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Veterans Day MCLE Seminar DuPage Judicial Center – Attorney Resource Center

11/14/18

12:00pm-12:30pm Lunch and recognition of Veterans

12:30pm Keynote Speaker – Rear Admiral (ret) Dr. Ann Rondeau – President – College of DuPage, President Designate of the US Naval Postgraduate School

MCLE Program

1:00pm Mental Health and Wellness Issues of the Veterans Community – Jamie Martinez, Executive Director – Illinois Joining Forces

Special Presentation on the DuPage County Veterans Court – Hon. James Konetski – Illinois 18th Judicial Court

2:00pm Defending Veterans from Financial Exploitation – R. Dennis Smith, Project Manager – John Marshall Law School Fair Lending Project

Special Presentation on Pro Bono Opportunities with the Illinois Armed Forces Legal Action Network – Michael Bergmann, Executive Director – Public Interest Law Initiative

3:00pm Veterans Benefits: Living with Honor when Help is Needed – Karen Mills, Strohschein Law Group

DCBA Events: 11/15/18 – New Member Reception & Happy Hour at DOC Wine Bar

11/26/18 - Professional Responsibility PRMCLE Mtg – Civility in the Courtroom

12/5/18 – DCBA Holiday Party at Danada House in Wheaton

Earn CLE Online!

DCBA OnDemand CLE is Now Powered by IICLE The Illinois Institute for Continuing Legal Education (IICLE®) and the DuPage County Bar Association (DCBA) are excited to offer a new IICLE®Share collaboration to provide DCBA members a high quality and reliable online learning experience. Members can find the link to The Illinois Institute for Continuing Legal Education (IICLE) on the DCBA website under “Legal Community”OnDemand CLE Online CLE Catalog

View & Print All CLE Certificates through the DCBA Website:

Manage Profile -> Professional Development (under content & features) and choose the icon to the left of each meeting to print your certificate directly or choose to have them emailed to you to save to your computer (you MUST be logged in to view this feature)

Lieutenant Colonel (R) Jaime Martinez, born and raised in Chicago and served in the United States Army for 26 years in the Infantry. Martinez’ service included numerous combat deployments to Panama, the Gulf War, Iraq, and Afghanistan. When not deployed, Jaime was assigned as a policy advisor at the Pentagon, the White House, and the United States Senate. Upon his retirement from Walter Reed Army Hospital, Jaime returned home to Illinois to continue his public service. First as a Staff Attorney assisting veterans with claims and legal issues in legal clinics; General Counsel to the Illinois Department of Veterans’ Affairs; Senior Counsel to Student Veterans of America (National) and the Board of Directors; and as Senior Program Manager and Supervising Attorney, Illinois Armed Forces Legal Aid Network (IL‐AFLAN) – the first in its kind statewide legal aid network for all veterans and military members. Jaime currently serves as the Executive Director, Illinois Joining Forces Foundation, and as a change agent of Growth and Wellness principles, IJF has regained premium status as a statewide public private partnership that works directly with veterans and communities to increase awareness and support older generation veterans, improve access for programs for rural veterans, and increase recognition and support to all women veterans – through his efforts communities are now better connected to services to directly support veterans and their families which will lead to more effective policy development for statewide programs.

CONTINUING LEGAL EDUCATION SPEAKER BIOGRAPHICAL DATA

Name: R. Dennis Smith Date: October 30, 2018 Organization/Firm: The John Marshall Law School Title: Project Manager Fair Lending and Home Preservation Law Project

Dennis is the Project Manager for the John Marshall Law School’s Fair Lending and Home Preservation Law Project. The project’s current focus is outreach education to help protect seniors from financial exploitation. He is a 2010 graduate of the John Marshall Law School with a certificate in Elder Law. As an adjunct professor, Dennis has taught classes on reverse mortgages and predatory consumer lending in conjunction with the school’s Pro Bono and Veterans Legal Support Clinics. Before his legal career, Dennis was the president and general manager of a Chicago-based national commercial construction company. Prior to this position, he was a senior consultant with an international firm specializing in the construction industry where he provided project management consulting services for commercial and industrial construction projects throughout the U.S. as well as in Canada, the Philippines, and South Africa. During a 23-year active duty career with the U.S. Air Force, Dennis served in a variety of operational, staff, and command assignments in the U.S. and overseas, including a combat tour in Vietnam. He also served as a staff officer in the Office of the Secretary of Defense in the Pentagon and is a graduate of the Air War College. He retired in 1991 in the rank of Lieutenant Colonel. His military decorations include: the Bronze Star Medal, six Meritorious Service and Commendation Medals, the Vietnam Campaign Medal with four bronze stars, and the Gallantry Cross with Palm. In addition to his law degree, Dennis has an MBA from the University of Colorado (1993), a master's degree in Public Administration from the University of Oklahoma (1987), and an undergraduate degree in Political Science from the University of Utah (1968). Dennis is a member of the American Bar Association, the Illinois State Bar Association, and the Chicago Bar Association. He is also an active member of American Legion Post 758 in Chicago.

Michael G. Bergmann Executive Director Public Interest Law Initiative (PILI)

Michael has served as PILI’s Executive Director since 2010. He originally joined PILI in 2006 as Pro Bono Initiative Director and more recently served as Director of Programs. Prior to joining PILI, Michael served as the Guardian Ad Litem Program Director for Chicago Volunteer Legal Services.

