CHAPTER ONE: VA PENSION PRACTICE IMPLEMENTATION BASICS

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1 : VA PENSION PRACTICE IMPLEMENTATION BASICS Preparation is the key to success in starting any new business. When you decide to add a Veterans Affairs (VA) pension planning practice to your law firm or revise your firm s existing VA model, you need to be ready to wholly commit yourself to this new endeavor. To do this effectively and efficiently, you must immerse your office in every aspect of the VA Pension planning practice area. A thriving, successful VA Pension planning law firm has five distinct components that every practitioner must master. Together they are: A thorough legal knowledge of the elder law practice area A thorough legal knowledge of the VA Pension practice area combined with a working knowledge of all of the programs the VA system provides to veterans and their dependents Accreditation as a VA attorney A well developed VA Pension planning office management system A marketing plan designed to capitalize on the success of your VA Pension applications Each element is vitally intrinsic to your growth and development as a VA Pension lawyer. To be successful, you must execute each area knowledgeably and proficiently every day in both your law firm and in your community. 1

2 A well developed office management system is essential to ensure you will be a successful VA Pension planning practitioner. The ElderCounsel VA Pension Practice Guide is designed to completely prepare you for this next step. It provides guidance, solutions and tailored responses for VA Pension planning scenarios you will face as a practitioner. You will learn real world techniques for developing, managing and completing each step of the cases for your new VA Pension clients. There is a significant amount of discussion in this text and the accompanying education dedicated to discussing the appropriate methods for charging your veteran clients and their family members for your services. We provide strategies and solutions designed to assist you in successfully introducing your practice to your existing clients, community and referral sources so you can cultivate your reputation and build a working referral base for your VA Pension planning practice. I. Becoming an Accredited Attorney You must be an accredited attorney to represent your clients before the VA. When you are an accredited attorney you may assist the claimant in the preparation, presentation, and prosecution of claims for VA benefits. To become accredited you must: Be in good standing with your state bar association, Complete the VA application for accreditation. This is VA Form 21a: Application for Accreditation as Attorney located on the VA website at Submit your completed VA Form 21a to the VA Office of General Counsel. The VA Office of General Counsel maintains a list of responses to 2

3 frequently asked questions at which provides answers such as how to submit your completed application, and Within one (1) year of the filing the completed application, take an approved three (3) hour accreditation class on VA benefits and procedures law. The ElderCounsel VA Pension Practice Guide does not provide the education necessary to meet the education requirement. Here at ElderCounsel, however, we do offer extensive VA training. This includes the education needed to become an accredited attorney or renew your accreditation. We also provide ongoing support for our members practicing in this field of law. II. Available Benefits for Veterans, Dependents and Survivors A. VA Benefits VA Pension is a monthly monetary award paid to veterans who served in a qualifying period of war, have a non-service connected disability, and meet income and asset qualification tests. It may also be paid to dependents and survivors of the veteran. The monthly amount can be raised if the claimant is in needed of housebound or aid and attendance. VA Pension is only one of the benefits the VA offers to veterans and their dependents. The Department of Veterans Affairs maintains a complete list of federal benefits available to veterans, dependents and their survivors at This list includes benefits such as: 3

4 Disability Compensation Disability and Indemnity Compensation Health Care Geriatric and Extended Care Services Guardianship Burial and Cemetery Benefits BEST PRACTICE TIP When you are working with your clients you should ask questions to help you understand if they would be better served by a different VA benefit such as VA service-connected disability or are in a position to receive additional services from the VA. For example, a veteran who is in regular need of aid and attendance is able to be in the Level 4 Priority Group of the VA health care system. B. Community Benefits The ElderCounsel VA Pension Practice Guide is designed to be used by attorneys who have already taken the necessary steps to educate themselves in VA 4

5 Pension law. It will not train you on how to find answers to VA Pension specific issues, the federal laws that govern VA, or provide you with a template for drafting VA Pension solutions and strategies. Instead, it is designed to provide you with a streamlined system to manage your firm's VA Pension planning clients through every step of the representation. The contents of this specific office management system are tailored only for the VA Pension practice. In your firm you may also be assisting your clients with strategies and qualification for other programs such as VA service-connected disability, Medicaid, Supplemental Security Income or low-income housing, but this system is not intended to address these other programs. This is a guide for the VA Pension practitioner. Simply because this text is silent regarding these topics, however, does not mean you should not be knowledgeable in these other elder law areas. You will need to use your judgment on how to incorporate them with your VA Pension planning to ensure you place your clients in the best positions possible. BEST PRACTICE TIP The ElderCounsel VA Pension Office Management System will discuss the incorporation of elder law and Medicaid planning strategies, solutions and goals in conjunction with charging for your services. There are numerous resources for seniors, persons with disabilities, and their families in addition to the VA Pension program. You will position yourself and your firm to be of even greater assistance to your clients and referrals sources by devoting a small amount of your time in the development stage of your VA Pension practice to discovering what other options are available in your community. Consider the following 5

6 resources that may be available to seniors and persons with disabilities in your community: Medicaid institutional care program benefits Medicaid community based diversion or waiver programs Bereavement groups Support groups Alzheimer's research Adult day care Community groups Senior centers Respite care Age specific fundraising and grants Charitable opportunities Food banks, including those with preparation services for aged adults It is important you familiarize yourself with applicable eligibility criteria to these and any additional programs that may be available including waiting lists, income, asset 6

