A Little Warning For All -

[Philip Rogers]

Only keep in the bank that which you can afford to lose. I divorced 7 yrs ago. Last month I had $65 dollars deducted from my SSDI deposit as a recovery for charges to ChampVA, by my ex, after our divorce. Somehow they used my SS number. Anyway after 2 weeks of dealing w/ChampVA I was able to straighten it out. To date I've received a $17 refund check from ChampVA(the administration fee) and am awaiting the balance from the treasury. Tomorrow's deposit is short another $65. Just when you think you're free of the BS, here it comes again, seven yrs later. I'll recover the funds but is the aggravation it causes worth it! Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr!!!!

pr

[free_spirit_etc]

Hey! Thanks for the reminder! I checked MY bank account again --and it has been almost a week and a half - and the bank still has a HOLD on the funds the VA wants to suck out of my bank account --but they haven't actually sucked them out yet. At least I don't think so. Who knows - they put a hold on them without ever informing me or showing what the hold was for on the account - so they might have taken the funds out without telling me. But my balance is still showing that I have $225 less funds available than are actually on deposit.

I sent an IRIS in last week -- and the automatic response I got said they would try to respond in 5 days. but we are talking about Chicago. 5 days for Chicago might mean a year and a half.

We used the IRIS system a couple of times before - and all they sent was a copy and paste response that had little to do with our question.

When they were required to do the Outreach for Vets in the 5 state area Chicago serves because of the claim approval rate and ratings being so out of step (lower) than the rest of the world - we used IRIS.

We never got the letter they were supposed to be required to send all vets in their area to let them know they could reapply, due cues, etc. if they thought they should have been arrpoved or if their rating was low.

The Outreach page at the VA stated the same thing.

However when we responded to their outreach through IRIS (though we didn't get a letter) they just sent back a blanket response about people being approved or rated according to their disabilities.

So Congress MADE them do this whole outreach thing because their ratings were so poor -- to get ahold of vets and let them know they could object to their ratings -- But they didn't send out the letters (or my husband's at least) AND when we did respond - we got something that basically said "You got what you deserved - live with it."

So much for the Outreach....

Anyway - I DID send a letter to my bank "politely" letting them know that I didn't appreciate them putting a hold on funds in my personal account because of VA's attempt to get funds that were paid to my husband BEFORE his death back.

From what I read on banking regulations they are allowed to INFORM the VA of the name and address of anyone who used the funds or had access to the funds. But I don't see anything that authorizes the bank to just TAKE them from my account because the VA has changed their mind and decided they want them back (or place a HOLD on them.)

Legally, his account transfered to me at his death. That should include all funds. The money in his bank account transfered to me. So the VA should file a claim against his Estate if they want the funds returned...as the funds in the account were no longer my husband's after his death - they were mine. Just as any checks not deposited prior to his death became the Estate's and could NOT be used by me.

So actually, as these funds were transfered before his death -- the appropriate protocol should be for the VA to request them from his Estate -- and if they do get the funds from the Estate -- then issue a check to me as the surving spouse.

Even if they take them from my account and THEN pay them back -- that is not appropriate -- as the money was MINE in the first place. They would be paying me back with my own money.

Gotta keep the Estate stuff straight --

Of course, once the bank account came to me - I guess I was supposed to wait several months to spend the funds --just in case the VA wanted them back.

And --what a STRANGE way the VA has of paying - they pay the benefit on the FIRST of the month -- FOR the month (NOT the preceeding month) --but then decide you have to live through the ENTIRE month to deserve the check they gave you.

So if they pay you Feb 1 for Feb -- and you die on Feb 27 - they want the check back -- but then turn around and give it to the surviving spouse again, or at least say they do.

Seems WAY too complicated! Because that means they go through that entire process for every vet that dies UNLESS they die on the last day of the month. Since the great majority of vets are only 10 to 20 percent disabled -- I wonder if they ever thought of just changing their regs to match those of every other organizaton - and say - your payment on the first of the month are for the month BEFORE -- and that way they could STOP most payments BEFORE someone is overpaid. Then they would only be dealing with recouping money from those who died at the last of the month - or those who didn't report the death.

The way they have it set up --they spend A LOT of resources recuoping payments from almost EVERY vet - because only those who die on the last day of the month are safe (but by then, they have already sent out the NEXT month's payments - so they have to go after them too.)

Thye make you wait forever, and then pay you a month in ADVANCE when you finally get something - and then spend more time harrassing your widow....

