Ralph Robbins
Certified Financial Planner
Ralph S. Robbins, CFP©, is a licensed Certified Financial Planning Practitioner and an Accredited VA Claims Agent specializing in Eldercare Financial Planning. He works everyday helping families in crisis find creative ways to fund long-term care expenses and deal with family financial issues.
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Question
Who is eligible for VA benefits?
WiilieJim... He may be eligible for VA Improved Pension as the basic requirement is at least 90 days of continuous active service one day... WiilieJim...
He may be eligible for VA Improved Pension as the basic requirement is at least 90 days of continuous active service one day of which was during a "wartime period" and a discharge other than dishonorable.
For a Vietnam Era veteran the dates of service for those who were not "boots on the ground" = August 5, 1964 through May 7, 1975).
This is, however, a "needs based program" with income and asset requirements to qualify. If seeking the higher "Aid and Attendance " level of Improved Pension then he will also be required to establish medical need.
The maximum Improved Pension benefit with Aid and Attendance award in 2016 for a married couple is $2,120 per month.
There is full write up about this benefit on this website. see more
He may be eligible for VA Improved Pension as the basic requirement is at least 90 days of continuous active service one day of which was during a "wartime period" and a discharge other than dishonorable.
For a Vietnam Era veteran the dates of service for those who were not "boots on the ground" = August 5, 1964 through May 7, 1975).
This is, however, a "needs based program" with income and asset requirements to qualify. If seeking the higher "Aid and Attendance " level of Improved Pension then he will also be required to establish medical need.
The maximum Improved Pension benefit with Aid and Attendance award in 2016 for a married couple is $2,120 per month.
There is full write up about this benefit on this website. see more
Question
Will my Mom lose her Veterans Aid and Attendance Benefit if she leaves assisted living, and instead lives at h...
Buddy57...Technically, yes. Keep in mind that a caregiver who is providing service to only one person may not be considered a 1099... Buddy57...Technically, yes. Keep in mind that a caregiver who is providing service to only one person may not be considered a 1099 Independent contractor but, rather, a employee of the care recipient. This means that in addition to ordinary income tax FUTA and FICA must be paid by the both parties where applicable. see more
Question
What are valid expenses that reduce income to avoid exceeding the Veterans Aid & Attendance income limit?
Most on this site speak of VA Pension when speaking of VA benefits. It appears your mother is receiving "Compensation" base on... Most on this site speak of VA Pension when speaking of VA benefits. It appears your mother is receiving "Compensation" base on her husbands service connected disability or death. There are benefits that may accrue to her in addition to what she is receiving however the rules for Pension and Compensation differ.
Your best bet is to find a Veteran Service Officer (VSO) to assist you in determining what might be available and under what circumstances.
You can find a VSO in your area by doing a search or by going here:
http://nacvso.org/find-a-service-officer/ see more
Your best bet is to find a Veteran Service Officer (VSO) to assist you in determining what might be available and under what circumstances.
You can find a VSO in your area by doing a search or by going here:
http://nacvso.org/find-a-service-officer/ see more
Question
Can Medicare come after life insurance as payment for nursing home?
Lindsey... If the facts are as you state it does not appear the State of Texas has a claim. See:... Lindsey...
If the facts are as you state it does not appear the State of Texas has a claim.
See:
https://www.dads.state.tx.us/news_info/publications/brochures/DADS121_merp.html see more
If the facts are as you state it does not appear the State of Texas has a claim.
See:
https://www.dads.state.tx.us/news_info/publications/brochures/DADS121_merp.html see more
Question
CS assets increase to 180K. Is a new application, resource, post/re-eligibility reviews and corresponding spe...
If a Community Spouse's assets increase AFTER Medicaid approval it will have no bearing on the Institutional Spouse's eligibility... If a Community Spouse's assets increase AFTER Medicaid approval it will have no bearing on the Institutional Spouse's eligibility presently or at re-certification.
