colokid

Thanks for you quick replies. I really appreciate you. My calendar is marked for the show tomorrow. I will for sure be there.

Hi Berta. You gave me some great advice awhile back and my hope is that you may do so once again. 2 years ago my survivor pension was stopped for an alleged overpayment. I was granted a waiver and requested payment be reinstated. It was at a reduced rate. VA reasoned my income was the same as it had been two years prior as listed on a 1099 i submitted. I explained i had not worked since then. They still denied my request. I have appealed and am waiting on a response. my question is how do I and with what proof do I show I have NOT worked? 2nd question. Will a personal injury award adversely affect my pension?(As much as I have read on the regs in 38 I know the answer to this question.. Still doesn't stop me from having my arms out waiting for the "Hail Mary"). How long would I have to report such an award? And if it would have a negative impact is there anything I can claim in order to minimize said impact? Is it possible to request a waiver for the award amount? and lastly I have a minor child, My biological daughter that I have sole custody of. She was born after My husbands death and is not related to him. Do I need to tell VA about her?? As she is my dependant I have a legal and moral obligation to support her and the VA always reminds in their letters to report changes to include dependants. Thanks to you and/or anyone that may have some answers for me.

I have uploaded both the waiver decision and the notice sent after I reapplied. There was in fact additional amounts after the waiver which i reported. Both amounts are listed in the VA response. It is also the same amount withheld from the retroactive payment i received for the 10 months i waited on the waiver decision. Bringing up the question.. Why are they withholding payment every month? It says they counted my yearly income.. Are they assuming I still make that each year? Up until now i have been able to do all the VA has asked and directed with what i think are quick and favorable results. However I am now confused. I think I need to ask for a hearing and or file an NOD but I am unsure of the reason.. send to Berta.docx

Berta.docx

Hi, I started receiving death pension benefits through the VA in 2009. March of 2014 the VA terminated said benefits. i neglected to respond to their notices of an alleged overpayment in the allotted time frame. However i did in fact follow through with a notice of disagreement, request for hearing and a waiver request. The waiver request was eventually granted at which time i reapplied for the death pension which has since been reinstated. During the 10 months that it took to resolve this i was financially eligible to receive the pension. The VA agreed and sent payment for those 10 months, however it was at a reduced rate. As are the monthly payments I now receive. VA sent a letter stating that by law they were required to collect the overpayment... My questions.. Is that not what a waiver is granted for, to waive the repayment? And before withholding any part of the reinstated pension should i have not been considered for the hearing i requested? Or the NOD i submitted to argue the amount the VA claims I was over paid.? Thanks for you help. Debra.