How to navigate a VA "aid and attendance" pension application?
May 18, 2013 1:20 PM Subscribe
My father-in-law is a WWII veteran. My wife is trying to get him his Veterans Administration "aid and attendance" pension. But it's such a Kafka-esque process... what are the best resources available to help someone do this? (More after the jump.)
My father-in-law is partially disabled and requires home care (as does his wife). You'd think that getting him his pension would be fairly straightforward. They certainly qualify medically and financially. But this is the government we're dealing with.
This is the sort of thing for which lawyers, on a consulting basis, charge an arm and a leg. (They can't actually fill out any forms.) My wife, who is smart and sharp, is trying to save the family money by doing the application herself. But she is getting conflicting info and recommendations from various resources; mostly web sites. It is far from clear exactly which forms, or groups of forms, to fill out, or what exactly constitutes proper documentation. There's supposed to be an EZ form for a Fully Developed Claim... but is that the way to go? It's mind-boggling. She's pulling her hair out. About all I can do is to make a few phone calls, photocopy documents, and so on. But it has occurred to me that there must be at least a few MeFites who have gone through this nightmarish procedure. If so, can you tell me what your favorite resources were?
My father-in-law is partially disabled and requires home care (as does his wife). You'd think that getting him his pension would be fairly straightforward. They certainly qualify medically and financially. But this is the government we're dealing with.
This is the sort of thing for which lawyers, on a consulting basis, charge an arm and a leg. (They can't actually fill out any forms.) My wife, who is smart and sharp, is trying to save the family money by doing the application herself. But she is getting conflicting info and recommendations from various resources; mostly web sites. It is far from clear exactly which forms, or groups of forms, to fill out, or what exactly constitutes proper documentation. There's supposed to be an EZ form for a Fully Developed Claim... but is that the way to go? It's mind-boggling. She's pulling her hair out. About all I can do is to make a few phone calls, photocopy documents, and so on. But it has occurred to me that there must be at least a few MeFites who have gone through this nightmarish procedure. If so, can you tell me what your favorite resources were?
Response by poster: That's an excellent suggestion. I asked my wife, and she said, "You know, I didn't contact the VFW." She did contact the Union County VA administrator, who, she said, was no help at all. First thing Monday, we'll try the VFW.
posted by Guy_Inamonkeysuit at 1:28 PM on May 18, 2013 [1 favorite]
posted by Guy_Inamonkeysuit at 1:28 PM on May 18, 2013 [1 favorite]
Seconding the recommendation to contact the Vet's organizations. They were a huge help to some people I worked with in the past.
posted by goggie at 1:33 PM on May 18, 2013
posted by goggie at 1:33 PM on May 18, 2013
IANYL, but you really don't want to risk making mistakes on this, like failing to preserve your rights to appeal. See an Elder law attorney.
posted by leotrotsky at 1:38 PM on May 18, 2013
posted by leotrotsky at 1:38 PM on May 18, 2013
Seconding comrade Trotsky. Here is where you do it.
posted by megatherium at 2:03 PM on May 18, 2013 [1 favorite]
posted by megatherium at 2:03 PM on May 18, 2013 [1 favorite]
Definitely contact the VFW, chances are they will at least know who the most effective local attorney for such things will be, and it's not unlikely that you'll need one.
Also, write and call your elected representatives if you cannot get answers. You have a house rep, two senators, a vice president and a president. My late grandfather was a WWII vet and there were some difficulties securing his VA medical benefits. There are not many kind things I can say about former Vice President Cheney, but after my mother wrote his office a response was quick and thoughtful and the process moved forward soon thereafter.
posted by ndfine at 2:13 PM on May 18, 2013
Also, write and call your elected representatives if you cannot get answers. You have a house rep, two senators, a vice president and a president. My late grandfather was a WWII vet and there were some difficulties securing his VA medical benefits. There are not many kind things I can say about former Vice President Cheney, but after my mother wrote his office a response was quick and thoughtful and the process moved forward soon thereafter.
posted by ndfine at 2:13 PM on May 18, 2013
My family is currently trying to get the aid and attendance benefit for surviving spouses for my grandmother. We also found the process overwhelming and were nervous about screwing something up.
My dad decided to do it through a group called American Veterans Aid, which will collect all the needed documents from the family and file the application, for a fee (I don't know how much, but less than paying a lawyer by the hour I assume, although they do have lawyers on staff I think). They are for-profit, not a government organization, and not affiliated with the VFW, etc. (although I feel like their website and name try to imply that a little).
This organization was one of the resources recommended by the counselor that my dad's employer provided. Not that that is any guarantee of anything, but my dad works for a huge corporation with many employees that have gone through this kind of thing.
I've been the main contact person for our family, since my dad's so busy. The process is so much easier than it would have been trying to do it on our own. They haven't filed the application yet (we're still missing one document). I don't know if it will be successful, but I do feel pretty confident at least that they are competent and that they will file the application correctly.
posted by treese at 2:33 PM on May 18, 2013
My dad decided to do it through a group called American Veterans Aid, which will collect all the needed documents from the family and file the application, for a fee (I don't know how much, but less than paying a lawyer by the hour I assume, although they do have lawyers on staff I think). They are for-profit, not a government organization, and not affiliated with the VFW, etc. (although I feel like their website and name try to imply that a little).
This organization was one of the resources recommended by the counselor that my dad's employer provided. Not that that is any guarantee of anything, but my dad works for a huge corporation with many employees that have gone through this kind of thing.