The above is not offered as legal advice. Consider consulting an attorney licensed in your. see more
The above is not offered as legal advice. Consider consulting an attorney licensed in your. see more
Question
Is buying a mobile home cash considered a spend down of my mother's assets to quality for Medicaid?
The following should not be considered legal advice. It is wise to consult a licensed attorney in your state for legal advice regarding... The following should not be considered legal advice. It is wise to consult a licensed attorney in your state for legal advice regarding estate and Medicaid planning matters.
The state never "seizes" property. The state may, however, place a lien on property in an attempt to recover payment from the estate of a deceased Medicaid recipient for Medicaid services rendered.
Exactly what may be subject to lien or other methods of Medicaid Estate Recovery varies by state. Here is a link to the State of Illinois web page regarding this matter.
https://www.illinois.gov/hfs/info/Brochures%20and%20Forms/Brochures/Pages/HFS3419b.aspx
Note it states that mobile homes are not subject to lien. Also note that Illinois will otherwise only seek to recover from assets subject to probate. What this means is that the mobile home (and other assets, if any), if titled in a manner that does not subject it (them) to probate, will not be subject to Medicaid Estate Recovery.
To accomplish this your mother may wish to consider creating a Revocable Living Trust and titling the mobile home in the name of the trust. Administration of a Revocable Trust at death is not subject to probate in Illinois. In Florida we find attorneys drafting this documents for under $500. I suspect the same holds true in Illinois. see more
The state never "seizes" property. The state may, however, place a lien on property in an attempt to recover payment from the estate of a deceased Medicaid recipient for Medicaid services rendered.
Exactly what may be subject to lien or other methods of Medicaid Estate Recovery varies by state. Here is a link to the State of Illinois web page regarding this matter.
https://www.illinois.gov/hfs/info/Brochures%20and%20Forms/Brochures/Pages/HFS3419b.aspx
Note it states that mobile homes are not subject to lien. Also note that Illinois will otherwise only seek to recover from assets subject to probate. What this means is that the mobile home (and other assets, if any), if titled in a manner that does not subject it (them) to probate, will not be subject to Medicaid Estate Recovery.
To accomplish this your mother may wish to consider creating a Revocable Living Trust and titling the mobile home in the name of the trust. Administration of a Revocable Trust at death is not subject to probate in Illinois. In Florida we find attorneys drafting this documents for under $500. I suspect the same holds true in Illinois. see more
Question
When does the 100 day Medicare period restart?
Below is a summary of Medicare Skilled Nursing Facility benefits: Medicare covers Skilled Nursing services ONLY. Medicare will not, under... Below is a summary of Medicare Skilled Nursing Facility benefits:
Medicare covers Skilled Nursing services ONLY. Medicare will not, under any circumstances, pay for Intermediate or Custodial nursing facility care.
Medicare Skilled Nursing Facility benefits fall under Medicare Part A.
Skilled Nursing and Rehabilitative services are defined as:
1. Medically necessary.
2. Ordered by a physician.
3. Performed by skilled personnel (i.e,, physical therapist, respiratory therapist, occupational therapist, etc.).
Medicare covers Skilled Nursing Facility care if the following conditions are met:
1. Patient must have spent three overnights as an admitted hospital patient (be wary of “observation” stays in hospital…they do not count toward the three day requirement).
2. Be admitted to a Medicare participating facility.
3. Be admitted within 30 days of hospital discharge.
4. Be admitted for the same condition for which they were hospitalized.
If the above conditions are met then for each Benefit Period:
1. Medicare will pay all charges for the first 20 days.
2. Medicare will pay all charges except for a $161 per day co-pay for the next 80 days (2016). This co-pay may be covered by Medicare supplement or other private insurance.
3. Medicare Skilled Nursing Facility benefits end after 100 days of care per Benefit Period.
What is a “Benefit Period”?
A Benefit Period begins the day (overnight) the beneficiary is admitted to a hospital as a Medicare patient and ends when they been out of the hospital or have not received Medicare Skilled Nursing Facility care for at least 60 days in a row.
In other words, Benefit Periods are separated by 60 days during which the Medicare beneficiary has not received care in a hospital or Skilled Nursing Facility.
