Counting On A Favorable Decision

[free_spirit_etc]

I am finally counting on a favorable decision in my son and my claims for Survivor Benefits after a two year battle with Social Security.

The Hearing Office people have been SOOOOOOOOOOOOOOO nice - which is a refreshing change from the way we have been treated for the past couple of years.

We had my son's hearing last week.

I got to view his file before the hearing - and notice a comment is on the query screen that says I complain about all actions SS takes, try to play the offices and toll free number against each other and try to refute policy.

???

I didn't try to refute their policies - I tried to get them to FOLLOW their policies!

Anyway - that explains why everyone has been so unhelpful and sometimes downright mean to me when I try to get help.

It sure has been a long battle -- and lots of errors on their part -- (like telling me I couldn't submit proof of support when we applied - but then using my husband's SSD payments soley to calculate his share of support. Wellllllllll - when you leave out his military retirement pay - which was higher than my son and my income combined - yes... you can make it look like he didn't provide near as much support as he did.

But the judge was nice and seemed to be very fair - and wanted to know what the actual facts were.

Wow! How refreshing - the first person in two years that cared about the facts or the truth!!!!

Anyway - he wouldn't tell us how he was ruling - but he said he COULD issue a decision on my claim too - IF it would be favorable (otherwise they would have to give me time to prepare for my own hearing). AND they wanted my information to work on my claim too!!

Woo Hoo!

I am starting to trust in their fairness again.

But I am still appalled at how someone tried to deny us benefits all along.

It went beyond just denying us and making us wait for a hearing - to actually trying to block us from getting a hearing.

THAT - to me - is inexcusable!

Free

[free_spirit_etc]

Woo Hoo! There's my buddy! I was so excited that night I had to email you about it.. but still needed to process things for awhile before going public.

Ironically, I thought Social Security was a given. I thought the VA may take a couple years. But Social Security took two years. And I have just been holding steady with the VA, keeping my foot in the door there, until I got the Social Security situation handled.

Might rest a few days and then start with the VA.

I guess I will start with trying to get them to return the month of death payment they sucked out of my bank account six months after my husband died.

I read their website on that - where they say some people didn't get paid because they didn't know the veteran had a widow. Yeah. Right. They tried to tell me that when they put a hold on the money. There was NO evidence in the record that I was his widow. Besides the three copies of the marriage license - if they would have looked in the spot named WIDOW on the DEATH CERTIFICATE - my name was right there.

Geez! But they DID actually DECIDE I could keep the money. I found the paper in the file that said I was entitled to it - and to NOT reclaim it. Then they took the money out of my bank account two months later.... geez...

And then I will work on getting the $300 burial payment. I got the $300 funeral payment - but they said there were no burial expenses. (Like I just dumped him out somewhere, I suppose). Anyway, guess I should consider myself lucky that after they lost the whole burial claim a couple of times - they finally only lost the part about burial costs the last time.

And I get to send them the whole evidence packet AGAIN that I sent by certified mail that was signed for - that they deny receiving.

And I get to file an NOD to get them to consider my timley filed appeal as timely.

THEN I get to start actually working on the claim.

Still trying to get them to send me a copy of the medical report that was used to deny my claim. But it has only been a couple years that I have been asking for it. So I am not sure when I will get that.

Besides that - everything is wonderful!

Free

Free,

So happy for you and your son.

I bet that hot chocolate was good.

I believe it is freezing temps just about everywhere.

Freezing here in Virginia

Again, Congratulations.

Always,

Betty

[Josephine]

Free,

I didn't want to leak it out before you.

I knew that you were not ready, but boy am I glad that you won this

one.

It may take a little time, but with your brain power, you will win

all due you by the VA.

I love your " Free Spirit" and " Think outside the Box".

When I came out of that box, I came out with a blast, thanks to you!!!

Take care and keep warm and keep me posted.

Always Your Friend,

Betty

Edited January 16, 2009 by Josephine

[Commander Bob]

... I will start with trying to get them to return the month of death payment they sucked out of my bank account six months after my husband died.

Free

I was saddened, angered, amazed and now hopeful after reading your experiences free sprit etc , as well as other widows recounts of complications with DIC, last month death payments, VA seizers from bank accounts, and more... By your postings here, Free, you are a voice and an advocate for those who cannot, or who are too intimidated to speak up for themselves. I recently wrote the Chairman of the Senate Veterans Affairs Committee, on this issue:

Dear Honorable Senator Akaka,

I am concerned about my wife's DIC payments after I die. I am a former resident of Hawaii. I write you today as a combat wounded Vietnam veteran, recovering from cancer treatments and surgery. While putting my affairs in order, I came across a veterans website posting which brings me to you today.

I read this veterans widow's posting on Christmas, . ...I have come to Hadit this time with a broken heart. My kind and sweet husband of 27 years died last Friday. ...

Saturday, January 3rd, the widow wrote, ...I was glad to see that VA had deposited his payment as usual for the month of his death. Auto payments were due to post in a few days -- and..... But late yesterday afternoon, VA withdrew the entire deposit. I'm wondering how VA could withdraw the entire amount.

Reference is made to the "Honolulu Star Bulletin," Dec. 20, 2008.;

<H1 id=storyTitle>VA to fix spousal-payment glitch</H1>A Maui widow's plight highlights a computer error that wrongfully denied certain benefits

By Gregg K. Kakesako

POSTED: 01:30 a.m. HST, Dec 20, 2008

****The Department of Veterans Affairs will begin issuing retroactive payments this month to eligible surviving spouses of war veterans who have been wrongfully denied up to millions of dollars in government benefits over the past 12 years. The problem was pointed out to VA director James Peake last week by Sen. Daniel Akaka, chairman of the Veterans Affairs Committee, after the Hawaii Democrat received a complaint from Ruby Sasaoka of Kula, Maui, who was told by the VA that she wasn't entitled to her husband's last pension and disability check of $2,669.

