Will I Get All Of My Back-pay Or A Small Amount Of It Each Month?

[B. Capit]

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

[B. Capit]

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.

Time

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.

[B. Capit]

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.

[B. Capit]

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.

[B. Capit]

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.

[timetowinarace]

Two things.

One, your mother needs to be all over this. If she has been appointed your fiduciary (recieve your checks) she can act on your behalf(sp?). And should be. If she has not been appointed yet or the paperwork (computerwork nowadays) isn't complete you should be getting $2400 monthly in your name.

Two, you need to check on Social Security Bennifits.

I remember your prior posts on this and this has been going on too long. As soon as you was awarded, your full comp checks should have started coming in. Only the backpay can be held back. They cannot expect you to continue to be homeless while they determine competencey and appoint a fiduciary. It is better to pay the person and have the money misused for awhile then hold it while they starve.

Time

[B. Capit]

Two things.

One, your mother needs to be all over this. If she has been appointed your fiduciary (recieve your checks) she can act on your behalf(sp?). And should be. If she has not been appointed yet or the paperwork (computerwork nowadays) isn't complete you should be getting $2400 monthly in your name.

Two, you need to check on Social Security Bennifits.

I remember your prior posts on this and this has been going on too long. As soon as you was awarded, your full comp checks should have started coming in. Only the backpay can be held back. They cannot expect you to continue to be homeless while they determine competencey and appoint a fiduciary. It is better to pay the person and have the money misused for awhile then hold it while they starve.

Time

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.