Law Office of Michael W. Cooper

Our subject this time is a Veterans' Disability Income program called, "Pension," or "Disability Pension," and often referred to as "Aid and Attendance." It is available to qualifying veterans discharged under other than dishonorable conditions, or their spouses, including single surviving spouses. The public's recent focus on this benefit is a result of this Pension being awarded to veteran households who are receiving care in nursing homes, assisted living facilities, or from home health aides.

You may be eligible if you or the veteran through whom you claim served 90 days or more of active duty with at least one day during a period of wartime, and your countable family income is below a yearly limit set by law, and you are permanently and totally disabled, or you are age 65 or older. Service in combat by the veteran is not required, injury during service is not required, and retirement from military service is not required.

This is a very underutilized benefit because the income eligibility ceiling is low. However, many are qualified who think they aren't, because they are not informed that all medical expenses that are expected to recur every month are deductible from their income. This may include an assisted living facility or paid assistance at home, and so, households earning $2,000 to $6,000 a month might still qualify. The key is countable family income, after all the legally-allowed deductions are subtracted.

Alert – Only three types of individuals are allowed by VA to represent veterans in the preparation, presentation and prosecution of claims for benefits: accredited representatives of service organizations, recognized attorneys, and accredited agents.

For more information about estate planning in California, take a look at Mr. Cooper's website at www.mikecooperlaw.com, or you may schedule a free consultation with Mr. Cooper by calling 530-877-1383. As always, please be sure to review the Attorney Advertising Disclaimer at the bottom of each page of Mr. Cooper's website. There is no substitute for personal legal counsel by a qualified attorney licensed in your jurisdiction.