Michael is a frequent speaker on issues relating to legal aid, pro bono and public interest law at the state and national level. He is an Adjunct Professor at the DePaul University College of Law, where he also serves on the Dean’s Advisory Council. He also serves on the Advisory Board of the Chicago Lawyer Chapter of the American Constitution Society and the National Association for Law Placement’s PSJD Advisory Group. He also served on the Cook County Elder Justice Center Task Force for the Elder Law and Miscellaneous Remedies Division for the Circuit Court of Cook County.

An active member of the American Bar Association, Michael is currently serving as Chair of the Section Officers Conference and in the ABA’s House of Delegates. He previously served as Chair of the ABA’s Judicial Division; only the third non-judge to hold that post. He is also a past chair of both the ABA Young Lawyers Division and of the Lawyers Conference of the Judicial Division. Michael is also a member of the Illinois State Bar Association where he serves on and is a past chair of the Standing Committee on the Delivery of Legal Services, and serves on the Bench & Bar Section Council and the ISBA Assembly. Frequently recognized for his contributions to the bar and the public, Michael was most recently named one of “40 Under 40 Illinois Attorneys to Watch” in 2013 by the Law Bulletin Publishing Company.

Michael attended The Catholic University of America in Washington, D.C., where he earned his Bachelor of Arts in Politics. He received his Juris Doctor from DePaul University College of Law. Prior to and during law school, Michael was a consultant with PricewaterhouseCoopers LLP.

Dupage County Bar Association’s Veteran’s Day CLE Program November 14, 2018 Veterans in Illinois and their unique needs for consideration when they are your client… ______________________________________________________________________________ During this presentation attendees will be informed of the current state of veteran issues facing them in the State of Illinois and Dupage County and the resources available to support them during representation.

Demographics and the challenges throughout the state

o Department of Veteran Affairs o Department of Housing and Urban Development o Department of Labor o State resources

Illinois Department of Veteran Affairs

Veteran Service Officers

Veteran Homes

Veteran Benefits Illinois Department of Commerce and Economic Development Veteran Owned Small Businesses/Disabled Veteran Small Businesses

o County resources

Illinois Joining Forces

o Growth and Wellness principles – Taylor Colliau o Veteran Support Communities – Jim Dolan o IJF Coordination Center – 877‐236‐7702 (M‐F 8 a.m. – 5 p.m.) o Women Veteran Ambassador Program – Abbie Holland Schmit o Peer‐to‐Peer Counseling – Jim Dolan o Corporate and Foundation Support o Policy Development – Carlos Luna

Key Partners

o The McCormick Foundation o The Boeing Corporation o Road Home Program/Rush Hospital System o USO Illinois o Illinois Armed Forces Legal Aid Network (IL‐AFLAN) o Chicago Veterans o Allen Lynch Foundation

Legal Issues facing veterans

o Civil legal matters Landlord/tenant disputes Consumer law Elderly law Family law

o Criminal legal issues

Veteran Treatment Courts Impact of PTS [?] Substance abuse Domestic violence Expungement Restorative Justice and reintegration from prison

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Protecting Veterans from Financial Exploitation

DuPage County Bar Association Veterans Day CLE ProgramNovember 14, 2018

Attorney R. Dennis Smith, Lt. Col. USAF ret. The John Marshall Law School

Learning objectives: Become familiar with legal definition of adult financial

exploitation, governing Illinois statutes, steps seniors can take to protect themselves

Understand why veterans are particularly susceptible to financial fraud

Learn about some of the common financial frauds and scams that target veterans.

Examine recent rule changes by the VA to help deter “pension poaching” schemes

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Adult Financial Exploitation: Adult Protective Services Act (320 ILCS 20/)

Eligible adult: 320 ILCS 20/2(e) Either an adult with disabilities aged 18 through 59 or a person aged 60 or

older who resides in a domestic living situation and is, or is alleged to be, abused, neglected, or financially exploited by another individual or who neglects himself or herself.

Domestic Living Situation: 320 ILCS 20/2(d) A residence where the eligible adult at the time of the report lives alone or

with his or her family or a caregiver, or others, or other community-based unlicensed facility, but is not one of the excluded facilities enumerated in paragraphs 20/2(d)(1-9).

Financial Exploitation: 320 ILCS 20/2(f-l) The use of an eligible adult's resources by another to the disadvantage of

that adult or the profit or advantage of a person other than that adult.

Financial exploitation of an elderly person or a person with a disability (720 ILCS 5/17-56)

(a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with that person and

knowingly and by deception or intimidation obtains control over the property of that person, or

illegally uses their assets or resources

(c)(1) “Elderly person” is anyone 60 years of age or older (c)(2) “Person with a disability” is a person who suffers from a

physical or mental condition that impairs their physical or mental ability to independently manage his or her property or financial resources.

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(c)(3) “Intimidation” is any communication to an elderly person or person with a disability that threatens the deprivation of food and nutrition, shelter, prescribed medication or medical care and treatment.

