Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×

Will The Va Notify Me If I Was Overpaid On My Pension?


Recommended Posts

I was at a va psychiatric hospital and a VA representative filled out my claim for a disability pension. I had just lost my husband and I was in shock and grieving. I spent eight months in the psychiatric hospital and due to the medications I honestly don't remember much.

Since then I have been an inpatient and an outpatient for almost three years. I have had many shock therapy treatments and my memory is shoddy to say the least.

My question is if I was overpaid by the VA will I receive a letter of notification. Will the VA give me a chance to respond and request a way to make small payments to resolve the issue and will they allow me to request a waiver?

OR will the VA simply stop my pension without notifying me first and giving me time to try to make arrangements?

I am just paranoid, I have no other means of support and I would be homeless without my pension.

Thank you in advance for your response.

Link to comment
Share on other sites

  • Replies 13
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

"My question is if I was overpaid by the VA will I receive a letter of notification. Will the VA give me a chance to respond and request a way to make small payments to resolve the issue and will they allow me to request a waiver?"

They certainly will notify you and they will give you chance to respond and to work out something with them.

I am concerned here though-as to why you fear an overpayment on your pension?

I see you get 10%-do you mean you get 10% VA compensation?

Or do you mean you are 10% service connected but the pension is the greater amount so you receive the pension?

Is it possible that the 10% is way too low?

If it is 10% SC for psychiatric disability-this sounds like reason to file for TDIU.

If you can get a VA service connected rating that would put you over pension amount- then they would drop the pension but the compensation would be a better benefit.

Was your husband a veteran?

If so did he have any service connected disabilities?

I am a widow and we have other widows here at hadit.

It can be a terrible shock but we must go on- they want us to.

I am sorry for your loss.

Link to comment
Share on other sites

"My question is if I was overpaid by the VA will I receive a letter of notification. Will the VA give me a chance to respond and request a way to make small payments to resolve the issue and will they allow me to request a waiver?"

They certainly will notify you and they will give you chance to respond and to work out something with them. Will my pension continue as it is now while I work this out with the VA? I am in fear it will just stop and I have no income other than the $985 that I receive monthly. If I lose it, I will be homeless, literally. I have not yet received any letter or anything from the VA as of the present. My caseworker says it will not be discontinued, but I am not certain that she knows what will actually happen.

I am concerned here though-as to why you fear an overpayment on your pension? I received a notice from the IRS for not filing in 2007. I didn't think I needed to, I was on SSDI only, but when my husband who was my payee died in October 2007, they immediately stopped my SSDI. I had an annuity from a former job that I was medically retired from when I got to sick to work in 1999. When I was in the va psychiatric hospital a veterans' representative encouraged me to file for the va pension. He submitted all the information, I don't recall if he included the annuity amount.

I see you get 10%-do you mean you get 10% VA compensation? I receive $985 per month, they gave me that as I had no annual income and I am totally unable to work any longer.

Or do you mean you are 10% service connected but the pension is the greater amount so you receive the pension? The pension is greater than the 10 %, so they gave me the non service connected pension for veterans with little to no income

Is it possible that the 10% is way too low? I don't know

If it is 10% SC for psychiatric disability-this sounds like reason to file for TDIU. What is a TDIU?

If you can get a VA service connected rating that would put you over pension amount- then they would drop the pension but the compensation would be a better benefit.

How do I go about doing that, I am sorry I haven't a clue, I have had constant shock therapy for over 18 months.

Was your husband a veteran? Yes, but we were common law and when I was in the psychiatric hospital his family stepped in and I believe that they got all his benefits.

If so did he have any service connected disabilities? No.

I am a widow and we have other widows here at hadit.

It can be a terrible shock but we must go on- they want us to.

I am sorry for your loss.

Thank you so much for your response, any advice or knowledge will be greatly appreciated.

Link to comment
Share on other sites

I see why you are concerned:

"I received a notice from the IRS for not filing in 2007. I didn't think I needed to, I was on SSDI only, but when my husband who was my payee died in October 2007, they immediately stopped my SSDI. I had an annuity from a former job that I was medically retired from when I got to sick to work in 1999. When I was in the va psychiatric hospital a veterans' representative encouraged me to file for the va pension. He submitted all the information, I don't recall if he included the annuity amount."

Who gets your SSDI as payee now?????? why did they 'stop' the SSDI? I assume this was for your own disability? Why would SSDI stop if you are still totally disabled.

"I don't recall if he included the annuity amount"

This could be critical if the VA proposes to stop the pension-

I suggest you call the vet rep who handled the application to see if the annuity was listed.

Do you get annual income statements from VA for the pension? I forget what it s called- someone will know here-

Did you list the annuity on any of these forms since filing the pension claim?

Did you have any private medical expenses that were deductible for pension purposes to put on the income form?

I think it is called an income verification form?

Did the vet rep see any possibility for filing for a higher SC rating?

