Saint Augustine, FL asked in Elder Law for Florida

Q: In FL, how is VA Aid and Attendance truly counted as MAGI for a surviving spouse? 2019 A&A is $1209.

I have read VA A&A is 1. totally countable medicaid income, (MAGI) 2. that only the pension portion of $735 is countable, and 3. that it is totally non-countable. She is recently in a nursing home and receiving A&A, and will be until Medicaid is applied for and approved. Then I shall notify the VA to modify it to the residual $90 non-countable monthly income after medicaid begins payments. This is very important to me because it has a direct bearing on calculating her Patient Responsibility costs. Her only asset is a checking account with Social Security and VA A&A electroinic deposits.

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2 Lawyer Answers
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
Answered
  • Elder Law Lawyer
  • Aventura, FL
  • Licensed in Florida

A: Let me give you the answer straight from the Florida Medicaid Manual 1840.0906.02 (re: Veterans Payments-Pensions)

"VA pensions are included as unearned income, excluding the amount of aid and attendance, housebound allowance, and unreimbursed medical expenses."

(So, the pension part is counted...the component that has to do with A&A / housebound / UMEs are not counted) .

Hope this helps.

David M. Goldman agrees with this answer

1 user found this answer helpful

David M. Goldman
PREMIUM
David M. Goldman
Answered
  • Elder Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Jason is correct

VA pensions are included as unearned income, excluding the amount of aid and attendance, housebound allowance, and unreimbursed medical expenses

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