Ask a Question

Can someone receive two Personal Needs Allowances?

My mother has been receiving the VA Aid and Assistance pension for about two years. She has now been approved for one of the New Jersey Medicaid programs. I know that the Personal Needs Allowance under the VA program is $90. Under the New Jersey Medicaid program it's $109. Is she entitled to just one or the other or to both allowances?

I ask this because the state wants to take her entire VA pension and turn it over to the assisted living facility where she resides. This seems to be at odds with the VA guidelines, which state that no part of the $90 monthly Improved Pension may be used to reduce the amount of Medicaid paid to a nursing facility. The guidelines, based on regulations, derive from Federal law.

As one might surmise, it's difficult to get a clear answer on this, either online or from the VA itself. If I decide to appeal to the state of New Jersey I want to make sure I have a basis for doing so.

Status: Open    Jun 20, 2016 - 07:10 AM

Medicare/Medicaid, VA Benefits

Do you have the same question? Follow this Question

2 answers

Expert Answers

Jun 27, 2016 - 07:55 AM

The money from the VA is not usually considered income by Medicaid. Medicaid can vary some from State to State. Check with an estate planning or Medicaid attorney in your area or state. You can appeal/request a fair hearing on your own. The instructions for your state are usually included with the award letter. If you do so be prepared to show the Fedaral statute that states that the payment may not be used to reduce the Medicaid payment to the SNF. Although I often say "Do not confuse your Google search with my law degree" Google may be the answer for you.

Jun 27, 2016 - 08:45 AM

I would contact the VA Fiduciary Hub and let them know what is going on as their specialists can give you an answer. Their number is (888) 407-0144, hopefully you can get a straight answer from them as most of the fiduciary investigators I have dealt with have been very knowledgeable.
Answer this question

Recently Active Members