(c)(3) “Intimidation” also incorporates the provisions of 720 ILCS 5/12-6(a) that include: Threats of physical harm to any person or their property, Threats of physical confinement or restraint, Accusations of an offense, or Exposing any person to hatred, contempt or ridicule

(c)(4) “Deception” is a misrepresentation or concealment of material fact relating to the terms of a contract, or the use of misrepresentation, false pretense or false promise to induce an elderly person or person with a disability to enter into a contract or agreement.


A person stands in a position of trust and confidence with an elderly person or person with a disability when he or she: Is a parent, spouse, adult child, or other relative by blood or marriage,

Is a joint tenant or tenant in common with that person,

Has a legal or fiduciary relationship with that person,

Is a financial planning or investment professional, or

Is a paid or unpaid caregiver for that person

The illegal use of the assets includes, but is not limited to: Misappropriation of those assets by undue influence, breach of fiduciary

relationship, fraud, deception, extortion, or

Use of the assets or resources contrary to law

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Seniors are particularly vulnerable targets for financial exploitation

Attractive victims: accumulated wealth, regular income Financial concerns: outliving savings, rising health care costs,

inflation, estate planning, consumer debt Final years in sight Facing prospect of losing independence and social status Facing reality of limitations of advancing age

Health Mental acuity

Unfamiliarity with financial matters Confusion with rapidly changing technology Surviving spouse who did not handle family finances

Typical indications of financial exploitation

Unpaid bills despite having adequate funds to pay them Disappearance of personal property and valuable possessions Disproportionate gifts Transfer of property Financial transactions senior cannot explain Inappropriate bank activity – ATM withdrawal on home-bound

senior’s account Unexpected change of financial account beneficiaries Forged signatures

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Typical examples of financial exploitation

Theft and forged indorsement of pension checks Identity theft Misuse of funds in joint checking account Real estate fraud such as extorted quit claim deeds or reverse

mortgages taken out by family members Misuse or misappropriation of personal property by fraud,

misrepresentation, duress Abuse of power of attorney agency or guardianship authority

Much financial exploitation of seniors goes unreported

2016 Illinois Department on Ageing report indicated 80% of abuse (of all types) committed by family members

Most financial abuse of seniors committed by people in a position of trust

Victim may be: Ashamed or embarrassed to admit to being victimized,

Reluctant or unwilling to accuse a caregiver or loved one,

Fearful of consequences: Abandonment

Loss of care

Loss of independent living

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Potential legal Remedies

Access Orders (320 ILCS 20/13, 13.5 Citation of Discover and Recover Assets (755 ILCS 5/16-1, 16-2) Orders of Protection Temporary Restraining Orders Guardianship Criminal

Commonly used legal theories

Incapacity: Victim lacked requisite legal capacity

to give consent

Sign a document or understand its meaning

Undue influence, coercion, duress Victim was rendered unable to voluntarily exercise free will

Establish that a caregiver made victim reliant on abuser such that victim assumed a subservient role

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Ethical issues related to working with adult financial abuse victims

Recognizing who is the client, particularly if the client has diminished capacity.

Knowing what Rules of Professional Conduct and legal standards apply to representing clients with diminished capacity

Understanding reporting requirements and range of protective actions

Following good practice guidelines for working with clients with diminished capacity Maintain as normal a lawyer/client relationship as possible Avoid conflicts and preserve confidentiality to greatest extent possible Take protective action only when necessary and only to the extent

necessary

Prevention is best defense against financial exploitation

Set up financial plan in advance including: Wills and/or trusts, durable powers of attorney (health and property), insurance. Consider credit freezes of credit bureau accounts

Direct deposit of all income payments (employment and retirement)

Avoid having a single person handle all financial matters

Confirm criminal background screenings and insurance coverage of home care providers

Protect financial and medical information Keep checks in a secure place

Consider a convenience account if assistance is needed to pay bills

Shred all documents with identifiable personal or account information before discarding them

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Prevention is best defense against financial exploitation

Protect personal / financial / medical identity Remove address labels from magazines, catalogs, junk mail, and packages

before disposing of them Shred ALL documents with identifying information before discarding them

Use safe on-line shopping practices Understand and company’s return policy and procedures Use only secure coding protocols (e.g. https://www vs. http://www) Credit card benefits over debit card disadvantages Link on-line payment system (e.g. PayPal) to credit card vs. link to bank

account. Increase strength of passwords Type in URL vs. clicking link to site Avoid “auto-reload” options

Common frauds and scams that target seniors

Identity and credit theft Medical identity theft IRS scams Technical support scams Credit repair scams Lottery and fake travel prize scams Grandparent scams Charity fraud

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Key findings of 2017 AARP Survey “Under Fire: Military Veterans and Consumer Fraud in the U.S.”

Veterans more likely to be victimized by financial fraud than non-veterans

Veteran fraud victims differ from non-victim veterans. Veteran victims of financial fraud more likely to: Have a significant amount of debt

Experience family or relationship problems

Have a serious injury or illness

Suffer from loneliness, mental health issues, or addiction

Veteran financial fraud victims also more likely to:

Trust people who represent that they served in the military than those who have not

Donate to charities that purportedly support services and veterans Take greater monetary risk if offered a substantial potential payoff Purchase a product or service in response to a phone call or

unsolicited email from someone with whom they have not had previous business dealings

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Veterans lost more money to these types of scams than did non-veterans – AARP Survey

Credit card scams Tech support scams Business opportunity scams Credit report scams Fraudulent employment scams Phony lottery and travel scams Investment scams Bogus debt collection scams Email phishing attempts

Types of frauds and scams that specifically target veterans

Affinity fraud: scammer claims to be veteran working for organization that supports other veterans

Benefits fraud: scammer charges a fee for forms or records, or for services available from a VSO or the VA for no charge.

