Question:
My mother-in-law is a WWII veteran who lives in her own home and receives a non-service connected VA pension (not compensation), called Enhanced or Special Monthly Pension with Aid & Attendance of $1,881 per month. Her only other source of income are monthly social security benefits of $681, which is below the SSI federal benefit rate of $771.
Based on a review of SSI regulations at SI 00830.302(B)2.a, SI 00830.302(B)2.b., SI 00830.308, SI 00830.320, SI 00830.312 and 20 CFR 416.1103(a)(7) and (b)(1), which all state in one form or another that VA payments resulting from unusual medical expenses and VA allowances for Aid & Attendance are not income for SSI purposes, am I correct in thinking that she would be eligible to receive SSI benefits?
Jim's Reply:
You're asking complex legal questions that I can't provide answers for. All the regulations you cite interact with many other regs and personal details so a reliable answer just isn't that readily available. I'd offer that you may take this to an accredited veterans law attorney who can help you sort out the answer or as I often find best, go ahead and apply and let the adjudication process provide your answer.