Michigan Elder Law Blog

Did you know the Veterans Administration has an improved pension program that includes a basic benefit that is open to many low income Michigan veterans or their surviving spouses?  Unfortunately, as a Michigan Veterans Benefits Lawyer, I see too many people, including Veterans, who are unaware of the program.  To be eligible for the Veteran Pension, a Michigan veteran must meet the income, net-worth requirements, and serve a minimum of 90 days in the military during World War II, the Korean War, the Vietnam War, or the Gulf War.

While a determination if you are eligible sounds like it is a simple process, it can actually be quite confusing.  It may be helpful to visit our Michigan Veterans Benefits website.  You can visit our website for Michigan Veterans by clicking here: Michigan Veterans Benefits Lawyer.

You can also request a free booklet on Long Term Care Options for Veterans.

-Christopher J. Berry, Esq. is a Michigan elder law attorney, a Veterans Administration Accredited attorney, a member of the National Academy of Elder Law Attorneys (NAELA), a member of ElderCounsel,  and practices elder law, medicaid planning and Veterans Benefits planning in Bloomfield Hills, Michigan.  He can be contacted at (248) 971-1700 or online at www.witzkeberry.com. Visit his  Michigan Elder Law Website at: Michigan Veteran and Elder Law Firm. 

The VA pays a pension to disabled veterans who are not able to work. The pension is also available for surviving spouses and children. This pension is available whether or not your disability is service-connected, but to be eligible you must meet the following requirements:

• You must not have been discharged under dishonorable conditions.
• If you enlisted before September 7, 1980, you must have served 90 days or more of active duty with at least one day during a period of war. Anyone who enlisted after September 7, 1980, however, must serve at least 24 months or the full period for which that person was called to serve.
• You must be permanently and totally disabled, or age 65 or older. You will need a letter from your doctor to prove that you are disabled.

In addition, your income must be below the yearly limit set by law; called the Maximum Annual Pension Rate (MAPR). The MAPR for 2010 are below:

Veteran with no dependents	$11,830
Veteran with a spouse or a child	$15,493
Housebound veteran with no dependents	$14,457
Housebound veteran with one dependent	$18,120
Additional children	$2,020 for each child

Your pension depends on your income. The VA pays the difference between your income and the MAPR. The pension is usually paid in 12 equal payments.

Example: John is a single veteran and has a yearly income of $6,406. His pension benefit would be $5,424 (11,830 – 6,406). Therefore, he would get $452 a month.

Your income does not include welfare benefits or Supplemental Security Income. It also does not include unreimbursed medical expenses actually paid by the veteran or a member of his or her family. This can include Medicare, Medigap, and long-term care insurance premiums; over-the-counter medications taken at a doctor’s recommendation; long-term care costs, such as nursing home fees; the cost of an in-home attendant that provides some medical or nursing services; and the cost of an assisted living facility. These expenses must be unreimbursed. This means that insurance must not pay the expenses. The expenses should also be recurring this means they should recur every month.

Aid and attendance. A veteran who needs the help of an attendant may qualify for additional help on top of the disability pension benefit. The veteran needs to show that he or she needs the help of an attendant on a regular basis. A veteran who lives in an assisted living facility is presumed to need aid and attendance.

A veteran who meets these requirements will get the difference between his or her income and the MAPR below (2010 figures):