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Local veterans, surviving spouses seek help navigating changes in pension rules

By Amy Fauth afauth@heraldstandard.Com 4 min read
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With recent, significant changes to veterans’ pension benefits, local veterans’ affairs personnel have been meeting with veterans and surviving spouses to steer them through the lengthy and comprehensive process of applying for the needs-based benefit through the state Department of Veterans Affairs.

The new rules, which took effect late last year, dramatically change the current asset and income qualifications for veterans who are applying. The benefits are for veterans who had wartime service and their surviving spouses.

Madonna Nicklow, director of Fayette County Veterans Affairs, said her office, which offers services to the more than 13,000 veterans in the county, has been seeing a lot more veterans mostly due to the higher net worth qualifications that are part of the new rules.

Under the new rules, the VA will impose a limit on net worth equal to the maximum community spouse resource allowance for Medicaid. In 2018, this number was $123,600 and would increase by the same percentage as the cost-of-living increase for Social Security benefits. “Net worth” is described as all assets and annual income of the applicant, which also includes the assets of the spouse. When just a surviving spouse is applying, only those assets are counted.

There are some assets that can be excluded from the “net worth” calculation, which is why veterans and surviving spouses are encouraged to seek certified and expert advice from accredited veterans’ affairs personnel when completing the application process.

“The paperwork has changed,” said Matt Zamosky, who heads up Westmoreland CountyĢƵ Veterans Affairs office. “Veterans and their spouses need to know where to go. Every county has an office like mine.”

Nicklow echoed ZamoskyĢƵ sentiments and encouraged anyone with questions to contact her office to get a full explanation of the new regulations. All of her staff, and the staff of every county office, are Department of Veteran Affairs-certified to file claims, she said.

One of the biggest changes is the look-back period and an imposition of a penalty for gifts or an uncompensated transfer of assets. This new three-year look-back period goes from the time of application. Under the old rules, the VA allowed gifts to qualify for benefits with no penalty. Now, for a veteran who gifts an asset for less than fair market value, a penalty is imposed provided the amount transferred exceeded the net worth limit.

“A look-back period means the 36-month period immediately preceding the date on which the VA receives either an original pension claim or a new pension claim after a period of non-entitlement,” said Nicklow. “If the net worth is achieved due to gifting assets, there is a penalty period.”

In addition, Nicklow said there has been a longer waiting period for veterans and surviving spouses to receive benefits, so she suggested not delaying the application for benefits.

ItĢƵ illegal for a non-accredited person to assist veterans with this process and charge a fee, but it still happens, officials said. Zamosky said there was a recent case where a woman from Pittsburgh was fined for assisting veterans with this process for profit. The woman had a personal care home, where a lot of todayĢƵ wartime veterans and their spouses reside, referring her to their residents.

Another big issue with the new regulations is procrastination on the part of those who will benefit.

“ItĢƵ a huge stack of papers that some veterans think ‘I don’t have to do this,'” said Zamosky.

While thatĢƵ true, veterans and their spouses that have a need shouldn’t let the paperwork stand in their way.

“We’ll do that for you. You just have to give us the correct information to do it,” added Zamosky.

In addition, veterans can also seek assistance at veterans’ service organizations like the American Legion, VFW, Disabled American Veterans or others, who can refer veterans to a professional services office.

There are nearly 30,000 veterans in Westmoreland County.

“Our job is to help people get through this the best we can,” said Zamosky.

To contact the Veterans Affairs office in Fayette County, call 724-430-1241. In Westmoreland County, call 724-830-3530.

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