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B. Capit
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Posts posted by B. Capit
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The chain of events for my proposed incompetent finding.
Won 100% award and in the award letter VA "proposed" to find me incompetent.
At this point you can Nod but comp payments should be released to the veteran either way. Backpay is not released untill a decision is made on competency. It is worked as a claim. C&P and everything so it can take months unless you don't Nod.
If you do not Nod, or if you lose the Nod, and request a fiduciary such as a wife or relative, a councilor from the fiduciary dept will scheduale a social exam (whatever that C&P exam is called) to visit you and the your proposed fiduciary at your home. Most often they will tell you at this meeting if the fiduciary is likely to be approved but it is a heads up and not a decision.
Once the fiduciary is approve the councilor will set another home visit. If the backpay is substantial as mine was then what the veterans plans with it are discussed as well as short term and long term financial goals. The fiduciary is responsible to make sure these goals are met. I can imagine that some of these councilors can be quite hardnosed and unmoving but mine does not believe I'm in need of a fiduciary and only made suggestions.
After this last meeting, comp payments are put into the fiduciary's name and care, and backpay is released. Lump sum backpay.
Time
That sounds like what happened to me, but a long time ago. When I called the VA a month ago, I was told, "I don't know the exact process, but all that needs to be done is for someone to write the check and send it to your mother." My case was expedited and put on high priority because of hardship, but like I said this was a month ago. I feel sorry for those who have cases that aren't expedited, because God knows how long that could take.
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A friend I helped was deemed SC and incompetent and his wife became his payee - still he received-in her name- a WHOLE lot of retro-
The retro depends on what Entitlement date they gave you- usually the date you filed the claim-
I dint know any reason why-even with someone else handling your comp- that this would be sent to you differently.
"My issue is back-pay. I was told that I will not recieve the full amount of back-pay, but probably only $500-$1,000 a month, along with my $2,400 pension. Is this true??"
In less you mean CRDP or CRSP benefits due to receipt also of retiree military pension?
Please don't make fun of me, but I don't understand any of the terms you used.
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In this state any medical doctor who treats you can cause the DMV to suspend your license. I would think the doctor would tell you he did not want you to drive.
The DMV should provide you with the reason for the suspension and the name of the doctor involved. Additionally, I have heard that private citizens can file complaints that could cause the DMV to ask you to get a medical opinion as to your ability to drive. I am not sure of the specific situations that need to occur before the DMV will get involved in a complaint from a private citizen.
My doctor never mentioned anything about my ability to drive, maybe the VA has nothing to do with it after all? The DMV here sucks, they are very slow processing paperwork and make a lot of mistakes. Even the courts here are dumb. I ended up being arrested in the middle of the night (long time ago) and after several hours they discovered there was a computer error. And this guy I know went to court on the same day there was a fire in the building, and he was arrested because the records showed he never arrived on the court date (even though he was there, but every one was evacuated). I can't wait to move out of Maryland.
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You should be getting your monthly comp untill your mother is approved. Thus not living in your car. Only your backpay can be held untill a decision is made.
The fiduciary program is seperate from claims and I doubt 3 months is a reasonable wait time after they have interviewed you. More like 4-6 weeks max.
Something doesn't add up.
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That's Baltimore/D.C. for you. I was told I would be getting my monthly comp and backpay the first week of December, and if I didn't I needed to call him (caseworker). He seems to be on Holiday vacation still.
Actually, since the summer I've been told to wait one month until I get the monthly, and after a month I'm told to wait another month. It makes it really hard to plan things. It would have made my life a whole lot easier if they said, "Wait another year..."
The only monthly comp I'm getting is $348, from when I was rated 30%. Maybe it varies by state. To be honest the people working in the VA in Baltimore and D.C. seem like they shouldn't be working there at all.
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My mother was approved almost three months ago I think. It's been taking them this whole time to write the check.
She's a penny-pincher, she is the best person to handle it. I have a hard time saving...lol.
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I've been approved for 100% disability since May. Someone has already came to the house to interview me and my mother (she is going to handle the money) and the only thing left to wait for is for the check to be made and signed. Probably only another year or so, but that's not my concern anymore...
My issue is back-pay. I was told that I will not recieve the full amount of back-pay, but probably only $500-$1,000 a month, along with my $2,400 pension. Is this true??
Also, can the VA contact MVA and suspend my license due to my disability? My license was mysteriously suspended and now I have to prove to the MVA that I am able to drive by getting a VA doctor to write a letter. But I can't get an appointment at the VA until February. It kind of makes me sad because I am basically living in my car, and I have to drive. :D
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If I were to move to the Philippines, what would happen to my benefits? Would it be decreased? Currently 1USD=50 Pesos.