After 60 days Medicare Part A benefits “renew” in that the beneficiary will receive all benefits as if benefits had not been previously received (with the exception of “lifetime reserve days” which do not “renew” and do not apply at all to Skilled Nursing Facility benefits). New deductibles and co-pays will also apply. So, too, will the beneficiary have to again meet the hospital stay requirement.
Remember that just because there is a potential 100 day Skilled Nursing Facility benefit per benefit period it does not mean the beneficiary “automatically” will receive the full 100 days.
To continue to receive Medicare Skilled Nursing Facility benefits during the covered 100 days the patient:
1. Must be able to participate in prescribed therapies.
2. Must be willing to participate in prescribed therapies.
3. Must be “progressing” in treatment.
If the patient stabilizes or “plateaus” in treatment, they may no longer qualify for skilled services and Medicare benefits will terminate…even if the patient is not capable of caring for themselves or they have not received 100 days of coverage.
This is where Medicaid comes in as the payee of last resort for nursing home care other than skilled or when Medicare skilled benefits are exhausted.
Caveat: The above is applicable to “Original” Medicare. If a beneficiary is covered under a Medicare Advantage Plan (Medicare Part C) actual benefits may vary in terms of co-pays and coverages. Contracts and benefits vary. Consult the contract for details. see more
Medicare covers Skilled Nursing services ONLY. Medicare will not, under any circumstances, pay for Intermediate or Custodial nursing facility care.
Medicare Skilled Nursing Facility benefits fall under Medicare Part A.
Skilled Nursing and Rehabilitative services are defined as:
1. Medically necessary.
2. Ordered by a physician.
3. Performed by skilled personnel (i.e,, physical therapist, respiratory therapist, occupational therapist, etc.).
Medicare covers Skilled Nursing Facility care if the following conditions are met:
1. Patient must have spent three overnights as an admitted hospital patient (be wary of “observation” stays in hospital…they do not count toward the three day requirement).
2. Be admitted to a Medicare participating facility.
3. Be admitted within 30 days of hospital discharge.
4. Be admitted for the same condition for which they were hospitalized.
If the above conditions are met then for each Benefit Period:
1. Medicare will pay all charges for the first 20 days.
2. Medicare will pay all charges except for a $161 per day co-pay for the next 80 days (2016). This co-pay may be covered by Medicare supplement or other private insurance.
3. Medicare Skilled Nursing Facility benefits end after 100 days of care per Benefit Period.
What is a “Benefit Period”?
A Benefit Period begins the day (overnight) the beneficiary is admitted to a hospital as a Medicare patient and ends when they been out of the hospital or have not received Medicare Skilled Nursing Facility care for at least 60 days in a row.
In other words, Benefit Periods are separated by 60 days during which the Medicare beneficiary has not received care in a hospital or Skilled Nursing Facility.
After 60 days Medicare Part A benefits “renew” in that the beneficiary will receive all benefits as if benefits had not been previously received (with the exception of “lifetime reserve days” which do not “renew” and do not apply at all to Skilled Nursing Facility benefits). New deductibles and co-pays will also apply. So, too, will the beneficiary have to again meet the hospital stay requirement.
Remember that just because there is a potential 100 day Skilled Nursing Facility benefit per benefit period it does not mean the beneficiary “automatically” will receive the full 100 days.
To continue to receive Medicare Skilled Nursing Facility benefits during the covered 100 days the patient:
1. Must be able to participate in prescribed therapies.
2. Must be willing to participate in prescribed therapies.
3. Must be “progressing” in treatment.
If the patient stabilizes or “plateaus” in treatment, they may no longer qualify for skilled services and Medicare benefits will terminate…even if the patient is not capable of caring for themselves or they have not received 100 days of coverage.
This is where Medicaid comes in as the payee of last resort for nursing home care other than skilled or when Medicare skilled benefits are exhausted.