Her husband, Raymond Sasaoka, died last December and she had used his last VA check to pay for funeral expenses. He had served in the Korean War as an Army corporal and suffered from post-traumatic stress disorder and hearing loss.

In January, the VA told Ruby Sasaoka to return the money and nine months later the U.S. Treasury took the money out of her checking account.

However, Congress passed a law in 1996 giving veterans' spouses the right to keep their spouses' final month of benefits.

But the VA never updated its automated computer systems, which sends out checks and notification letters. As a result, spouses were either denied the final month of payment or asked to send the checks back. If the checks were already deposited or spent, the U.S. Treasury moved to seize the money directly from their accounts.

"This flawed practice has caused serious hardship for many widows," Akaka said last week. "Now that this problem has been brought to light, I trust that surviving spouses will receive the benefits they are due."

Based on Akaka's inquiry, Peake established a special task force to identify and pay the beneficiaries who never received the benefit or were inadvertently required to repay the money issued for the month of a veteran's death.

The task force is reviewing VA's payment records for veterans who died after Dec. 31, 1996, and who are survived by a spouse. The review will identify those to whom VA owes retroactive benefits for the month of the veteran's death.

Because there are deceased veterans for whom VA does not have marital status information, a special Survivors' Call Center has been established for spouses who believe they may be entitled to this retroactive month-of-death benefit.

Surviving spouses are encouraged to contact the Survivors' Call Center at (800) 749-8387, Mondays through Fridays. Inquiries may also be submitted through online at www.vba.va.gov/survivorsbenefit.htm.

Akaka's committee estimates that 50,000 surviving spouses each year since 1996 could be affected, based on VA numbers. Out of that 50,000, some spouses might have received the payments they were due if they called the VA at the time to inquire about their rights.

It is arrogant of the bureaucrats responsible for correcting the problem, to have failed you and the widow, whom I don't know. VA director Peake needs to be brought before the Senate Veterans Affairs Committee and be chastised for his slow action to your comments to him. It also makes you look easily beguiled by those you are burdened to oversee, and if I may be blunt... ineffective as a leader.

What are you going to do about this?

Again, I am concerned about my wife's DIC payments after I die.

Yours truly,

xxxx xxxxxxxxxx

Edited February 7, 2009 by Commander Bob 92-93

[cowgirl]

Free, my heart breaks and celebrates for you all in one. I cannot believe this has occured to you - a veterans widow. I continue to pray that eyes will be opened with your persistence for whats due. Don't ever give up!

I am so glad and was standing on my head knowing how wonderful you have been treated. If I had an address, I'd sure send that judge a thank you note. Talk about a public servent! Ssa should come through for you quickly and smoothly now.

Happy birthday to 'the love of your life', ice cream is always special! I am sure glad to have read Elisabeth Kübler-Ross, helped me grieve and carry on more confidently.

Best to ya.

Cg'up2009

[free_spirit_etc]

Commander Bob,

My heart goes out to you and your wife as you battle the cancer. I know from experience what a bitter-sweet battle that can be.

Whenever the Bureaucrats give me the run around - I think "Hey, if my husband was still alive - he would be kicking your $%#$ right about now!"

I think I posted in another post - he wouldn't really kick them, but could talk to them calmly - and even politely, but in a way that they would get the message that they would prefer to have their %$%# kicked rather than have to listen to him. (He was a retired Air Force CMSgt.)

OMG - I remember a time a nurse tried to get me to leave his hospital room - and he shot up out of that bed - and pointed at me and declared "SHE is STAYING!" - pointed at the nurse and declared "YOU are LEAVING!" and told the nurse that they were only allowed to come back in the room to give him his medicine at the scheduled time - and ended with "Do you have any questions?"

The nurse was sputtering all over the place, but didn't have any questions, except to ask how to make us more comfortable.

LOLOLOL He was MY HERO - standing up for me like that!!

Likewise - you are certainly a HERO for your campaign to help the "widows and orphans" that the VA is neglecting to "care for."

Your post prompted me to post the depth of the problem concerning the month of death payment and the "computer glitch conspiracy theory."

You will most likely find the post disturbing, but eye opening.

You can find the post at:

http://www.hadit.com/forums/index.php?showtopic=23727

I think that is the link. If it doesn't link - it is the post in the DIC forum titled "How many times does the VA require widows and orphans to beg before they "care for" them."

Much luck to you!

Free - "Applauding Commander Bob for being a HERO of widows and orphans!!!!"

I was saddened, angered, amazed and now hopeful after reading your experiences free sprit etc , as well as other widows recounts of complications with DIC, last month death payments, VA seizers from bank accounts, and more... By your postings here, Free, you are a voice and an advocate for those who cannot, or who are too intimidated to speak up for themselves. I recently wrote the Chairman of the Senate Veterans Affairs Committee, on this issue:

Edited January 16, 2009 by free_spirit_etc

[free_spirit_etc]

The decision was not quite as favorable as I was expecting - but was VERY favorable!

The favorable part - my son was approved for Survivor's Benefits as an Adult Disabled Child on my husband's record. He has been on SSI since 1993 (at age 14) - but now he will move over to SSD. He was approved going back to May 1, 2007.

The not favorable part - He was not approved back to my husband's death (February 2007). Though this only involves a few months - it also involves some pretty inmportant issues - concerning whether my son was living with and receiving one-half support from my husband at that time.

Also questionable was they were all about making a decision on MY claim (for having an entitled child "in my care" and had me run my stuff over to the Appeal Office to make a decision - but now I was told it will be scheduled for a hearing. So that doesn't look like a good sign. Not sure why - but that is all I know.

Free