Free

Only keep in the bank that which you can afford to lose. I divorced 7 yrs ago. Last month I had $65 dollars deducted from my SSDI deposit as a recovery for charges to ChampVA, by my ex, after our divorce. Somehow they used my SS number. Anyway after 2 weeks of dealing w/ChampVA I was able to straighten it out. To date I've received a $17 refund check from ChampVA(the administration fee) and am awaiting the balance from the treasury. Tomorrow's deposit is short another $65. Just when you think you're free of the BS, here it comes again, seven yrs later. I'll recover the funds but is the aggravation it causes worth it! Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr!!!!

pr

[Philip Rogers]

Free - if they pay you February 1st it's for January, not February. They never pay in advance. The same with SS.

pr

[Guest jangrin]

Free,

from what we have recieved, they pay for the previous month. So February's payment comes in March. Social Security too.There is a form you can fill out that desputes the hold on the funds. The bank should have it. Also you should have recieved a "copy" of the request for the funds they are holding. On the back of that should be directions for you to follow if you believe the funds were taken in error. I think you have 30 days to respond to have the funds returned. Ask the bank for a copy of the "action request".

Jangrin

[free_spirit_etc]

I thought they were a month behind too.

It would certainly seem like if the Feb 1 payment is for January, that the payment would belong to his Estate then, if the person didn't have a surviving spouse. Or it would belong to whomever was POD on the bank account.

I don't understand how - if the Feb 1 payment is for January - and the person died Feb 5 - the VA would have any legal authority to recoup a payment for a month (January) in which the vet lived through the entire month.

But they try to recoup any payment made on the first of the month - for the month in WHICH the person died -- and ONLY will pay that amount to a surviving spouse.

If the Feb payment is for January - as long as you are alive Feb 1 (the date it is paid) it should belong to you - and pass on to your Estate, POD on the bank account, etc.

It does not seem like the VA would have any legal authority to recoup payments to which you were actually entitled.

Free

Free - if they pay you February 1st it's for January, not February. They never pay in advance. The same with SS.

pr

[free_spirit_etc]

Thanks for the info - I will certainly ask the bank for an "action request" Maybe that is why they haven't taken the money out yet - because I have to have 30 days to dispute it. Though I would say not informing me that the VA was trying to recoup funds would decrease the chances I would dispute it.

I have recieved nothing from the bank. I just noticed my funds were not balancing right and called to ask. The woman on the phone who told me what was going on said she had to "dig" to find out what it was.

I will do some more investigating on the payment provisions. It would seem that if the VA pays one month behind -- and the surviving spouse is entitled to the vets benefits he WOULD have recieved the month of the death HAD he been alive - that the VA shoud not only NOT try to recoup his Feb 1 payment, but actually be leaving THAT alone AND dending me his MARCH 1 Payment too!

Free

Free,

from what we have recieved, they pay for the previous month. So February's payment comes in March. Social Security too.There is a form you can fill out that desputes the hold on the funds. The bank should have it. Also you should have recieved a "copy" of the request for the funds they are holding. On the back of that should be directions for you to follow if you believe the funds were taken in error. I think you have 30 days to respond to have the funds returned. Ask the bank for a copy of the "action request".

Jangrin

[SLEDGE]

Based upon what somebody here has already done and the political climate against all vets, especially the vets prior to the 'Gulf', I believe we would all be best served if we did not leave our 'directly deposited' funds in the same account that they land in.

I believe we should look into having another transfer on the 3rd or 4th of each month to a completely different bank because we already know that the VA ignores the rules.

We have all heard of how long it can take to straighten out a VA 'typo' when it concerns money.

sledge

[jessejames]

If a s/c vet dies 4 days before the 1st of the month, does the spouse forfeit the entire month's check?? This vet died on May 28th and Va says they will take back the check that was deposited on June 1st. Also, since you can't file a DIC claim without a Death Certificate (and it takes approx 6 weeks to get the Death Certificates) what effective date will the DIC start? Is it from Date of Claim or Date of Death?

[Pete53]

Jesse:

I remember that Alex used to say write a letter to the VARO telling them that you intended to file formally when you got the records to preserve and earlier effective date. The letter establishes the date and you have to9 follow up with the documents later but timely. In fact I think that you have up to 1 year.

Seems like since they are paying behind that they should not do that.

[Guest jangrin]

Based upon what somebody here has already done and the political climate against all vets, especially the vets prior to the 'Gulf', I believe we would all be best served if we did not leave our 'directly deposited' funds in the same account that they land in.

I believe we should look into having another transfer on the 3rd or 4th of each month to a completely different bank because we already know that the VA ignores the rules.

We have all heard of how long it can take to straighten out a VA 'typo' when it concerns money.

sledge

Sledge,

I think that is excellent advise. Chuckles has not signed up for automatic deposit yet. He gets the check in the mail. I think he should open one account for the auto deposit and then move the funds to another account, just as you suggest.

I don't know about everyone else but I do know after filing the claim and waiing a year and a half for a decision, our finances are such that we certainly live from month to month. I plan on starting a cash savings that I put in the coffee can for a rainy day. I am getting nervous that everything now days is done with debit cards and automatic payments, etc. One foul up and you won't be able to access your account and your unable to withdrawn funds. It could be a real problem. I think I'll try to have some cash hidden away. JMO

Jangrin

[free_spirit_etc]

Concerning effective date of award:

It is my understanding that as long as you file the DIC claim witin one year of the death - the effective date is the first day of the month AFTER the death.