Caveat: The above is applicable to “Original” Medicare. If a beneficiary is covered under a Medicare Advantage Plan (Medicare Part C) actual benefits may vary in terms of co-pays and coverages. Contracts and benefits vary. Consult the contract for details. see more
Question
Is there VA financial assistance for a non-family caregiver?
RUBYMRE... VA Pension benefits (in your case technically called "Death Pension with Aid and Attendance") is paid directly to the... RUBYMRE...
VA Pension benefits (in your case technically called "Death Pension with Aid and Attendance") is paid directly to the claimant (you) via direct deposit each month.
You, then, pay your providers as you see fit as long as the funds are being used towards "Unreimbursed Medical Expenses" including the cost of caregivers.
This allows for flexibility with regard to choice as you may use the funds pay private caregivers (including family members or friends) instead of using an agency. see more
VA Pension benefits (in your case technically called "Death Pension with Aid and Attendance") is paid directly to the claimant (you) via direct deposit each month.
You, then, pay your providers as you see fit as long as the funds are being used towards "Unreimbursed Medical Expenses" including the cost of caregivers.
This allows for flexibility with regard to choice as you may use the funds pay private caregivers (including family members or friends) instead of using an agency. see more
Question
Is the Medicaid look back period only triggered when applying for Medicaid in order to enter into a nursing ho...
The five year look-back is triggered at application for all Medicaid long-term care benefits including Nursing Home and Home and Community... The five year look-back is triggered at application for all Medicaid long-term care benefits including Nursing Home and Home and Community Based Medicaid benefits (HCBS) since HCBS are provided under "waiver" programs subject to the same asset eligibility rules. see more
Question
Florida Medicaid requires that a Miller Trust be funded before Medicaid application and approval. No one seem...
The following is not to be considered legal advice. Only a Florida licensed attorney can provide legal advice or draft a QIT in Florida. ... The following is not to be considered legal advice. Only a Florida licensed attorney can provide legal advice or draft a QIT in Florida. The below is for educational purposes only from resources available to the general public.
An Irrevocable Qualified Income Trust (QIT) aka “Miller Trust” is codified in Federal law to provide a mechanism for those with high income and low assets to qualify for Medicaid long-term care benefits when countable income exceeds a given state’s Medicaid eligibility “income cap”. In Florida, the income cap for 2016 is $2,199 per month.
Note that countable income is GROSS income from all sources. This includes payments received for benefits such as pension, disability and worker’s compensation, most VA cash benefits, and retirement plan distributions such as those from IRA’s and 401(k)’s. It also includes net income from rental income property and any variable income the applicant/beneficiary may receive. The trust is an income only trust and NOT designed to receive assets and no assets should ever be placed in a QIT.
The trust must be funded each month with the amount of income that exceeds the income cap. There is no prohibition against over-funding the trust and it is, therefore, always best to over-fund the trust (even minimally) in case of errors. As long as the trust is funded only with income (not assets) the only consequence to over funding is that at the beneficiaries demise any funds remaining in the trust must go to costs of care or for other permitted distributions. Any excess funds remaining after such payments and distributions must be paid to the State. In this event, since distributions from the trust are made monthly, there should be only a small residual balance (if any) in the trust account at the end of any given month that may be subject to Medicaid “pay-back”.
If the beneficiary is in a nursing home, many trustees will fund the trust with all of the beneficiaries income since, for a nursing home patient, all income will be deemed “Patient Responsibility” and be paid to the nursing home except for the Personal Needs Allowance (currently $105), uncovered medical expenses such as Medicare supplement premiums or transportation charges, and that portion of the beneficiaries income that is to be transferred to the Community Spouse as an income allowance - all permitted distributions from a properly drafted QIT.
Income may be variable or may increase or decrease over time for any number of reasons. It is important, therefore, that the trust be properly funded for each month the beneficiary is receiving Medicaid benefits and that changes in income be reported to the state on an ongoing basis. see more
An Irrevocable Qualified Income Trust (QIT) aka “Miller Trust” is codified in Federal law to provide a mechanism for those with high income and low assets to qualify for Medicaid long-term care benefits when countable income exceeds a given state’s Medicaid eligibility “income cap”. In Florida, the income cap for 2016 is $2,199 per month.
