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