If the DIC claim is filed after one year from the death - then the effective date is the date they recieved the claim.

Of course, to preserve your place in line,(when it will be your turn to have your claim processed) I guess you could file the DIC claim -and send the death certificate in when you recieve it.

I am still trying to untangle the whole concept of which checks the VA tries to gt back. My husband died Feb 5 - and the VA is trying to reclaim his Feb 1 payment from my account. So don't be surprised if they don't also try to take back the May 1 check.

The VA is hard to figure out - as they put bits of info here - and bits of info there - and you have to find them all and put them all together.

The surviving spouse is entitled to the check for the month of death that the vet would have recieved had they been alive. But I am still trying to figure out WHICH check that means -- and the complex rules for getting it.

The VA told me that due to my husband's Feb 5 death - they would recoup his Feb 1 payment unless I sent in a Statement in Support of Claim indicating I was his surviving spouse and entitled to it.

I sent that in, however, 3 months later they are trying to recoup money from my account.

It is hard to figure out their rules -- and even if you do - it doesn't seem like they play by them. Mostly because of the complexity of all of the rules.

What would be so hard for them to be CLEAR - to give an EXAMPLE of WHICH checks count..

Like -- If the vet dies ___ date the spouse is entitled to the ____ check , but not the __ check.

but they have to complicate it with all their rules about IF the spouse applies for pension --and gets the pension --they get the pension instead of the check..

or IF the spouse applies for DIC - then they WAIT 100 years until the DIC is decided before deciding whether to give you the final month check (which they haen't clearly defined WHICH check is the final month check - the one PAID the month they died..or the one Paid AFTER the month they died...

If DIC doesn't start until the month AFTER death- then it would seem like the check for the month OF death would belong to the spouse..

But all I know is that in MY case -- they are trying to recoup the check that was paid four days BEFORE my husband died.

Free

If a s/c vet dies 4 days before the 1st of the month, does the spouse forfeit the entire month's check?? This vet died on May 28th and Va says they will take back the check that was deposited on June 1st. Also, since you can't file a DIC claim without a Death Certificate (and it takes approx 6 weeks to get the Death Certificates) what effective date will the DIC start? Is it from Date of Claim or Date of Death?

[Sarah]

I had a problem with VA Education Benefits. The school I was attending screwed up my semester hours and the VA decided they would try to take back 10,000. I was livid and let the school have it, they finally changed all but one semester and I got the amount down to about 2,000. Even that 2,000 went to the school but I had to pay it back so they said. They were garnishing my disability and I had to keep on them so they only took the 2,000 and not more. Finally done paying on that and now have my full disability check.

[Pete53]

Sarah:

That really sucks. $2000 is a whole lot of money.

[free_spirit_etc]

I called the VA today. Haven't got a response on the IRIS inquiry on them reclaiming money from my account. THe woman told me that the have to reclaim the money and then issue me the check in my own right - a check made out to me.

I told her about the form I had sent in asking that the money not be reclaimed as I was entitled to it as surviving spouse. The form I sent in per RO directions.

She wasn't impressed.

I asked to her CHECK the file. So she said she would. Amazing they just spout off info without even checking the file to see what is going on.

She said they DID get something from me May 31.

I said does that mean they will stop the reclaimation process.

She said Yes..

Yeah right...

What they got May 31 would have been my DIC claim.

I have no idea what happened to the form I sent in this March - for the final paycheck.

But she told me what she needed to tell me to get me off the phone...

There was no sense asking any more questions to someone who is just going to tell you whatever...

Don't know why I bothered calling..

And the bank told me they don't usually notify people of garnishments and reclaimations because people KNOW they are coming.

Sure caught me by surprise.

But it is kind of a thing like you are a bad person because you haven't paid the people you should so they are pulling it out of your bank account.

Life sure was easier when my husband was alive.

Now I am a so-called bad person who doesn't even deserve to be told that someone is taking my money.

Right now I kind of hate the VA. If they wanted it back - they shouldn't have told me to keep it. They should have just told me to send it back.

To care for him

who shall have borne the battle

and for his widow, and his orphan

Yeah..right...

They send the veteran $225 - tell his widow she gets to keep it --and then sneak behind her back and snatch it away from her like the thief she is for trying to keep that government money. The VA has an odd way of expressing their condolences.

Free

[Josephine]

Free,

You do not deserve this time of treatment. I hate the VA as much as you do and perhaps shouldn't post my feelings on line, but I am like you, I am tired of being treated like a criminal.

I regret each day that I ever re-filed that claim in 2002. It just seems like the months past and I was always hoping that the next month, that there would be an end to it.

My opinion is that they cheated your husband out of his benefits and I ponder the thought, perhaps it was a deliberate act upon their part.

As I said, this is just my opinion.

Take care and God Bless You,

Josephine