Note that countable income is GROSS income from all sources. This includes payments received for benefits such as pension, disability and worker’s compensation, most VA cash benefits, and retirement plan distributions such as those from IRA’s and 401(k)’s. It also includes net income from rental income property and any variable income the applicant/beneficiary may receive. The trust is an income only trust and NOT designed to receive assets and no assets should ever be placed in a QIT.
The trust must be funded each month with the amount of income that exceeds the income cap. There is no prohibition against over-funding the trust and it is, therefore, always best to over-fund the trust (even minimally) in case of errors. As long as the trust is funded only with income (not assets) the only consequence to over funding is that at the beneficiaries demise any funds remaining in the trust must go to costs of care or for other permitted distributions. Any excess funds remaining after such payments and distributions must be paid to the State. In this event, since distributions from the trust are made monthly, there should be only a small residual balance (if any) in the trust account at the end of any given month that may be subject to Medicaid “pay-back”.
If the beneficiary is in a nursing home, many trustees will fund the trust with all of the beneficiaries income since, for a nursing home patient, all income will be deemed “Patient Responsibility” and be paid to the nursing home except for the Personal Needs Allowance (currently $105), uncovered medical expenses such as Medicare supplement premiums or transportation charges, and that portion of the beneficiaries income that is to be transferred to the Community Spouse as an income allowance - all permitted distributions from a properly drafted QIT.
Income may be variable or may increase or decrease over time for any number of reasons. It is important, therefore, that the trust be properly funded for each month the beneficiary is receiving Medicaid benefits and that changes in income be reported to the state on an ongoing basis. see more
Question
With Medicaid pending, what happens if my father moves back into assisted living that he can afford?
If he was financially and otherwise eligible while in a long-term care facility Medicaid should cover the cost of care even if he leaves... If he was financially and otherwise eligible while in a long-term care facility Medicaid should cover the cost of care even if he leaves the facility and is subsequently not eligible. Some states provide a Medicaid benefit for assisted living for which he may still qualify for. see more
Question
Other than an attorney, who can notarize a will?
There are also mobile notaries available...you can find them online. Keep in mind that a will also has to be witnessed in addition to... There are also mobile notaries available...you can find them online. Keep in mind that a will also has to be witnessed in addition to notarized. see more
Question
How can I get care for Mom when she refuses to see a doctor?
If your mother has Original Medicare with a supplement (in other words, she is NOT on a Medicare Advantage plan, aka "Part C")... If your mother has Original Medicare with a supplement (in other words, she is NOT on a Medicare Advantage plan, aka "Part C") you should be able to find a mobile doctor service that will send a physician to her home. There will be no out of pocket.
I would avoid contacting APS if at all possible. In any event, there is little they can do if she has cognitive capacity. see more
I would avoid contacting APS if at all possible. In any event, there is little they can do if she has cognitive capacity. see more
Question
Why doesn't adult protective services recognize our POA?
As many discover when intra-family affairs become complicated, a POA does not have as much force as one might need. This is why, in a... As many discover when intra-family affairs become complicated, a POA does not have as much force as one might need. This is why, in a addition to a POA, a "Pre-Need Guardian" document should be included in the estate planning process. If you truly wish to have dominion over your mother's legal and health matters, guardianship will do it. You will need an attorney to help you file for same. see more
Question
I have been trying to get my Mom's DD214 for almost a year now. Any advice?
Service records are obtained from the National Archives via Standard Form 180. Emergency requests are provided for. Go here:... Service records are obtained from the National Archives via Standard Form 180. Emergency requests are provided for.
Go here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html
Be sure to scroll down to the bottom for info on "emergency" requests.
If the National Archives cannot come up with anything, there are many other ways to prove eligible service for benefits...but this is where you should start. see more
Go here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html
Be sure to scroll down to the bottom for info on "emergency" requests.
If the National Archives cannot come up with anything, there are many other ways to prove eligible service for benefits...but this is where you should start. see more
Question
Dad is a WWII Veteran, lives in independent living; Mom lives in adjacent Memory Care. Are there Vet's benefit...