Edited by Berta
Link to comment
Share on other sites

  • HadIt.com Elder

You have been getting shock therapy for 18 months and you are only rated 10%? Shock therapy is for the most severe depression where there is a chance the person will die due to just shutting down. You need to get a lawyer and file a claim for 100% benefits. Are you 10% for a psychiatric disorder. If so get a lawyer. You should not be fighing the VA and SSDI by yourself in your condition. Did you talk to a lawyer when your SSDI was stopped? I think you really need professional legal help.

Link to comment
Share on other sites

I see why you are concerned:

"I received a notice from the IRS for not filing in 2007. I didn't think I needed to, I was on SSDI only, but when my husband who was my payee died in October 2007, they immediately stopped my SSDI. I had an annuity from a former job that I was medically retired from when I got to sick to work in 1999. When I was in the va psychiatric hospital a veterans' representative encouraged me to file for the va pension. He submitted all the information, I don't recall if he included the annuity amount."

Who gets your SSDI as payee now?????? why did they 'stop' the SSDI? I assume this was for your own disability? Why would SSDI stop if you are still totally disabled. I don't have the details why it stopped, as I said I was hospitalized for almost eight months right after October 2007

"I don't recall if he included the annuity amount"

This could be critical if the VA proposes to stop the pension-

I suggest you call the vet rep who handled the application to see if the annuity was listed. I don't know who he is, all I can recall is that it was filled out at the veterans hospital in Waco Texas; I have requested all my medical records from there, do you think it would be in there or just medical reports? I am in San Antonio now.

Do you get annual income statements from VA for the pension? I forget what it s called- someone will know here- I received a statement dated March 2010 stating I did not have to fill out a EVR, I think that is what they call it, for 2009. I don't know if one was sent for 2008. I spent half of that year in the hospital and as a patient inhouse and out. I am under the care of the Mental Health Intensive Case Management team, I meet with the weekly to get my medications. Up until February of this year, they paid me house visits once a week, picked me up for appointments and shock therapy treatments. I have improved somewhat, so I take the bus to the va daily now, I attend coping classes through a group called Stepping Stones at the VA.

Did you list the annuity on any of these forms since filing the pension claim? No, I honestly didn't remember cashing it in in 2007. My husband was so sick, I just got a letter about it in the mail, so I filled out the forms, it came to late to help him, he died in October, I received it in December 2007. My VA rep filed for the pension in early 2008. I got my first pension in June of 2008.

Did you have any private medical expenses that were deductible for pension purposes to put on the income form? No, I had no private medical expenses, I know I was on medicare. My husband took care of all that, I had been housebound and I got care through the local MHMR in Bastrop, Texas since 99. I have been agoraphobic, bipolar, depressed and extreme anxiety since 1999. I see visions and I hear voices, they tell me to hurt myself, so I had ect before my husband died through MHMR too.

I think it is called an income verification form?

Did the vet rep see any possibility for filing for a higher SC rating? As I said, the VA rep was in the hospital at Waco, I only saw him once. I don't even recall his name.

I am working with my case manger down here, she just said that if I hear from the VA that they will allow me to make small payments or give me a waiver. I don't think she really knows for certain. I am trying so hard to work on this, MY BIGGEST FEAR IS THAT THEY WILL JUST STOP MY PENSION, LEAVING ME HOMELESS. Will they notify me first, give me time to get all the records and then do I go before them and make arrangements, or do they just stop it completely without warning? I am just terrified, again, I haven't yet heard anything from them, but I am sure it is coming.

I just don't have a cent to get legal help, I have $25 in my bank account, waiting on the first of the month and praying that my pension will come in on June 1. Just terrified.

Link to comment
Share on other sites

You have been getting shock therapy for 18 months and you are only rated 10%? Shock therapy is for the most severe depression where there is a chance the person will die due to just shutting down. You need to get a lawyer and file a claim for 100% benefits. Are you 10% for a psychiatric disorder. If so get a lawyer. You should not be fighing the VA and SSDI by yourself in your condition. Did you talk to a lawyer when your SSDI was stopped? I think you really need professional legal help.

I have no funds for legal help, I don't know where to even begin. The ten percent isn't for psychiatric. It is humiliating to say this, but I was raped by my commanding officer in the military. That was in the early 70s, that was a time when you were not allowed to report it, I was told if I reported it that I could face courtmartial and also that was back in the day when they said we women asked for it and it was our fault if something like that happened. I attempted suicide at that time, I don't know if that would be in my military medical records, but that is the only thing that would appear in my military records if they even reported it as such. They just stitched me up and sent me back to the barracks. Should I request my military records and would they include medical records? As I said, or tried to say, I have been mostly housebound since 1999. going out only for medical appointments. When my spouse died, I was totally alone, MHMR sent me to the Austin outpatient VA clinic after a suicide attempt and they sent me straight to the Waco VA psychiatric hospital. After about eight months, I was released, went to San Antonio to be near my son, but he got a job offer in another city that was too good to pass up. I sat in my apartment for three months, one night I was very depressed and suicidal, so I caught a cab to the VA in San Antonio, I have been under their care for the last 18 months.

Again, my biggest question is, since I haven't heard anything, is if the VA does contact me about an overpayment, will my pension automatically stop or will it continue until I can present my case to them?

