s is still a person, and you can still have a relationship with them regardless of their age or disability.  In addition, it is very important as a concerned party that you take care of yourself – and one of the best ways to do that is to get involved in a caregiver support group. If you’re looking for a support group, give my office a call at (800) 939-9093… we can help get you in touch with the right people to take care of yourself.

Also, check out our “Alzheimer’s Resource Center”  great information and better yet it is FREE to you or anyone else. Just click this link www.DallasMemoryLawyer.com put in you name and e-mail address in order to get instant access to this tremendous resource for caregivers, both professional and family.

It will help give a better understanding of how to better care for your loved one.

You can also go to www.TexasElderLawAttorney.com for additional information.  Should you have any questions please give us a call at 1-800-939-9093.

The good news is that there is a little-known VA benefit that can help you get the care you need without using up all of your hard-earned savings.

Hi, I am Elder Law Attorney Richard Barron, and I have spent countless hours helping people in our area receive quality health care while legally protecting their family’s assets.

It never ceases to amaze me when I talk to the families of veterans how little they understand the VA’s benefit programs that are available to those honorably discharged veterans who are over 65 and are struggling with the cost of their care.

If you or a member of your family is an honorably discharged veteran who served at least one day during a period of wartime (the definition of “wartime” may be broader than you think), and if you are in an assisted living facility or are spending several hundred dollars a month or more on the cost of your health care, then you may qualify for benefits under the

VA Aid and Attendance Pension Program

To learn more about the benefits you may be missing out on, I would like to offer you a FREE Veterans Workshop designed for Veterans, Single Surviving Spouse of a Veteran, the Family of the Veteran, and friends of Veterans on

Tuesday January  31, 2012, from 5:30 to 7:00 PM

1400 Preston Rd. Suite 400

Plano, Texas

Here are Just Some of the Secrets I Reveal in this FREE Workshop…

• How you may qualify for a benefit of up to $2,019/month
• How the widow of a veteran may qualify for a benefit of up to $1,094/month
  
• The asset and income limitations that you must meet in order to become eligible
• Plus, you’ll learn how to protect your eligibility for Medicaid, should you need long-term nursing home care

Ready to Learn More?

Than reserve you seat now, seating is limited and is on a first-come, first-served basis,

so call us at 1-800-939-9093

and bring a family member or friend,

but you have to call us and reserve your seats today! www.TexasElderLawAttorney.com

The Eligibility Verification Report is an annual report due no later than March 1st of each year for beneficiaries who are receiving the Improved Pension commonly referred to as  Aid & Attendance.

Because eligibility for this program is based on disability status and financial criteria, the VA must ensure that the beneficiary remains eligible from year to year.

The EVR provides a report of actual income and dependency status in order to verify that the payment the beneficiary is receiving is correct.

What are the required forms to complete and return to the VA?

The VA will send the required forms to the beneficiary in late December or early January. One of the following forms should be completed, based on the type of beneficiary:

21-0510 EVR Instructions

21-0516-1 Improved Pension EVR (veteran without children)

21-0517-1 Improved Pension EVR (veteran with children)

21-0518-1 Improved Pension EVR (surviving spouse without children)

21-0519s-1 Improved Pension EVR (surviving spouse with children)

In addition to the forms, the beneficiary must also complete a Medical Expense Report on VA Form 21P-8416

(NOTE: THIS FORM WAS UPDATED DECEMBER 2011). This form must be completed twice. The first one is to report actual medical expenses paid out of pocket by the beneficiary during the EVR reporting period. The second one is for the beneficiary to report the next 12 month’s projected medical expenses. This form must also be signed by the beneficiary or the fiduciary if one has been appointed.

Is Anyone Exempt from Filing an EVR?