From the description of your father's service and your parent's circumstances it is possible he is eligible for and will qualify... From the description of your father's service and your parent's circumstances it is possible he is eligible for and will qualify for VA Improved Pension with Aid and Attendance.
As a couple, the maximum benefit for this award in 2016 is $2,120 per month paid directly to the veteran.
Keep in mind that the award is always based on the veteran's need so if he is living in Independent Living and not receiving assistance with activities of daily living from any source he may not qualify for the Aid and Attendance award but still may qualify for Basic Pension which for the couple in 2016 is $1,404 per month.
As hinted at earlier, this is a needs based benefit and in addition to medical requirements there financial requirements with respect to assets and income.
There is a full description on this site and many others.
You may wish to consider professional advice either from a County Veterans Service Officer or an independent accredited claims agent or accredited attorney. CVSO's do not charge for their services and many accredited agents/attorneys will provide an initial free phone consult.
Certainly worth investigating further.
By the way, the time to look into this is now as the VA will be changing qualification rules in 2016. These changes will be of benefit to some claimants and a detriment to others however enough is now known about the changes to determine whether it makes more sense to pursue a claim now or to wait for the rule changes occur. see more
As a couple, the maximum benefit for this award in 2016 is $2,120 per month paid directly to the veteran.
Keep in mind that the award is always based on the veteran's need so if he is living in Independent Living and not receiving assistance with activities of daily living from any source he may not qualify for the Aid and Attendance award but still may qualify for Basic Pension which for the couple in 2016 is $1,404 per month.
As hinted at earlier, this is a needs based benefit and in addition to medical requirements there financial requirements with respect to assets and income.
There is a full description on this site and many others.
You may wish to consider professional advice either from a County Veterans Service Officer or an independent accredited claims agent or accredited attorney. CVSO's do not charge for their services and many accredited agents/attorneys will provide an initial free phone consult.
Certainly worth investigating further.
By the way, the time to look into this is now as the VA will be changing qualification rules in 2016. These changes will be of benefit to some claimants and a detriment to others however enough is now known about the changes to determine whether it makes more sense to pursue a claim now or to wait for the rule changes occur. see more
Question
I was receiving money from my Dads aid and attendance pension. Dad died, can I collect owed back pay to me?
Very possible. Do a search for "VA Accrued Benefits" and VA Form 21-601.
Question
My Mother (91) lost her Medicare card. Can I go online legally and apply for replacement?
Getting a replacement Medicare card is easy as long as it is being sent to the address on record. Cal 1-800-MEDICARE. They are available... Getting a replacement Medicare card is easy as long as it is being sent to the address on record. Cal 1-800-MEDICARE. They are available 24/7 so calling off hours virtually eliminates delay.
On-line is also very convenient. see more
On-line is also very convenient. see more
Question
Can my Mother continue to collect 2 pensions and a veteran's benefit in her checking account while in a long t...
It is apparent you have several issues to contend with. First and foremost is the health and well-being of your mother. If she is... It is apparent you have several issues to contend with. First and foremost is the health and well-being of your mother. If she is currently receiving Medicaid long-term care benefits I would suggest immediately locating another facility that will accept her.
With respect to the nurse's behavior, whereas your mother consented to the "gift", theft may be difficult to prove if your mother had cognitive capacity at the time. This incident may, however, be considered "exploitation" which is also a criminal offense. I suggest contacting Adult Protective Services http://www.state.nj.us/humanservices/doas/services/aps/ with respect to this and the other matters relating to your mother's and other resident's care.
Regarding Medicaid eligibility, the liquidation of the $2,600 investment, and income:
1. If the the $2,600 is reported to DHS, which it should be, your mother would technically be ineligible for Medicaid in the month of receipt. Whether she would be ineligible for the full month or for portion of the month will depend on the character of the "investment".
2. If it was an IRA or other retirement plan distribution, it would be counted as income in the month of receipt and she would be ineligible for the entire month and there is no cure.