“Pension Poaching”: the use of a veteran’s pension eligibility to the veterans financial detriment.

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Frauds and scams that specifically target veterans

Affinity fraud Fraudulent charity solicitations

”Veteran Choice” scam

Benefits fraud Charging for forms and services that are available at no charge

Unclaimed benefits scams (at least two variants) Identity theft scam involving claims that military or VA files can be “updated”

for new benefits

Claims that increased benefits can be obtained for a fee

“Pension Poaching”: Pension Advance

Pension advance (benefits buyout): loan program where veteran makes an allotment payment from pension to lender’s bank account in exchange for deeply discounted cash advance. Loans typically made by lenders claiming not to be subject to TILA or state

usury statutes

Lenders may characterize transaction as: An “advance” rather than as a loan, or as

The “purchase of an income stream”

Cost vary, but generally much higher than a typical bank or credit union loan

Virginia Bankruptcy Court: agreement to transfer rights in a monthly pension when those payments were not yet due was in contravention of 37 U.S.C.S § 701(a). Structured Invs. Co., LLC v. Dunlap, 458 B.R. 301, 2011 Bankr. LEXIS 3534.

Instances of such lending schemes persist

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Pension Poaching: Asset reallocation schemes

Various arrangements pitched to veterans to restructure veteran’s assets to qualify for needs and means tested service pension. (38 C.F.R. 3.3(a)(3). This “improved” pension intended for veterans who: Meet specific wartime service date requirements, and Are 65 or totally disabled (not service-connected), and

Meet specific income and financial net-worth requirements

Pension frequently referred to as an “Aid and Attendance” pension and often characterized as an entitlement.

Basic asset reallocation scheme involves dishonest financial advisors (financial planners, insurance agents, attorneys) who Provide a guarantee that the veteran will qualify for a monthly pension (so

such guarantee can be made). Place veteran’s non-excluded assets into an irrevocable trust couple with the

purchase of a high-premium, low payout annuity to meet income and asset limitations

Pension Poaching: Asset reallocation schemes

In response to such abuses, VA issued final rule effect October 18, 2018 on “Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits (83 FR 47246). Requires 36-month look-back period for asset reallocation with a

presumption, absent clear and convincing evidence to the contrary, that such transfer was for the purpose of decreasing net worth to establish pension eligibility.

Defines net worth as sum of veteran’s assets and annual income spelled out in 38 U.S.C.S. § 1510 (Oct. 3, 2018)

VA may impose up to ten year ineligibility period

Adverse financial consequences can be significant if VA denies pension Irrevocable nature of such trusts

Income limitation of annuity

60-month Medicaid look back

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Resources for reporting abuse

Adult Protective Services 24-hour hotline: 866.800.1409 Illinois Senior Helpline: 800.252.8966 Center for Disability and Elder Law: 312.376.1880 Illinois AG Senior Consumer Fraud Hotline: 800.243.5377 Illinois Division of Insurance, Consumer Division: 866.445.5364 Federal Trade Commission: 877.382.4357 Misuse of veterans benefits

VA Office of the Inspector General: [email protected] 800.488.8244

Veterans Benefits Administration: 800.827.1000

VA Fiduciary Hub for Illinois: 888.407.0144

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Presented by Karen R. MillsAttorney

Veteran’s Benefits: Living with Honor When Help is Needed© 2018

Honoring America’s Heroes

“Our veterans have borne a tremendous burden for our country over the years. After they return home, we have no more sacred obligation than to serve and care for them.”

Erica Borggren, Director Illinois Department of Veterans Affairs

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Veterans By the Numbers: Conflicts

Conflict Total Service Members Total in 2017*Worldwide

World War II 16,112,566 296,547Korean Conflict 5,720,000 250,739Vietnam Era 8,744,000 1,816,795Desert Shield/Storm 2,322,000 2,196,345

* U.S. Veterans and Dependents on Benefits Rolls as of April 2017

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Veterans By the Numbers: Benefits

According to the VA Benefits & Health Care Utilization Report dated July 18, 2018, total federal benefits are payable as follows:

# of Veterans Receiving Disability Compensation 4,690,000# of Veterans Rated 100% Disabled 662,749# of Veterans Receiving VA Pension 263,644# of Spouses Receiving DIC 402,415# of Total Enrollees in VA Health Care 9,120,000

Types of Benefits Available

Veterans Health Administration (NHA)National Cemetery System/Burial Benefits

Veterans Benefits Administration

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Veterans Health Administration

The purpose of the Veteran’s Health Administration is to provide health care for prior service members. If you served in the active military, naval or air service and are separate under any condition other than dishonorable, you may qualify for VA health care benefits.

Illinois Health Programs

• Comprehensive Medical Services • Inpatient and Outpatient Care• Prescription Benefits• Vision & Dental Services• Prosthetic Services• Alcohol/Drug Treatment

• Veterans Care Program (Healthcare Coverage)• Illinois Warrior Assistance Program • Women Veterans Programs

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Veterans Health Benefits Handbook

The VA has developed a Veterans Health Benefits Handbook to provide veterans general information about the VA Medical Benefits Package. The handbook reflects the benefits and services available to enrolled veterans at the time it is published.