7 or age specific restrictions. When you have existing employees in your office in the implementation phase of your VA Pension practice, do not hesitate to devote a member of your staff, instead of yourself, to finding these answers and periodically updating them. If you have yet to hire an employee in your firm, you may want to consider support staff positions that are be predisposed to helping you in your developing VA Pension practice. For example, a geriatric care manager or VA Pension processor have the education and work experience to know where to find these answers. The ElderCounsel VA Pension Practice Guide reviews both of these support staff positions in detail in Chapter 2. BEST PRACTICE TIP Dedicating a staff member to developing this community specific information in your firm, whether now or in the future, can have added, long range benefits and may help you make the decision to hire that first employee. In the future, the employee who is well versed on these programs and community resources will preserve your valuable time by answering these questions from clients, potential clients and referral sources. You do not have to employ a staff at this time in your law firm to use this information. At ElderCounsel, we know our members are in different stages of their elder law career. While many of our members are just beginning in this field of law and do not yet have a dedicated VA Pension employee, we have a multitude of members who have large practices. We are also aware that some of our members have chosen not to have any staff. The ElderCounsel VA Pension Practice Guide is designed to support attorneys in every phase of their legal career. Each Chapter is written to lawyers in every office management scenario whether you are a solo practitioner who has not yet hired an 7

8 employee or you are an existing VA Pension practitioner who needs to decide what support staff role will best support the needs of a demanding practice. Any of the content from these Chapters, whether it is written to address the lawyer individually or the VA Pension support staff team, can be customized to fit your own practice needs. When you need a staffing system to effectively train and manage the support staff you have now or will hire in the future, you can turn to the ElderCounsel Staffing Guide for assistance. Your clients can use the VA Pension benefit to support their long term care needs at home or in a facility. If you are a practicing Medicaid attorney you should be aware of this distinction as your state may have limitations on the amount of care your clients can receive at home or in an assisted living facility through the Medicaid program. Familiarize yourself now with the long term care facilities and home health care agencies in your community to begin building your relationships. You will want to inquire early with each of the long term care providers serving your community including: Assisted Living Facilities Independent Living Facilities Skilled Nursing Facilities and Rehabilitation Centers Adult Family Care Homes Home Health Care Agencies including both companion and skilled care services III. The Role of A VA Pension office management system in Your Law Firm 8

9 Making the decision to add VA Pension planning to your law practice or to change the way you presently offer VA services to your clients is the easy part. Once you've made that decision, you must be able to take the steps necessary to transition your law firm into an efficient, successful VA Pension planning practice. You must know how to create fully developed claims designed for success, where to submit the fully developed claim, meet the educational qualifications required by the Department of Veterans Affairs and become an accredited VA attorney before you begin practicing this type of law. ElderCounsel s VA Pension Practice Guide eliminates the guess work involved in running a successful VA Pension practice. It is designed to reduce the amount of time you spend learning through trial and error by giving you practical education from lawyers who have built their own successful VA Pension practices. Beyond your legal expertise, a successful VA Pension planning practice consists of dedicated forms and procedures for every step of the management of clients' cases, marketing, and approved claims for benefits. Successful fully developed claims for VA Pension can take a significant amount of time to process. While the claim is pending you must efficiently and effectively employ your client management procedures. Above all, you want consistent, positive results and satisfied clients to grow the profitability of this area of practice for you. An office management system serves as an efficient, streamlined process guiding you through every VA Pension client's case. It takes the guesswork out of handling each client interaction. You know the clients you want to take on for VA Pension planning representation and know how to recognize them. If you choose to offer your services to qualified veterans, their dependents or survivors, you decide when and how to handle this caseload before you begin seeing new clients or complete the revisions to your existing practice. You can avoid wasting time making office management system decisions such as deciding on fees, gathering client information, implementing strategies or handling claims. This is because you will have already 9

10 decided how you want to handle your caseload and set your office management procedures to reflect your choices. An efficient system saves you valuable time by already having the necessary supporting VA Pension materials in place. When you choose to file claims for your clients these materials include the most current edition of the VA forms to use in creating the fully developed claim, which we will discuss in detail in Chapter 10. During the set up of your office with worksheets, letters and VA Pension forms, you can make decisions on how to run your VA Pension practice. Being prepared in advance for the daily demands of the VA Pension planning office enables you to reduce your stress and ensure you have a good working environment. Whether you are starting a VA Pension firm from scratch or revising the way you presently practice, the ElderCounsel VA Pension Practice Guide teaches you what you need to be efficient and profitable in this area of law. Our system provides you with valuable resources including: Earning fees for your services Setting up your office Creating your business plan Equipping your office with well trained staff members Finding, hiring, training and managing new employees Pre-appointment intake procedures Screening processes for initial calls from potential clients 10

11 How to handle yourself in client appointments Working with decision makers and referral sources Designing your engagement agreement Setting your prices Client case management Handling unusual client problems Assembling the forms needed for a completed VA application Effectively handling communication from the VA Building a referral network Establishing yourself as the community VA Pension expert Every section of text in this system is accompanied by Office Companion Forms and Best Practice Tips. The Office Companion Forms (OCF) are supporting office specific documents that will assist you in establishing practices and procedures within your VA Pension law firm. You can choose to employ the OCFs as they are written or you may customize them to fit your needs. The Best Practice Tips are real world hints, designed to provide you with suggestions and clarification throughout the text. ElderCounsel s Practice Enhancement Program is dedicated to making your VA Pension practice success a reality. The role of our office management system in your law firm is to serve as a guide so you can make decisions now on how you want to 11

12 practice law, manage client cases and develop your community reputation. By providing you with substantial education and materials, you can efficiently and effectively add or revise this area of law in your practice and see real, sustainable results for the long term. 12