The Department of Veterans Affairs (VA) has an enormous backlog of disability claims, which includes compensation benefits and Aid and Attendance (Pension) benefits. The backlog is reported to be more than 600,000 claims in all. Anyone who has applied for Aid and Attendance or Pension benefits quickly learned that the waiting time is typically 8 to 18 months to have benefits approved. The New York Times, in the New Old Age blog on May 21, 2013 by Susan Seliger, reports that the VA indicates that there is a special reason why Aid and Attendance claims are being held up: “pension poachers.”
Aid and Attendance or Improved Pension is a benefit available to disabled or aging wartime veterans or surviving spouses of a veteran who now need some assistance paying for care. This benefit, for those who qualify, helps replace income being used to pay for medical expenses, including caregivers at home, or adult day care, or care in a facility personal care or skilled nursing. The application is relatively simple, especially compared to that needed for Medicaid eligibility. However, there is an asset limit which is where the so-called “pension poachers” come in.
The VA has a prohibition against paying for expert help, theoretically to prevent lawyers from making the application process adversarial. This prohibition dates back to Civil War times. However, in modern times, the inability to use expert help (or at least for experts to charge for services) has had the opposite effect. Many families learn about the Aid and Attendance benefit from
