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colokid
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Posts posted by colokid
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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.
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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..
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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.
Death pension question
in VA Disability Claims Research
Posted
Thanks for you quick replies. I really appreciate you. My calendar is marked for the show tomorrow. I will for sure be there.