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New VA Rules for Pension and Aid & Attendance Can Affect You

If you have met with me for a consultation to discuss long term care planning during the last three years, you have heard me mention that the VA was proposing changes to its eligibility rules for need-based programs such as pension and Aid & Attendance.  These VA monetary benefits are paid to veterans and/or their surviving spouses to supplement…

Seeking Exemption From The Medicaid Estate Recovery Lien

If you achieve a settlement or judgment for a client after the client’s death the Medicaid third-party liability lien (F.S. 409.910) must be satisfied before the proceeds are placed in the estate. F.S. 409.9101(9). The proceeds placed in the probate estate are then available to satisfy the Medicaid estate recovery lien (for benefits paid through…

Is There a Difference between a Qualified Income Trust and a Special Needs Trust?

Santa, Is There a Difference Between a Qualified Income Trust and a Special Needs Trust? Yes, Virginia, there is a difference and you need to consult a qualified elder law attorney to know which document you need based on your personal circumstances. A ‘Qualified Income Trust‘ is required if you are applying for Medicaid assistance…

Medicare Rehabilitation Standard Finally Revised

The long awaited update for Medicare rehabilitative services coverage is finally here. The Center for Medicare & Medicaid Services (CMS) has finally updated its Medicare manual regarding coverage for patients receiving rehabilitative services.  This necessary change will help patients and their families advocate for additional Medicare covered services. Under traditional Medicare, the first twenty (20)…