I've been the main contact person for our family, since my dad's so busy. The process is so much easier than it would have been trying to do it on our own. They haven't filed the application yet (we're still missing one document). I don't know if it will be successful, but I do feel pretty confident at least that they are competent and that they will file the application correctly.
posted by treese at 2:33 PM on May 18, 2013
Response by poster: More good suggestions, folks. treese, I think you'd have to sign over power of attorney to that place, but I may be wrong. We'll look into it. And leotrotsky, we did see an elder law attorney. He wasn't so good... my wife did better than he did.
posted by Guy_Inamonkeysuit at 2:54 PM on May 18, 2013
posted by Guy_Inamonkeysuit at 2:54 PM on May 18, 2013
Just about every county in the states has a Veterans Service Officer. Start here to find one where your father-in-law lives. They're an excellent resource to make sure he is getting all the benefits he qualifies for. They advocate on the behalf of veterans for VA benefits, but they are not a part of the VA. No matter what assistance you find with the process, do make sure he or someone in his family has a consultation with one. The VSOs I have talked to in regards to my father and the vets I work with have been very helpful in navigating the process. YMMV, of course.
posted by space_cookie at 4:22 PM on May 18, 2013 [1 favorite]
posted by space_cookie at 4:22 PM on May 18, 2013 [1 favorite]
She did contact the Union County VA administrator, who, she said, was no help at all.
VA administrator or veterans service officer? They're not always that easy to tell apart. If it was the VSO who your wife spoke with, sorry to hear it was a bust. They can be extremely helpful...and they can also behave like bureaucratic clods.
posted by space_cookie at 5:53 PM on May 18, 2013
VA administrator or veterans service officer? They're not always that easy to tell apart. If it was the VSO who your wife spoke with, sorry to hear it was a bust. They can be extremely helpful...and they can also behave like bureaucratic clods.
posted by space_cookie at 5:53 PM on May 18, 2013
Some law schools also have Veteran's clinics where the students help with various cases. If you live somewhat near a law school, you might want to try that as an option.
Are you in PA? If so, Widener has a veteran clinic, for example, as well as University of Pittsburgh.
posted by lyra4 at 6:12 PM on May 18, 2013
Are you in PA? If so, Widener has a veteran clinic, for example, as well as University of Pittsburgh.
posted by lyra4 at 6:12 PM on May 18, 2013
Ditto space_cookie. I contacted my local Veterans Service Officer by phone. It took a few days for her to return my call but when she did she was very helpful. She explained the types of benefits that my father could apply for and then told me about a weekly workshop that they hold to help veterans fill out paperwork for benefits.
posted by Ochre,Hugh at 9:35 PM on May 18, 2013 [1 favorite]
posted by Ochre,Hugh at 9:35 PM on May 18, 2013 [1 favorite]
I haven't had to deal with this sort of problem, but I have had to sort out various federal things and been happy with the help I received, increased expediency, etc., after contacting congressional offices. No loss in having a go.
posted by ambient2 at 10:47 PM on May 18, 2013 [1 favorite]
posted by ambient2 at 10:47 PM on May 18, 2013 [1 favorite]
Just to follow up, lots of folks say they do 'elder law' but aren't particularly dedicated or good. One indication, as megatherium indicated, is membership in NAELA, but all that takes is paying an annual fee and meeting CE requirements. Another (better) indication is 'CELA' after their name. That's an exam that's relatively rigorous, and requires dedicated practice for at least 5 years as an Elder law attorney. Even better would be 'CAP', which is an invitation-only group inside NAELA comprised entirely of CELAs who have been NAELA members for 10+ years. Lastly, not all Elderlaw attorneys are VA attorneys; so you'll also want to make sure that they're accredited with the VA.
posted by leotrotsky at 10:07 AM on May 19, 2013
posted by leotrotsky at 10:07 AM on May 19, 2013
Your life or disability insurance carrier at your workplace may have an Employee Assistance Program (EAP) that you can call to get help and/or a free referral. Some will even get you a free 1/2 hour meeting with an attorney.
posted by Coffeemate at 12:40 PM on May 20, 2013
posted by Coffeemate at 12:40 PM on May 20, 2013
Response by poster: Again, thanks to all for the great answers. We're slowly working our way through the list.
lyra4, we are in PA (Bucks County) but my father-in-law lives in Cranford, NJ.
And leotrotsky, yes indeed, not all of the "elder law" lawyers are any good. We have already learned that. My wife doesn't want to talk to any more of 'em -- at least, not for now.
posted by Guy_Inamonkeysuit at 12:40 PM on May 20, 2013
lyra4, we are in PA (Bucks County) but my father-in-law lives in Cranford, NJ.
And leotrotsky, yes indeed, not all of the "elder law" lawyers are any good. We have already learned that. My wife doesn't want to talk to any more of 'em -- at least, not for now.
posted by Guy_Inamonkeysuit at 12:40 PM on May 20, 2013
Late update for anyone who might find this useful in the future:
My grandmother's application did get approved. It took about two months I think from when my family submitted the completed application to when it was approved.
I was mistaken when I said in my earlier comment that American Veterans Aid would file the application. What they do is fill out the application and gather/check/organize the supporting documents and then mail it all back to the applicant/applicant's family to sign and submit. So you wouldn't have to sign over power of attorney or anything.
posted by treese at 8:09 PM on August 14, 2013 [1 favorite]
My grandmother's application did get approved. It took about two months I think from when my family submitted the completed application to when it was approved.
I was mistaken when I said in my earlier comment that American Veterans Aid would file the application. What they do is fill out the application and gather/check/organize the supporting documents and then mail it all back to the applicant/applicant's family to sign and submit. So you wouldn't have to sign over power of attorney or anything.
posted by treese at 8:09 PM on August 14, 2013 [1 favorite]
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