Confleciting info.re Aid & Attendance status once eligible for Medicaid

[bunchito]

Hello,  I apologize for the lengthy post. After 11 months of discouragement even from my congressman, my mom was finally approved for A & A in Apr. 08. At end of Aug, she went into rehab at a nursing home and on 9/15 she was transferred to long term care because she is not appropriate to return to her ALF (Assisted. Liv. Fac) Now the fun starts. I contacted the VA on 12/29 to report that my mom had applied for Medicaid. I was told to contact them when she is approved and to continue to keep any checks that she receives because "The VA does not take back returned checks." 3 weeks a go I called to report that mom has been approved for Medicaid. I asked about her uncashed Apr. & May checks and I am told that they must be returned. Also instructed that my mom may be required to return 7 months of checks minus her $90.00 pension even though the nursing home is expecting me to give them the VA checks as part of her income contribution to the nursing home. Am also told that they will send me a form to complete to document her med. exps. not covered by Medicaid. This week, I call the VA and am told to deposit the Apr. & May checks and to have the nursing home complete form 21-0779 and have my mom complete 21-4138  and then fax them to the VA and await their decsion re what to do about her VA A & A checks. The nursing home expects us to pay them over $11,000 from her Soc. Sec. minus $50.00 per mo. and her VA benefit checks  minus $90.00 per month. I was going to use some of this money to set up a funeral trust. She certainly can not return the $ to the VA and also pay the nursing home the VA income.  Receiving such widely conflicting info.is maddening. Is there any way that she can keep her A & A money while she was waiting for Medicaid to determine her eligibility? Am hoping that I can use the VA exp report to justify keeping her A & A checks even if it means that this money has to be turned over to the nursing home. She will then be with out any financial cushion whatsoever!

[Fit2009]

Oh boy!  I hope this helps and isn't even more frustrating -
1.  Each state makes their own rules regarding the handling of the A&A portion of the award - so find out what your states regulations are - Some states actually preclude Medicaid from taking the ~$300 designated as A&A (remainder is Basic Pension)
2. The VA wants to know if she still met the financial criteria to during the months she was in the nursing home - so from the month she went in, did her unreimbursed medical expenses exceed her income?

In a nutshell, you are being asked to do a lot of paperwork to figure out who gets the money - VA or Medicaid (both the Federal Gov't) and usually people send the amount less $90 back to the VA and adjust their Medicaid income figures to just be done with it - IMP only if your state rules allow her to keep the A&A portion of the award is it worth figuring it out.

[MJ]

"only if your state rules allow her to keep the A&A portion of the award is it worth figuring it out."

I am wondering how you find out whether your state allows you to keep the A&A portion of the award. Does anyone know the best way to find this information?

[Fit2009]

what state does your mother live in?