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Yesterday, I went to Washington DC on I St. and finally got a hold of a Legal Instrument Examiner. She looked for my files in front of her and said she doesnt have mine today... She looked on the computer and said that my file is in the process of going to DC from Baltimore.
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Well, first off, the VA should only be holding back your backpay at this point. You should be getting your monthly check. If your not, raise a huge stink.
I recieved my monthly check untill my wife was approved. Only my backpay was held.
If you've just now been officially found not competent for VA purposes, it is sent to the fiduciary office. Then the appointment will be set up with your Mother. After the interview, it can take some time for your Mother to be approved. If she is approved, the field officer will make another appointment to plan how the money will be handled. How much goes to savings, what you can buy, ect. THEN they will release the backpay and monthly payments will start to go to your Mother.
Again, YOU SHOULD BE GETTING YOUR MONTHLY PAYMENTS WHILE THIS PROCCESS WORKS OUT.
I don't think the proccess itself is all that long, but the appointments for interview depend on location and it can take some time to get them.
Good luck to you.
I was at 30% and getting $348 a month. I was approved in May 100%. I am still getting the $348. They are holding the difference from 2471 something dollars and the amount im getting ($348). I also have a dependent so im sure its more than $2471....
Im going to DC right now so i guess ill let you know how it goes....
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Brian -at least you have internet access- dont hesitate to send an Iris inquiry to the VA-they will send it to your VARO- the Iris format will guide you step by step-
It is at the VA web site under Contact Us:
Iv'e also sent an Iris inquiry to the VA 4 months ago. My 7 month old daughter was granted benefits Oct. 6 2007 from when she was born till she's 18. Well, what i dont get is that the VA will give me $348 in a check in the next 15 days... But I've been getting that amount already. They started me off as a 30% and they increased it to 100% in May. Even if they didnt approve me for 100%, why is it still $348? nothing was added at all. Im already struggling as it is.
Thank God for Wireless connections, I'm able to get signal around here. Lol
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Thank you all for quick replies! Just wish that VA does the same to all vets.
Currently im in Maryland. Everytime i call the 1800 number, it always direct me to Baltimore Regional Office. Those people said that since Im in Md, it will always go there. I have to be in DC to get the DC people because thats where my file is. Last week, i personally went to I St. in DC and thats when a rep wrote down hardship. The next day,(saturday) I recieved a letter stating that the VA approved me as incompetent. Why cant the VA give out actual local numbers instead of a 1800 number?
I also talked to a va rep in Washington Dc VA Medical Center 3 months or so ago but she said she doesnt have my file and she cant help me. Right about then i had a mental breakdown. She also recommended that i need to talk to my psychiatrist again because i apparently have "anger issues" that Iv'e been keeping inside me.
Also, my lovely congressman never wrote back to me. I already tried that months ago. Im still waiting. gave him my phone number, my situation back then wasnt as bad so i guess he ignored it. His interest is from what i see is all about Jenna 6.. and nothing else. I guess he wants to be re elected.
Again, thanks for all the replies. Any more help will be greatly appreciated. Without you all, Ill be at a lost.
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I was rated for 100% in May 2007, and I sent a letter that month explaining I am incompetent to handle my benefits and want my mother to handle it. Last week I was told a fidcuciary would come to my mom's house to interview us to see if she is eligible to handle the benefits.
I was told to wait 1-2 weeks by someone at the VA in DC, but I don't know if they are bs'ing me. He wrote down "hardship" on my paperwork, because I am homeless and living in my car, and I have a seven month old daughter.
So here is my question. Will it really be 1-2 weeks before a fiduciary comes to interview us? And when that happens, how long do I wait before I actually see the money? I am owed over $20,000 in back pay. Will it take another six months after a fiduciary approves my mother to handle the benefits before I see the money?
Can the VA provide me and my daughter emergency shelter? My fiance called a homeless shelter, but the waiting list is over six months, and men aren't allowed.
Thank you in advance for your help.
-Brian
Will I Get All Of My Back-pay Or A Small Amount Of It Each Month?
in VA Disability Claims Research
Posted
I just want to make it clear in case there are misunderstanding, but I am still receiving my 30% monthly pension. However I have yet to receive the 100% monthly pension and the backpay.
I called the VA again today (on a cellphone with only a few minutes left) and she said she doesn't know why the $348 check was put in my name, when it should have been in my mother's name. She also assumed I received my 100% monthly pension and bckpay, and told me to call her back in two days so she can contact the person managing my checks.
DOES IT REALLY TAKE THIS LONG TO WRITE A CHECK AND SEND IT TO MY MOTHER?! It's been a month now since I was told my money was being put into a check and sent to her. I thought my case was expedited??
I would have my mother call, but she is too soft spoken. She slipped on a wet floor at work AND a doctor messed up her back surgery, and she hasn't even bothered pressing charges.