VA IS TAKING BACK MY DIC BENEFITS?

[NeedHelp91]

Hello all,

I am very upset and posting for ANY AND ALL ADVICE. I received a phone call moments ago from someone who could only give a first name of "Greg" at the Milwaukee VA.  He stated that I had been paid benefits "but I was not entitled to these benefits." These benefits were direct deposited into my bank account and had already cleared as being "available."  

 

I was granted retroactive DIC benefits for the 10 years since my husband passed.   I am also owed burial benefits. I have never received an accounting of the benefits. And I was unaware a deposit had even been made into my bank account until receiving this call. However, now, that they have made a deposit, HOW IS VA ALLOWED TO GO BACK INTO MY BANK ACCOUNT AND TAKE THEM BACK?

 

After a quick google of the situation, even if these benefits "were in error" (which I do not believe, but let's pretend) they would have been issued 100% in VA Administrative error as I have been truthful with them from the start.  And it appears from everything online in past cases that if it was 100% VA administrative error, they could NOT take these benefits back? because it would not be a valid debt....

 

PLEASE ANY AND ALL HELP WOULD BE MUCH APPRECIATED.  I DO NOT UNDERSTAND HOW I CAN FINALLY BE GIVEN BENEFITS AND THEN THEY CAN BE TAKEN AWAY...

[NeedHelp91]

Thanks for the feedback. I am leaving the funds in the account.  As of now, they are still there... Guess we will see what happens and what I uncover Monday.  I don't want to get into fishy business.  It is not my intention to steal any overpayment funds or anything of that nature. I was just shocked that this "Greg" called to tell me I had received a payment of benefits and that he was calling to let me know he was "taking them back" and that I "was not entitled" to them.  How could I be not entitled to them? If this "Greg" is at the pension management center..would he even have authority to determine if I was "entitled" to them or not?  Since that doesn't even sound like a Regional Office...  

I didn't think of them taking money out of my "future" payments. Now I wonder if he meant he was taking this direct deposit of benefits back AND my future DIC....

If they normally send a letter about "overpayment," it sounds like "Greg" is breaking the rules by calling me personally and saying he is taking the benefit back...is there any way I can dispute this?  At least if I had a letter from them I could dispute it in a response... with this phone call from him there is no opportunity for me to do anything. What happens to the benefits I am still owed if I am supposedly "not entitled" to this payment???  They can send a payment I am not entitled to...but can never actually send the payment I am entitled to?  It just seems like a sick joke.

Of course, VA always seems to take action on a Friday afternoon.......so I am left wondering all weekend... 

[broncovet]

I think its reasonable for you to pay bills, etc with the money assuming its yours, but even that looks bad after the call.  I think its a "sick trick" for VA to pay you money then take it back, but I do understand that mistakes happen.  

Mentally assume the money is gone, so you dont worry about it.  Then if the call turns out to be a hoax, you will be blessed.  Is this some sort of "double" or duplicate payment?  Did you divide the amount by your regular monthly check to see how many months it is?  In other words, if your regular check is 1256, then see if its 2512 (2 months) 3768 (3 months) 7536 (6 months) etc.       That would be helpful to know how many months is disputed, then you may be able to figure out why the discrepency.  (Reverse engineer). 

Edited September 26, 2015 by broncovet

[Berta]

You could also file an IRIS inquiry, as a complaint.

www.va.gov, at the Contact us Button, then click on ask a question,then file it as a service complaint.

Ask for an email reply (they can make  stuff up by phone).

The more I thought about this, it must be some sort of internal error but best to find out Monday what is going on.

The VA is screwed up more then ever these days.

My husband got a letter a few months ago that said he had to reply in 30 days.

I emailed the director as to how , since he has been dead for almost 21 years, he could possibly reply.

My RO is supposedly reading the regulations that apply to my current claim ,which they didnt do in the first place , and I asked them to contact the General Counsel because they dont seem to understand the past GC opinions that cover my issues.

A few other widows during the past few months got similar letters I did ,sent to their deceased husbands and 2 of them went to the press.

VA apologized to me about that but still these errors reflect  how screwed up they really are.

I thought you said your daughter was applyin" My daughter is also still owed retroactive DEA benefits (but she has a separate bank account...so it can't be related to that)g for a Chapter 35 refund"

but a Chapter 35 'refund' only arises when a student has paid tuition to a VA approved college ,prior to receiving a DEA eligibility certificate , that reflects the EED of the award.

What I mean is I had an EED that ran out during my degree program at AMU.After the Chapter 35 ran out , I continued to pay my tuition and graduated. A subsequent award from the VA extended my EED to the date of my husband's death.

With a copy of that award letter and proof from my college of the tuition I had paid, the VA refunded the amount that had not been previously covered under DEA, to me.

Have you applied for CHAMPVA for your self and your children?

 

 

 

 

 

[Buck52]

NeedHelp91

I hope you get this solved today  and you can go on about your business. 

I wish you the best.

 

..........Buck

[jbasser]

The Va makes errors. They not perfect by any means. Now legally you can write a letter to the VA and ask them to waive any over payment if it was done by their hand. They sometimes grant these waivers. If they are pressing you like you say with no official notification, Contact an Attorney who is qualified to practice in Federal Court as you may have to get an injunction against them so this thing can play out in the legal system. 

 

Hang in there.

 

J

[Carl the Engineer]

Kinda waiting to see where this one landed....

 

Hamslice