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Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24870
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I am Completing the Medicaid Application for my Mother in Law.

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I am Completing the Medicaid Application for my Mother in Law. She was widowed in 2005 by her husband of 40 years. He served in the Airforce for 4 years and was discharged honorably. This was from 1958 to 1962 I think, and his benefits seem to have terminated at his death. The Medicare application asks if we have filed for benefits under the Veterans & Survivors Improvement act. We have not because we were not aware that she could get any benefits from this. She is 69 years old and is on Social Security, not employed and does not care to be. What are the benefits she could receive under this act and how do I apply for them?

Wartime veterans, or their surviving spouses, become eligible for the Special Monthly Pension benefit (under the Veterans & Survivors Improvement Act) when they are over 65 years of age, are permanently disabled and unable to work, are homebound, or need the regular aid and attendance of another—whether at home, in assisted/supportive living, or in a nursing home.

There are only three types of persons who are authorized to provide a veteran with assistance filing a claim for veterans benefits for free:
1. A VA accredited attorney
2. A veterans service organization such as VFW, American Legion, Amvets, etc.
3. A state or county official of the Dept. of Veterans Affairs in your state

Unfortunately, there are few attorneys who have knowledge in this particular area of legal practice due to the fact that it is illegal to charge a veteran a legal fee for providing assistance in filing a claim for benefits.

Customer: replied 3 years ago.

Thanks - I think the answer is that he isn't a war time veteran, because of the War area for non Vietnam located vets was after 1964 and he left in 1962. However, I think I still need to file the application to the VA to satisfy the Medicaid group. Thanks for the information

I think so too - that you are absolutely correct. But I would contact those already mentioned and get assistance to make the application albeit that she'll be denied - ie.
1. A VA accredited attorney
2. A veterans service organization such as VFW, American Legion, Amvets, etc.
3. A state or county official of the Dept. of Veterans Affairs in your state

You don't want to make a wrong application.

Good luck!!


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