Visit www.va.gov/healthbenefits or call 1-877-222-VETS

VA Burial Benefits

Burial benefits include a gravesite in any of the 125 national cemeteries with available space, the opening and closing of the grave, perpetual care, a government headstone or marker, a burial flag and Presidential Memorial Certificate at no cost to the family.

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Non-Service Related Death

Benefits for Veterans who die at a VA Hospital Up to $722 burial/cremation and funeral expenses on or after 10/1/11. $722 plot-interment allowance if not buried in a National Cemetery.

Eligibility Requirements Veteran paid for a Veteran’s burial or funeral, AND Veteran has not been reimbursed by another government agency or

some other source, AND Veteran was discharged under conditions other than dishonorable, AND Other qualifying criteria listed on www.benefits.va.gov/pensionand

fiduciary/pension/claims-special-burial.asp

Service Related Death

VA will pay up to $2,000 toward burial expenses for deaths after September 11, 2001, or up to $1,500 for deaths prior to September 11, 2001. If the veteran is buried in a VA national cemetery, some or all of the cost of transporting the deceased may be reimbursed.

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Veterans Benefits Administration

The Veteran’s Benefits Administration oversees the benefits programs providing cash assistance for eligible veterans including:

Compensation for Service-Connected Disabilities Education and Training Home Loan Guarantees Disability and Indemnity Compensation for Surviving

Spouses and Dependents

Special Monthly Pension (House Bound & A&A) Specially Adapted Housing Life Insurance Benefits

Service Connected Compensation

Service Connected Compensation is a benefit that is directly related to the veteran’s service and what happened to the veteran while he or she was serving. The service connected compensation benefit is comparable to worker’s compensation benefits for an injury in the private sector work force.

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Compensation Related to Agent Orange

If the veteran served in Vietnam during his or her service, the following health issues are presumptively linked to the veteran’s exposure to Agent Orange.

Parkinson’s DiseaseMany forms of Cancer

DiabetesCertain birth defects in children of Vietnam and Korea veterans

Lou Gehrig's Disease

New Improved Pension

In 1952 Congress created a non-service connected disability pension to assist qualified Veterans or their surviving spouses to purchase un-reimbursed long-term care.

On January 1, 1979 the “New Improved Pension” became available and is the only program in which new applications may be filed.

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Special Monthly Pension

Low Income Pension ($)

Housebound Pension ($$)

Aid and Attendance Pension ($$$)

VA’s Policy Manual

The VA’s policy manual specifically states that the pension program is not intended to protect substantial assets or preserve an estate for a beneficiary’s heirs.

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Eligibility Criteria

There are three basic criteria for a Veteran or a Widow(er) of a Veteran to receive an Improved Pension:

• 90 days of consecutive active duty• Served at least ONE DAY during war time period• A discharge other than dishonorable

Dates of Service for War Time Period

World War I (04/06/17-11/11/18)World War II (12/07/41 – 12/31/46)Korean War (06/27/50 – 01/31/55)Vietnam War (08/05/64 – 05/07/75)*Gulf Conflict (08/02/90 – present)

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The Need for Pension

Each fiscal year, the Veteran’s Administration provides $4 billion in pension benefits for approximately 500,000 recipients.

315,000 pension recipients were veterans and about 200,000 were survivors

About 330,000 recipients were over 65 and the average age was 71 for veterans and 79 for survivors

Average annual payments are nearly $10,000 for veterans and $6,000 for survivors

New Rules for Income & Assets

The new net worth limit is equal to the maximum Community Spouse Resource Allowance (under Federal Medicaid laws) which is currently $123,600

• The amount increases per the Social Security benefit increase percentage each year• The home is not counted as part of the net worth calculation• Includes all income and assets excluding the home plus 2 acres, personal effects, vehicles

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Income Limits

The Claimant’s Gross Income cannot exceed $123,600, however, there are certain permissible deductions from income and assets, as follows:

Medical ExpensesHealth Care and Insurance Premiums/DeductiblesPrescriptions, hearing aids, transportation, etc.In Home Health CareAssisted Living FacilitiesNursing Home Care

Beyond Basic Eligibility

• Permanent and Total Disability• Disability caused Without Willful Misconduct• A Signed Application

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Look Back & Penalty Period

New to the Improved Pension rules is the application of a 36 month look back period which is triggered upon the receipt of an original claim or a new claim following a period of non-entitlement• Will not apply to transfers prior to 10-18-18• Only “covered assets” that are transferred will be penalized• Starts the month after the transfer is made• Penalty period is rounded down

Tips for The Application Process

• Long term care questionnaire• List of documents needed• Multi-page application with supporting

documentation• Environment of No, Deny or Delay• Decision usually within 2-12 months• Don’t Charge Client for Application!

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What to Expect?

• Upon approval, retroactive to month following application date

• Lump sum, then monthly payout to veteran or widow directly

• Consideration of potential need for nursing home placement and Medicaid application

Who Can Qualify?

• These benefits are available to low-income wartime veterans who are age 65 and older, or who are under age 65 but are permanently and totally disabled as a result of conditions unrelated to their military service.

