Should I Draw State Unemployment Extension While On V.a. Pension

[MikeE]

Greetings,

Have been drawing state unemployment checks since Sep.,08, plus V.A. non-service connected pension,($985.00)/mo. since Oct.,08. Told by V.A. rep. to wait till I finish drawing unemployment, turn in to V.A. amount drawn, & V.A. will deduct unemployment amount received from V.A. pension to be spread over a 12 mo. period. This would incur a reduction in pension to something over $500.00/mo. for 12 mos.

My last unemployment check for my regular period will be next week, then eligible for 10 week extension. If I take the 10 week unemployment extension benefit, my V.A. pension will probably be further reduced to between $300 to $400/mo. for 12 mos.

Being single with no debts, I can make it on $500/mo. pension, plus $186/mo. food stamps, plus Sec. 8 housing discount.

If I opt to take the 10 week extension, then a reduction in pension for 12 mos. to $300 to $400/mo. would be pretty tight.

My question is probably a no-brainer, but should I just take the 10 week unemployment extension or simply refuse it? I hate to refuse a 10 week extension, but it might cause too much a pension reduction later.

I've heard that I can apply for a "forgiveness" or hardship case meaning the V.A. might possibly forgive or reduce the total unemployment I will have been paid, but not sure if I can count on that or not.

Would appreciate any guidance or advice.

Best Regards,

MikeE

[Testvet]

you are playing with fire, drawing VA non SC pension while drawing unemployment at the same time is like against the law......waiting until after your benefits run out to tell them is wrong you should have told them once you started getting them, the question you should be asking is should I notify the VA to stop my NON SC pension due to the unemployment and then when the unemployment checks run out file to have them restart Non SC pension

the VA does not forgive over payments and that is what this will be considered you can ask for a waiver but a snowball in hell stands a better chance

and whomever gave you the advice to tell them after the benfits run out and they will only take part of your check for recoupment is giving you some bad advice I think

you are playing with fire and if they do a cross check of benefits before you tell them you might be needing a lawyer

a VA pension is needs based and drawing unemployment and pension is one of the big no no's it is worse than working and not reporting the income if you are on a pension

[Rockhound]

Talk about playing with fire, don't expect the VA to spread your over payment over a period of time. You are expected to report any income the month you receive it and then your next pension check will be reduced by that amount. To do otherwise could be looked upon as fraudulent reporting of extra income by the mear fact you do not report it as soon as you receive it.

As to thinking the VA would forgive you this type of indebtedness, your more apt to be charge for fraudulent reporting these days with the ecomomy as it is.

If your Pension is more than your unemployment, then I wouldn't apply for the extension of unemployment benefits and I would sit down with a VA finance rep and get your pension account straightened out as soon as possible or you might either find your pension cancelled or it reduced by more than you would want it to be and putting an additional hardship on your finances.

Don't try to shuffle things around so you can get more money each month, it will come to bight you back down the road.

I had a similiar problem when I was approved for SSDI and it was more than my pension. I reported it as soon as possible and they stopped my pension the next month. There was, in my opinion a bit of a overpayment, but the VA didn't bother to come after it, IMHO, since I reported the extra income immediately.

I hope you take the high road and get this straightened out right away.

Rockhound Rider

[john999]

To get unemployment insurance you have to certify that you are able and willing to work. That does not work if you are collecting a NSC pension for disability. It is fraud in the eyes of the law. That is like collecting workers compensation and unemployment insurance.

[Berta]

John is right- here in NY I believe anyone receiving unemployment checks must certify every two weeks to the State that they are still employable.

A NSC pension means that you are not employable.

I dont feel your vet rep is really giving you good advise here.

These guys are all correct-they can cross check this stuff and things could get rough.

The VA will waiver some overpayments if they feel that the overpayment was caused without knowledge of the consequences.

Unless the vet rep actually documented what he told you to do- and you have copy of this-

you could be hit with an overpayment that would possibly even

affect your NSC future comp.

[Berta]

PS-you have not gotten into a severe overpayment situation yet-

It is always best to try to rectify this stuff right away.

Overpayments-

This vet failed to file his waiver request on time with VA.

Whether his overpayment was or was not his fault –he still owes VA over $15,000.

http://www.va.gov/vetapp08/files2/0812272.txt

In this case the VA waived an overpayment:

http://www.va.gov/vetapp08/files1/0801653.txt

The VA will only waive overpayments with good cause.

I had a VSO friend at the local VA- who in spite of being employed by VA-sure tried to do an excellent job with claims.

He was approached by a widow who VA said owed the VA over 100,000 bucks!

Long story- but the vet even filed an Administrative Review to try to get this waived.

Nothing worked. VA said the widow had full knowledge of the DIC eligibility criteria and had

accepted years of DIC that she was not eligible for.

[Chuck75]

I'd agree with the various comments. If the VA owes you money, they will eventually (usually) pay. If you end up owing the VA money, they want it yesterday.