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Severance Pay Waiver?


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Question

This is an off-shoot from the thread talking about when the VA overpays vets and then yanks it back.

I read that some folks have applied for waivers to paying back these overpayments....of course my county VSO never told me I could do this (even when I asked).

What is involved in applying for a waiver? I'm a single parent of 2 teens, living solely on my disability and ssdi pay.

Any assistance would be greatly appreciated.

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I hope these links will be of some help:

VA Procedures link

Waiver of Indebtedness--VA

A request for waiver of recovery of indebtedness shall only

be considered if made within 180 days following the date of a

notice of indebtedness by VA to the debtor. The 180 day

period may be extended if the individual requesting waiver

demonstrates that as a result of error either by VA, or due

to other circumstances beyond the debtor's control, there was

a delay in such individual's receipt of the notification of

indebtedness beyond the time customarily required for mailing

(including forwarding). If the requester does substantiate

that there was such a delay in the receipt of the notice of

indebtedness, the Chairperson of the COWC shall direct that

the 180 day period be computed from the date of the

requester's actual receipt of the notice of indebtedness. 38

U.S.C.A. § 5302(a); 38 C.F.R. § 1.963(;).

------------------------

Please note that the VA's Indebtedness Letter will advise you of your options and should

contain info pertaining to Waiver of Indebtedness. It appears that

if you reply within 30 days of the notice, the collection action will be

suspended until the case is resolved.

Good luck,

Ron

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This information I posted first (other post) pertains to VA overpayments. If you are interested in overpayments made while you were on active duty please visit:

Waiver of Indebtedness--Debts from Active Duty

Ron

Edited by Ron II
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Ron,

Many thanks.....I'm wayyyyyyyyyyyyy out of the 180-day window (like years); but I have never seen or heard anything about applying for a waiver, or I would have done so immediately! I'll check out the websites and see what I can find out...Thanks again!!

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