VA In-Home Supportive Services (IHSS)

Question:

Currently my 86 year old 100% disabled husband receives IHSS (and I am his caregiver)- but we need to move out of California and won't be eligible for similar programs for at least 6 months. So we are trying to get a non service connected pension with Aid and Attendant- but were denied when we first applied. I see that you say that IHSS (needs based program) is not counted as income... is there a VA source for that? We are going to reapply but I need information to support his claim. Thanks! PS I know that once he received the pension and A&A, the IHSS would no longer be applied.

Jim's Reply:

I'm sorry but I'm a little confused. You say your veteran is "100% disabled" but you don't specify who has rated him as 100% disabled? If he has a VA rating of 100%, that changes everything you're doing. If he receives a 100% disability rating, he isn't eligible for a VA pension...the rating will make his income too high. I'm not sure where I made a comment about IHSS not being income? Reading the way that IHSS pays employees it sounds as if the beneficiary would be a pass through but you'd need a tax pro who knows the local laws to be sure.  In any case, I can't advise that you should depend on VA to help you with making timely, favorable decisions. Plan your move as if the VA will screw it all up and deny everything and you'll be better prepared for the reality.