Can I Get Both Aid & Attendance and Medicaid?

Many of my clients want to apply for both the Veterans Aid and Attendance Pension and Virginia Medicaid. Because the VA and Medicaid rules are so strict, many people are not sure whether they can get both benefits at the same time. The good news is that in Virginia, income received from the VA Aid and Attendance Pension is not counted as income for calculating your income eligibility for Medicaid home care benefits or your patient pay if you are in a nursing home. Therefore, it is possible for someone to receive both Medicaid and Aid and Attendance at the same time.

However, this statement can make it look deceptively easy to receive both benefits. In order to be qualified for the Aid and Attendance pension, you must have unreimbursed medical expenses, such as those for insurance premiums, prescription drugs and home care costs. When a person begins receiving Medicaid, his or her out of pocket medical expenses may be reduced, therefore making them ineligible for the VA pension. For a married couple, where one spouse is in a nursing home and receiving Medicaid, the VA pension may still be available because the nursing home spouse’s patient pay is considered to be a medical expense. For a person receiving Medicaid home care, there may not be enough out of pocket medical expenses to make them qualified for the VA pension. Also, for a single person, with no dependents, who is receiving Medicaid in a nursing home, the maximum VA benefit available is $90 per month.

I want you to understand that these benefits can work extremely well together. However, which benefit may be best for you or how to receive both is very dependent on your specific situation. There is no “one size fits all” when it comes to Medicaid and VA benefits planning. If you have questions about which benefit is right for you or how to correctly apply for these benefits, it is important that you consult with an experienced elder law attorney.