3. If it was not income, this can probably be cured if the funds are recovered and paid to the nursing home as patient responsibility. Fortunately, ineligibility penalties with respect to assets are calculated fractionally and ultimately there should be no problem as DHS would cover the balance of the month.
3. In any event, and given the circumstances, I am sure the nursing home will have no problem covering any shortfall for the month in question. If that fails, I am sure a hardship exemption through DHS will be possible.
4. As far as monthly payment is concerned, a Medicaid recipient is not obligated to have income sent directly to the facility. As long as all of your mother's gross monthly income is paid towards her cost of care (less $35 for personal needs) it does not matter if it goes to her checking account first. You are correct that the $90 VA Pension is not considered a resource and is not payable towards her cost of care. She is free to use it for her personal needs in addition to the $35.
5. Since it seems you were not involved in the Medicaid application process I would verify that her gross income (not counting the $90 VA Pension) is under the NJ income cap of $2,199. If it is over the income cap you must immediately have a Qualified Income Trust established and funded so as not to jeopardize eligibility.
6. Lastly, you may want to give strong consideration to having yourself (or another) appointed as a guardian for your mother. see more
With respect to the nurse's behavior, whereas your mother consented to the "gift", theft may be difficult to prove if your mother had cognitive capacity at the time. This incident may, however, be considered "exploitation" which is also a criminal offense. I suggest contacting Adult Protective Services http://www.state.nj.us/humanservices/doas/services/aps/ with respect to this and the other matters relating to your mother's and other resident's care.
Regarding Medicaid eligibility, the liquidation of the $2,600 investment, and income:
1. If the the $2,600 is reported to DHS, which it should be, your mother would technically be ineligible for Medicaid in the month of receipt. Whether she would be ineligible for the full month or for portion of the month will depend on the character of the "investment".
2. If it was an IRA or other retirement plan distribution, it would be counted as income in the month of receipt and she would be ineligible for the entire month and there is no cure.
3. If it was not income, this can probably be cured if the funds are recovered and paid to the nursing home as patient responsibility. Fortunately, ineligibility penalties with respect to assets are calculated fractionally and ultimately there should be no problem as DHS would cover the balance of the month.
3. In any event, and given the circumstances, I am sure the nursing home will have no problem covering any shortfall for the month in question. If that fails, I am sure a hardship exemption through DHS will be possible.
4. As far as monthly payment is concerned, a Medicaid recipient is not obligated to have income sent directly to the facility. As long as all of your mother's gross monthly income is paid towards her cost of care (less $35 for personal needs) it does not matter if it goes to her checking account first. You are correct that the $90 VA Pension is not considered a resource and is not payable towards her cost of care. She is free to use it for her personal needs in addition to the $35.
5. Since it seems you were not involved in the Medicaid application process I would verify that her gross income (not counting the $90 VA Pension) is under the NJ income cap of $2,199. If it is over the income cap you must immediately have a Qualified Income Trust established and funded so as not to jeopardize eligibility.
6. Lastly, you may want to give strong consideration to having yourself (or another) appointed as a guardian for your mother. see more
How do I find out the status of my grandmothers surviving widow benefits?
1. To discuss a claimant's case the VA must have a VA Form 21-0845 - "Authorization to Disclose Personal Information to A Third Party" signed by the applicant or Power of Attorney on file: www.vba.va.gov/pubs/forms/VBA-21-0845-ARE.pdf
2. To be designated as "Claims Representative" for another the VA must have on file VA Form 21-22a "Appointment of Claims Representative" signed by the claimant or Power of Attorney: http://www.vba.va.gov/pubs/forms/VBA-21-22A-ARE.pdf
3. If Power of Attorney is signing include copy of the POA.
4. The above can be mailed to the VA Pension Management Center that covers your state: http://www.benefits.va.gov/PENSION/resources-contact.asp
5. To obtain status on the application you may call 800-827-1000 or the toll free number for the Pension Management Center associated with your state.
6. The VA will consider the first application received unless there is a period of a year separating the two. see more