Annual EVRs are not required for Improved Pension recipients who have no countable income, or whose only countable income is from VA or Social Security. However, filing an EVR may be helpful even in this situation if the beneficiary is not receiving the maximum VA pension due to the amount of medical expenses projected at the beginning of the year. If the medical expenses increased throughout the year, or if the beneficiary paid out of pocket for medical expenses that are not considered “recurring” (i.e. doctor co-pays, prescriptions, travel expenses, hearing aids, expenses related to burial of spouse or dependent child, etc.), then these expenses can be reported on the EVR and the VA will recalculate what the monthly pension should have been. If the pension amount for prior months should have been higher based on the medical expenses reported in the EVR, the VA will pay a lump sum payment to the beneficiary for the appropriate amount.

Termination of Benefits.

If a person does not return the EVR, benefits will be terminated as of the beginning of the EVR reporting period. Because of that, the beneficiary will receive notice that the VA overpaid them and, thus, they will owe the money they received back to the VA. Most are usually not able to return the money because it has been spent on their high cost of medical care. It is essential that the EVR is returned by March 1st, that it is completed accurately, and that it is signed by either the beneficiary of the benefits or by the fiduciary if one has been appointed.

Barron Law Firm

Phone: 800-939-9093

Frequently Asked Questions and Answers

Do I Have to be Already Living in an Assisted Living Community Before I Apply?

• No, it is not necessary to be living in assisted living in order to apply for VA benefits; however, if you are in need of personal assistance, the entire cost of assisted living helps to qualify you for benefits, but you must be a current resident to submit these expenses as a deduction off income.

Who Can Help Me Fill Out the Forms?

• Any private individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person.  A VA accredited Agent, such as your local State Veterans Office, VFW, or American Legion may help you, as well as any Attorney.  NO-ONE may charge you for helping you prepare or present the VA application forms, but you should be sure that the person understands VA.

What are the Advantages of Having an Attorney Assist Me?

• An attorney may assist you with much more than just the VA application, such as making sure that all of your assets are in order to help prevent a denial of your claim and with other paperwork that might be needed to help prove your claim.  In addition, the attorney must be certified through the VA and as such, can represent you before the VA if your claim is denied or if the award is incorrect.

How Long Does It Take to Find Out if I am Eligible?

• An attorney should be able to give you an idea of your qualification within thirty minutes; however, in order to be absolutely certain that you qualify, the attorney would need to review all of you financial, personal, military, and medical records.

How Long Does It Take for Me to Get My First Check?

• Once an application is turned into the VA, it can take anywhere from five to eight months on average to get your check if you are approved for benefits.  If you have dementia or other memory loss issues, the VA will insist on meeting you and a family member before sending you a check, so your claim may take six to twelve months to settle.

Does the Money Come to Me or Straight to the Assisted Living Facility?

• All benefits are paid to the claimant and not to any facility.

Can I Have It Wired Directly Into My Bank Account?

• Yes, the VA actually prefers to have all checks directly deposited into a bank account.  If you have memory loss issues, the VA will insist on a direct deposit.

Is It Retroactive Back to When I First Applied or Does It Start the Day/Month I Get Approved?

• Benefits are retroactive from the first day of the next month after the VA receives your application OR your first notice that you are filing an application.  An attorney can help you preserve this Informal Award Date.

In order for the benefits to be retroactive, you must live at least thirty-one days from the date that the VA received your application or Informal Request.  In addition: if you are filing an Informal Request, you must be alive when the rest of the application is submitted and you have one year from the date of the Request to get the rest of your application into the VA.

For more information please go to our web site at

www.TexasElderLawAttorney.com

or go to

www.TexasVeteransBenefits.com

and sign up for our FREE e-mail course on Veterans Aid & Attendance.