• Surviving spouses and their children may also be eligible for these benefits.

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Low Income Pension

The Low Income Pension is the VA’s version of SSI, which means that the benefit available is a only a small amount to offset the cost of the disabling condition.

Low Income Pension (Cont’d)

• To qualify for Low Income Pension benefits, claimants’ countable income must not exceed annual pension limits that are set by statute.

• These income limits are also the maximum annual pension payment that a beneficiary may receive.

• Such limits may vary based on whether claimants are veterans or survivors and their family composition, as well as whether claimants need aid and attendance or are considered housebound.

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Low Income Monthly Benefits for 2018

Veteran - one dependent $1,436 per monthVeteran - no dependents $1,097 per month

Veterans Pension Rate Table – Effective 12/1/17

Housebound Pension

The Special Monthly Pension with Housebound Benefit is allowed to the veteran or widow(er) of a Veteran who is disabled and essentially confined to the home. The disability can be any of the following:

• Single permanent disability rated as 100% OR• 100% disability with another 60% disability rating,

without being confined to the home OR• 65 years old or older – no rating required

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Housebound Pension Monthly Benefits for 2018



Aid & Attendance Pension

The highest level of Special Monthly Pension is with the Aid and Attendance Benefit whereby the Claimant meets one of the following requirements:

• Blind• Living in a nursing home• Unable to:

o Dress/undress or keep self clean and presentableo Attend the wants of nature without assistanceo Has a physical or mental incapacity that requires

assistance on a regular basis to protect Claimant from daily environmental hazards

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Aid & Attendance PensionMonthly Benefits for 2018



No, Deny & Delay

From the date of application until the date that benefits start can be anywhere from 3 months to 12 months.

Our goal is to assist in any reasonable way to improve the timing and success rate of a Claimant’s application.

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Application Process

There are limitations set out by the VA as to who can represent a Claimant when applying for benefits…

1. The Veteran for him/herself2. Accredited service organization representatives3. One-time power of attorney agents (ie: family)4. Attorneys in good standing AND who have been

accredited through the VA (verify at www.va.gov)

Attorney’s Fees

Organizations or individuals, including lawyers, are not permitted to charge fees for assisting a client with completing and filing applications.

No fees for the “preparation, presentation, or prosecution of claims.”

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Attorneys Fees – Planning

Attorneys can charge for VA Benefits Planning which may include some of the following:

• Reviewing eligibility status• Devising a plan to become eligible• Drafting necessary documentation to effectuate the

Plan (Personal Services Contracts, Trusts and other estate planning documents, Deeds, Leases, Mortgages, etc.)

Attorneys Fees - Appeals

If a claim is denied altogether or approved for fewer benefits than expected, reasonable fees can be charged AFTER a Notice of Disagreement (NOD) has been Filed. Fees of 20% of past due benefits are presumed reasonable.

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Other Benefits for Veterans

Education and Training

• Montgomery GI Bill• Veterans Educational Assistance Program• Post 9/11 GI Bill• Yellow Ribbon GI Education Enhancement Program• Work Study Program• Troops to Teachers• Illinois Veteran and National Guard Grants• Scholarship and Aid Opportunities

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Employment Benefits

• Vocational Rehabilitation and Employment (VR&E)• Veterans Preference for Federal and State Jobs• Jobs for Vets• Employment Assistance for Air National Guard• Veterans Care Program• Veterans Tax Credit• Illinois Re-employment Rights• Traumatic Brain Injury and Post Traumatic Stress

Disorder

Housing Benefits

• Home Loan Guaranty (conditional)• Illinois GI Home Credit Program• Specially Adapted Housing Tax Exemption• Disabled Veterans Tax Exemption for Mobile Home• Returning Veterans’ Homestead Exemptions

(RVHE)• Disabled Veterans’ Standard Homestead Exemption

(DVSHE)• Specially Adapted Housing Grant• Illinois Veterans’ Homes

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Bonuses

The State of Illinois offers a onetime bonus for Veterans who served honorably during a time of war. Certain medals are needed to quality. Veterans or their survivors may apply at their nearest service office.

Other Programs

• Camping and Admission Fees• Fishing and Hunting Licenses• Transportation• Veterans Conservation Corps• Veterans Cash Grant – Veteran of the Month,

Military Family Relief Fund, Incarcerated Veterans Program and License Plates and Parking

• American Red Cross

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Protecting What Matters

Planning for the long term care needs of a Veteran who needs full time care can be complicated and time consuming, but the time to act is now! With proper planning, you will be confident that you’ve taken the best steps possible to protect what matters the most.

Questions for the VA?

Illinois Department of Veterans Affairs83 S. Spring St.P.O. Box 19432

Springfield, Illinois 62794-94321-800-437-9824

www.veterans.illinois.gov

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Questions for Your Speaker?

Strohschein Law Group, LLC455 Dunham Road, Suite 200

St. Charles, Illinois 60174(630) 377-3241

www.StrohscheinLawGroup.com

Resources

http://www.dhs.state.il.us/page.aspx/item=4107Department of Veterans Affairs, Office of Data Governance and Analytics, Veteran Population Projections Model Prepared July 2018Title 38 of the United States Code relative to Veteran’s BenefitsSection 38 of the Code of Federal Register Veterans Benefit Manual published by Lexis NexisM21-1 and M21-MR Adjudication Manual published by Lexis Nexiswww.medicare.govwww.socialsecurity.govwww.e-geriatric.net/index/htmlwww.nih.gov/nia

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Great Resources for Veterans Starting a

BusinessSOURCE: JEFF WHITE | FIT SMALL BUSINESS (FEBRUARY 5, 2017)

PRESENTED BY BRADLEY H. COSTELLO | COSTELLO LEGAL SERVICES, LTD.

