Question:
Hello, I am a veteran from a long line of proud veterans. My mother was a WAC, my father an MP, my brother a tank mechanic, and my step father a truck driver during the Vietnam war. I have a unusual (I think) situation and need some advice. My mother did not serve during any recognized war times as defined by the VA for pensions. My father did not either, but my step father served from April 1965 to March 1966. He has since passed away. My mother is in a nursing home. She would qualify for a survivor pension, but with Medicaid paying all her bills it would not be worth it to apply.
Here is the big question. I have a sister that is mentally handicapped and unable to care for herself. She is living in the house my mother still owns and another sister is staying with her as her guardian and caregiver. My mother has cared for her for 60 years. My step father did too up until his death a few years ago. My handicapped sister (60 years old) has been handicapped from a very young age (before age one). The survivor pension says adult "children" disabled before age 18 qualify. In another section I read that children are defined as biological, adopted, and step. If this is true then my sister should qualify for a survivor pension and aid and attendance as she needs 24 hour care and supervision. She does receive SSDI, would she receive the pension instead of the SSDI or both? Thanks for your time.
Jim's Reply:
You'll need to speak with a veterans law attorney who is also qualified to talk with you about elder care legal issues. Please look here