General Qualifications for Non-Service Connected

Aid and Attendance

Veteran, Widowed Spouse, and Dependent or Disabled Child

(Any May be a Claimant)

• Veteran Must have Served at Least Ninety Days Active Duty with One Day of the Ninety During a Qualified War Period (Ninety Days Must Generally be Consecutive, with Some Exceptions)

• Veteran Must have had an “Other Than Dishonorable Discharge”

• Claimant’s Physician Must Declare Him/Her as Housebound and in Need of Assistance from Another Individual, Which May Include Services Offered by Assisted Living

• Claimant Should have Less than $80,000.00 in Household Assets; Excluding Primary Home, Car, and Personal Belongings (If Assets are Jointly Owned by Other than Spouse, Only the Claimant’s Share is Generally Countable.  In the Case of a Married Veteran, Both His/Her Assets are Countable.  Although $80k is Typically the Asset Cap, the VA May Also Consider the Claimant’s Life Expectancy and Demand Lower Total Assets.  In the Case of Excessive Assets, It May be Best to Consult an Elder Law Attorney)

• Claimant’s Household Out-of-Pocket Yearly Medical Expenses Must Exceed or Come Close to His/Her Total Yearly Household Gross Income (Total Yearly Cost of Assisted Living is Typically Considered a Medical Expense)

• Widowed Spouse Must have been Married to the Veteran for at Least One Year, OR have had Children by the Veteran if Married Less than One Year, AND Never Remarried

• Widowed Spouse Must have been Living with the Veteran at the Time of the Veteran’s Death, Unless the Separation was Due to Medical or Military Reasons (There May be Some Exceptions Related to Separations Due to Abuse)

• Minor or Disabled Adult Children May Qualify for Limited Benefits on Their Own

2012 Maximum Pension Rates for Aid and Attendance

Single Veteran                                     $1,704.00 Per Month or

Married Veteran                                   $2,020.00 Per Month

Widowed Spouse                                  $1,095.00 Per Month

Veteran Married to Veteran                  $2,631.00 Per Month

Barron Law Firm

209 E. Main St. Whitesboro, Texas 76273

or

1400 Preston Rd., Suite 400, Plano, Texas 75093

903-564-3663 or 800-939-9093

www.TexasElderLawAttorney.com

**Note:  Each VA Claim is Unique and the Above Criteria is Generic in Nature and May Not be Applicable to Each Claimant.

Medicaid is a complicated process, with its own set of definitions for seemingly self-explanatory words. Self-help Medicaid planning is a mistake that can result in the loss of thousands – even tens of thousands of dollars.

Let me tell you a story of a professional accountant. He’s trained in something that seems similar to Medicaid – the area of income tax, gift tax, estate tax, and governmental audits of finances.

This highly skilled individual, whose mother with Alzheimer’s needed Medicaid benefits, read and analyzed the written regulations of Medicaid in his state and used his understanding of tax law to interpret the facts.

He then took some actions to save BIG money. He transferred $500,000 to an irrevocable trust. Then he began paying for his mother’s care through what he thought was the Medicaid waiting period. Finally, he filled out a Medicaid application and submitted it. While he was filling out the application, he checked an innocent little box which asked a seemingly obvious question: “Do you wish to apply for ALL Medicaid benefits to which you are entitled?” He answered “yes” – but as it turned out, that was the wrong answer.

“Yes” seemed like the right answer in this case. After all, why wouldn’t you apply for all the benefits available to you? Because of his mother’s specific set of circumstances, unfortunately, the Medicaid application was not submitted at the right time. So the Medicaid department was then able to count the $500,000 transfer as a gift, and they composed a penalty period of ineligibility of more than 100 months, over 8 years! A “little” error is easy to make by anyone who does not work in the area of Medicaid.

This is why I urge you to go to a qualified Elder Law attorney. Choose someone who practices in the area of Medicaid and longevity planning on a daily basis. The story above is a perfect illustration that when it comes to Medicaid, words may not mean what you think they mean.

For example, the words ‘gross income’ have completely different definitions in tax laws, public benefits, federal income tax, Social Security Disability Insurance, state income tax, Veteran’s benefits, and Supplemental Security Income. If a simple word like “income” does not mean the same thing in different areas of laws and regulations, how can anyone who is unfamiliar with Medicaid provide someone with trustworthy guidance?