Get Registered as a Veteran Owned Business at the VA’s OSDBU (also known as VetBiz)

If you are not currently registered as a veteran owned business then you should do this first. The OSDBU’s (Office of Small & Disadvantaged Business Utilization) verification process allows veteran business owners to be listed in the VetBiz directory. Once listed they can qualify for certain government contract processes that are reserved only for veteran owned businesses. This certification can also be important for qualifying for certain types of veteran financing programs.

The OSDBU also has an entrepreneurial portal with information on doing business with the VA and other government agencies. This portal provides step by step guides for all the OSDBU’s verification processes.

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BusinessUSA Resources for Veterans

BusinessUSA is a government website that has a large number of tools, trainings, and listed resources that can help veterans start and improve their businesses. They pool information and resources from a number of different agencies but make it easy to navigate with a short quiz that will identify specific government resources most applicable to you and your business.

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StreetShares – Small Business Loans For Veterans

StreetShares provides loans of $5k – $100k to businesses that have made it past the 1-year mark. Their loans have repayment terms of 3 to 36 months, come with APRs that start at 8%, and only require a minimum of $25,000 in revenue. StreetShares has made a commitment to provide good, low-cost small business loans to veteran owned businesses and businesses owned by a veteran’s family member. Their online application takes just a few minutes and they can get you funded in about 1 week.

StreetShares does more than just lend to veteran owned small businesses. TheStreetShares Foundation gives away cash awards to veteran owned businesses every month. To qualify you simply need to fill out an application consisting of your business idea, the use of funds, some background information, and how your business will influence the veteran community. StreetShares picks the top 5 – 10 finalists and posts them on their website for the public to vote on. The top 3 vote-getters will be given cash awards of $5,000, $3,000, and $2,000. This is not a loan and your business will never have to pay it back.

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SBA Veterans Advantage Loan Program

The Small Business Administration’s Veteran Advantage Loan Program, housed under the Express Loan program, expedites applications for government-backed loans of up to $350,000. You are guaranteed a response to your application within 36 hours. Typically you’ll need a credit score above 680 to qualify for an SBA loan. Check your score here for free.

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VetFran – Resources For Franchising Opportunities

VetFran provides a host of resources with the mission of helping veterans and their spouses get access to franchising opportunities. VetFran’swebsite helps veterans determine whether or not a franchising opportunity is right for them, and which types of franchises might be a good fit. You can become a member of their network of over 650 franchise brands and other partners. These network companies provide financial discounts, mentorships, and training to veterans who own a franchise or are looking to operate a franchise.

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Women Veterans Igniting the Spirit of Entrepreneurship (V-WISE)

V-Wise is an SBA-sponsored training program for women veterans. The 3-day conference provides advice on starting a business as well as growing an existing business. It’s a great networking opportunity as it attracts other business owners or business owners-to-be from around the country. Hotel accommodation, all meals except one, and books/program materials are entirely covered. You are responsible for travel to and from the conference.

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Entrepreneurship Bootcamp for Veterans with Disabilities (EBV)

The Institute for Veterans and Military Families at Syracuse University started the EBV program with the goal of creating entrepreneurs by the end of the 3 phase program. Phase 1 is a 30-day instructor led online course covering the basics of owning and running a business. Phase 2 is a 9-day residency at a host university where students tackle business issues hands on. Finally, Phase 3 involves 12 months of ongoing support from EBV mentors, a great resource if you have questions (and you’re likely to!) after setting up your business. Travel expenses, lodging, meals, program materials, textbooks, and all other costs are covered by the program.

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The Bunker – Startup Incubator

The Bunker is an incubator for veteran-owned technology startups. For six months, The Bunker will provide you with office space where you can work on your business, talk to a network of fellow entrepreneurs, obtain mentorship and professional development, and access capital from investors. There are roundtable conversations, networking events, and a speaker series designed for the businesses in the program.

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SCORE Veteran Fast Launch Initiative –Free Software and Templates

The SCORE Foundation has a network of over 13,000 mentors, trainers, and partners. Through this network, as part of their Veteran Fast Launch Initiative, SCORE provides numerous resources. This includes free business workshops; one-on-one mentoring; free business calculators, templates, and spreadsheets; and 5 free hours of financial advice from a Certified Public Accountant. There are 320 chapters, so you can go into a local SCORE office today for more info.

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Hivers and Strivers — Investment in Veteran-Owned Businesses

Hivers and Strivers, an angel investment firm, focuses on early stage investments to support startup companies founded and run by graduates of the U.S. Military Academies (West Point, Coast Guard, Annapolis, and Air Force). The firm invests anywhere from $250,000 to $1 million in a single round. If you’re seeking more than $1 million, you can use the Hivers and Strivers network to find other investors. Veterans can complete an online application.

