Proposed Legislation Affects Michigan Seniors Seeking VA Benefits

Serafini, Michalowski, Derkacz & Associates

As an elder law attorney in Macomb County Michigan, not only am I concerned about developments with state law, I also keep an eye on developments with federal law. One area of particular interest remains with VA and Va benefits for wartime veterans. Recent developments in federal legislation will affect Michigan seniors that are veterans with their potential eligibility for VA benefits as part of long term care planning.

It is clear that the VA and the Senate will adopt a new lookback period in order to make it more difficult to become eligible for benefits; and, indirectly, to make sure that seniors that are otherwise eligible to receive benefits work with accredited attorneys and knowledgable elder law attorneys.

Currently, a bill remains in legislation that will:

1. Adopt a maximum divestment penalty of thirty-six (36) months for transfers made prior to application.

2. Calculate a penalty based on the value of the money and/or resource divested divided by the value of the projected benefit.

3. Create a “carryover” penalty for a surviving spouse of an applicant.

This legislation will create a need to work with an accredited advisor and attorney in order to plan proactively for benefits.

As always if you are in southeast Michigan and are a wartime veteran, please call our office to discuss planning opportunities.

Related Posts: VA Benefits 2016 Cost of Living Adjustment, Michigan Elder Law and Long Term Care Planning, VA Rule Changes, Still Time to Help Veterans

Client Reviews

Thanks so much for all your help these past five years in helping me with all the legal aspects of my folks, L & E.M's, trust. Thanks for answering all my questions. It's been a difficult last 5 years on making decisions for my father, but I'm so grateful that god blessed me with them for so many...

D.C.

I want to thank you both for all your help and hard work on my case. This certainly was good news! You both did tremendous jobs dealing with Cigna and answering my questions. Thank you and have a wonderful Christmas season!

Marc

Thank you so much for all of your help getting me thru this mess. You have no idea how much you have helped. I couldn’t have done this without you! Only one more hurdle, yay!!

B.T.

I really wanted to thank you, the way you talked with me and worked with me, it was amazing. I was dreading the experience & the deposition & you really made it very easy for me. So, thank you very much for a job well done.

H.H.

Contact Us

  1. 1 Free Consultation
  2. 2 No Fee Guarantee (for Contingent Fee Work)
  3. 3 Let Us Answer Your Questions
Fill out the contact form or call us at (866) 529-3537 to schedule your free consultation.

Leave Us a Message