Don’t trust your life savings, or the health of your dear loved one, to someone who doesn’t know the ins-and-outs of Medicaid law. Our firm is an experienced and trustworthy guide in the area of Medicaid. We are dedicated to helping our clients live with dignity, instead of living on just a dollar or two a day. Let us help you. Call our offices at 800-939-9093.

To find out who is Fluent in Elder Law, and what questions you need to ask to make sure they are a trustworthy guide, visit www.AlzheimersHope.com/where_get_help/identify_elderlaw_attorney.php to read up on the subject… it will help you make the best decision.  You can also go to www.TexasElderLawAttorney.com.

To find out whether your loved one should still be driving, you may want to have them take a test.  Almost all medical centers that have an occupational therapist available are able to do driving evaluations.  The test may cost a bit and is usually not covered by insurance, but it clearly determines if a person has the physical and mental capacity to drive safely.

If your loved one is confused or having memory issues and you’re just not sure what the right decision is, this type of test will reassure you that you have a responsibility to not let her drive.  If she is not confused during the test, then this will allow her to make an informed decision on her own about whether or not she should drive.  (Don’t be surprised, especially if your loved one is still very “with it” most of the time, if she challenges you to take the test as well.)

Another option that I heard about just this week is a new service from the Area Agency on Aging. Volunteers at some senior centers are providing coaching for people who need to take a driving test to lower their insurance rates.  This is worth an inquiry – you can contact your local chapter to see if it’s a service they provide. If they have instituted this program locally, then you might be able to have the driving test done for free.  One big thing to note about this test, though, is that since it’s attached to the motor vehicle department, if your loved one does NOT pass the driving test, their driver’s license and insurance will both be suspended.

A simple test can solve the problem of driving… although it’s never an easy conversation to have. For more information on how to have that discussion and help your loved one make informed decisions about driving, please refer to my manual,

“When to Take The Keys Away”

at

www.AlzheimersResourceKit.com/barron/resources/safedriving.html

in my Alzheimer’s Resource Center.

Also see www.TexasElderLawAttorney.com

A very basic explanation of how this disease process works is that the Alzheimer’s sufferer is unable to keep track of the most recent events that occur in his life.  Unfortunately, everything you do for your loved one is in the here-and-now, and he cannot show appreciation for something he cannot even remember occurred.  But why does he expect more and more from you? It’s quite impossible to do enough.  The answer to this is actually the same: he can’t recall what you have done.

I have my own little trick for explaining how this works: with Alzheimer’s,  the brain-gizmo that gathers new information starts to malfunction first, meaning that it either doesn’t store new information, or can’t retrieve it when it is needed – even if it did get stored.  This malfunction continues to get worse and worse, and only when it adversely affects the person’s ability to function normally in their daily life can it be considered a diagnosis of dementia.

Don’t forget that dementia is the symptom, and what is causing the dementia is what the doctor will establish upon examination.  There are three causes:

1) Alzheimer’s Disease,
2) Vascular Dementia, and
3) NOS (meaning “Not Otherwise Specified,” which refers to some other disease process).

For the dementia to be considered Alzheimer’s, the patient will also have at least one of the 4 following afflictions:

1) Aphasia,
2) Apraxia,
3) Agnosia, or
4) Executive Functioning Difficulties.

To expect someone with Alzheimer’s or a related dementia to show appreciation would equate to a diabetic not having a reaction to the birthday cake you made them, just because they liked the taste of it.  Your husband’s reaction is because of the disease; it is not a choice he has made, or something over which he has any control.  When we as caregivers become aware of this, we can focus our anger on the disease and its symptoms instead of our loved one.  Then, and only then, can we move forward and work with the person for whom we truly care.

Need a dependable resource you can turn to day or night to help answer your questions and ease your fears?   Just go to www.DallasMemoryLawyer.com, and when you put in your name and e-mail address, you will gain instant access to the Alzheimer’s Resource Center where you will find answers plus a whole lot more.

Best of all, it is at no cost to you, FREE!   You can opt out at anytime.  You can also go to www.TexasElderLawAttorney.com for additional free information.