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Vocational Rehabilitation & Employment Program for Disabled Vets

The U.S. Department of Veterans Affairs runs a Vocational Rehabilitation & Employment (V&RE) Program for veterans that have become disabled as a result of their service. The seriousness of the service-connected disability determines the amount of funding you can receive. Veterans can receive grants for the purchase of inventory, supplies, licensing fees, and essential equipment. Applicants must submit a complete business plan before they can be considered for funding. We recommend using LivePlan business plan software to make drawing up a business plan easier. They have many templates and examples to choose from plus they have a 60-day money back guarantee.

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Startup Veterans – Hands On Training Program

Startup Veterans runs a 16 week online program aimed at launching a new business. This program is not a passive experience where you watch webinars at your convenience. You actively participate in the program through interactive lessons and submit hands-on assignments. A huge advantage to the program being delivered online is that the mentors can be matched to your needs instead of just matching you with the mentor that lives close by. The program requires an online application and phone interview to qualify. If you are accepted then the program costs $1,800 for veterans to participate.

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Veterans’ Opportunity Fund – Venture Capital

The Veterans’ Opportunity Fund, run by TCP Venture Capital, invests up to $3 million in high-growth veteran-owned businesses. They focus on east coast businesses involved in technology, healthcare, and business services. To be considered, you should have some early revenue or a prototype product or service that can be evaluated. If you want to avoid diluting your equity by taking a VC investment, you might be interested in reading about revenue based financing.

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SBA Operation Boots to Business Training Program

The SBA-run Operation Boots to Business is a training program that is part of the U.S. Department of Defense’s Transition Assistance Program. Boots to Business provides entrepreneurship training to veterans, beginning with a 2-day course introduction to entrepreneurship and continuing with a rigorous 8-week instructor-led course at a local university. The curriculum includes business concepts (e.g. accounting), the knowledge required to develop a business plan, and information on other SBA resources available for veterans.

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System For Award Management – Vendor Registration For Government Contracts

The system for award management (SAM) is a government run online portal where all businesses must register if they want to do business with the federal government. All registered vendors show up on the data list through SAM, where government employees do searches to determine vendor eligibility for new contracts. If your veteran owned business plans to bid for government contracts, make sure you’ve registered on SAM.

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SBA Veterans Business Outreach Centers

The SBA offers a program that provides counseling, mentoring, and training for veterans starting a business. They offer these services through 15 participating organizations in outreach centers across the United States. Check out their locations today to see where the nearest outreach centeris to you.

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Veterans Business Resource Center

The Veterans Business Resource Center offers free training webinars and free boots to business events for veterans. The VBRC partners with the SBA to provide these free informational webinars (which are held most Wednesdays) for veteran entrepreneurs. They will also provide on-site consulting services, for a sliding-scale fee, to help veterans with things such as setting up Quickbooks or applying for government contracts.

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Coalition For Veteran Owned Business –Advocacy for Veteran Owned Businesses

The CVOB is an advocacy group for businesses owned by veterans and their spouses. The CVOB is a free service that promotes veteran owned businesses through B2B product awareness. You must register your business to be a part of their database that is shared with corporate partners. Once you are signed up you will be given opportunities to network with corporations that want to help grow veteran owned businesses.

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National Veteran-Owned Business Association –Advocacy for Veteran Owned Businesses

NAVOBA is an advocacy group for veteran owned businesses. As a veteran you can join the association and receive member benefits for free. One free benefit is having your business listed in their marketplace, where businesses looking to partner with veteran led businesses can find yours. You can also receive Vetrepreneur magazine and other resources that aim to keep you up to date on the benefits and opportunities for veteran owned businesses for $47 per year.

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Patriot Boot Camp

The Patriot Boot Camp is a free resource that provides in-depth entrepreneurial education through live events and mentorships. This resource is geared toward technology related businesses that are owned by veterans or their spouses. Unlike many other mentorship programs, the mentors at Patriot Boot Camp have had success in the technology space so are uniquely qualified to advise your tech startup.

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American Corporate Partners – 12 Month Mentorships

American Corporate Partners connects veterans with hand-selected mentors for a 12 month period for free. These mentors help veteran entrepreneurs make connections in the business community to aide in the start or growth of their business. Mentors are not randomly assigned to veterans. They are matched based on their familiarity with your business, industry, or your specific needs.

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GovCon Ops Consulting – Helping Veterans Get Government Contracts

GovCon Ops is a private veteran owned and operated consulting business that aims to help other veteran owned businesses receive government contracts. Veterans pay to receive schedule writing services. GovCon also provides general guidance and direction to simplify the process of finding the right government contracts to grow your business.

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HCC Fellows Program – Startup Incubator

The HCC Fellows program is a free 8-week incubator to help veterans as they launch and grow their business. Interested veterans must apply and be accepted into the program. The HCC Fellows program utilizes a combination of classes, guest speakers, and collaboration events. At the end of the incubator, participants will have the opportunity to pitch their business to investors, foundations, and community leaders.

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Fundera Veteran Business Loans Comparison

Fundera has compiled a database of their favorite resources that facilitate veteran small business owners in growing their businesses. Despite challenges veterans face in securing small business loans, several federal, corporate, and non-profit organizations offer resources specifically meant to both educate and fund veterans in their entrepreneurial endeavors. Check out this comprehensive and actionable list on Fundera’s site.

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