Thank you in advance for your response.

Link to comment
Share on other sites

There are many cases regarding overpayments at the BVA web site.

Each one depends on the specific circumstances.

You seem to expect that the VA will contact you regarding the pension.I cannot determine if they will or not.

http://www4.va.gov/vetapp10/files1/1008305.txt :

n part-

“Legal Criteria

Recovery of overpayment of any benefits made under laws

administered by VA shall be waived if there is no indication

of fraud, misrepresentation, or bad faith on the part of the

person or persons having an interest in obtaining the waiver,

and recovery of the indebtedness from the payee who received

such benefits would be against equity and good conscience.

38 U.S.C.A. § 5302©; 38 C.F.R. §§ 1.963(a), 1.965(:D.

The United States Court of Appeals for Veterans Claims

(Court) has defined bad faith as "a willful intention to seek

an unfair advantage." Richards v. Brown, 9 Vet. App. 255,

257-58 (1996). The provisions of 38 C.F.R. § 1.965(;)(2)

define bad faith as an unfair or deceptive dealing by one who

seeks to gain thereby at another's expense. Thus, a debtor's

conduct in connection with a debt arising from participation

in a VA benefits/services program exhibits bad faith if such

conduct, although not undertaken with actual fraudulent

intent, is undertaken with intent to seek an unfair

advantage, with knowledge of the likely consequences, and

results in a loss to the government.”

I think you should contact the SSA to see why the checks stopped.

If you are 60 or older you should be eligible for SSA retirement on your husband's record-

if for some reason the SSA stopped your checks because they considered yo were not permanently disabled

anymore.

This could not be received (SSA retirement) along with the VA pension but it could be a higher amount than the VA pension is.

The only situations I know of regarding overpayments did not stop the check from coming =except in one case.

It was a local widow's case. In those days widows were not eligible to retain DIC if they re-married.A remarried widow was found to have continued to get DIC after her re- marriage.VA found out and stopped her DIC checks.and sent her a bill for a large amount.

The local VSO filed for an administrative review of her case but she lost it.

The VA's position was that she knew that the law prohibited getting DIC (in those days) after remarriage,and they would not waive the debt.

I suggest you call SSA about the matter there and then try to get a vet rep or service officer to help you with the possible overpayment-for their advise.I wold think they would have offices in or near the VAMC that treats you.

Link to comment
Share on other sites

I am not suggesting at all that you did anything wrong-

maybe this case explains it better:

http://www4.va.gov/vetapp10/files1/1011078.txt

The veteran knew that he could not work and get NSC pension too-

he chose to work anyhow.The VA would not waive his debt of over 57,000.00 because he knew he was breaking VA criteria to receive the NSC pension.

I feel a good vet rep could advise you on this pension situation as well as possibly advise you to re-open a claim regarding the rape.We asked about the 10-% to see what that was for and if it should be rated higher.

Any vet on a VA pension is much better off if they can increase their SC rating to a percent higher than the pension amount.

Edited by Berta
Link to comment
Share on other sites

I am not suggesting at all that you did anything wrong-

maybe this case explains it better:

http://www4.va.gov/vetapp10/files1/1011078.txt

The veteran knew that he could not work and get NSC pension too-

he chose to work anyhow.The VA would not waive his debt of over 57,000.00 because he knew he was breaking VA criteria to receive the NSC pension.

I feel a good vet rep could advise you on this pension situation as well as possibly advise you to re-open a claim regarding the rape.We asked about the 10-% to see what that was for and if it should be rated higher.

Any vet on a VA pension is much better off if they can increase their SC rating to a percent higher than the pension amount.

Berta I appreciate your answers. Do you think I can keep my pension until I can present my case. Again, I haven't yet got any letter from the VA about this. I have $24 in the bank and I am terrified I won't get my disability on June 1.

Please understand I am not looking for sympathy, I am just very afraid of becoming homeless again.

Sincerely,

Marti

Link to comment
Share on other sites

I cannot imagine you should need to worry about the next pension check.

I am sure you will receive it and that-if the VA does ever question the pension you get-they will send you a letter and you will certainly have time to appeal anything they try to do.

You were critically ill for a long time and this is something they would have to understand-one cannot expect you to remember everything as to the pension and the annuity etc----

I am more concerned for you as to the SSDI benefit you got which SSA stopped sending.

I hope the VA didnt somehow appoint another payee who has been getting this money. :D

That would be terrible.SSA could help you find out why it was stopped or where the money went.

Marti= there is a staggering amount of homeless female vets in the USA!

As well as male vets who are homeless. It is a travesty and heartbreaking but there are some programs to help them.

I can sure understand your fear but I sure do not think you need to worry about this.

VA would certainly allow you to 'present your case' if they ever send you an overpayment letter.

Many vets get overpayment letters and many do get waivers=it all depends on the specific case.

Link to comment
Share on other sites

  • HadIt.com Elder

When you get the immediate fixed you need to get your service medical records to see if an attempted suicide is in your records. How was this resolved? Service members who try to kill themselves are usually locked up for a while, and then discharged. Was there a coverup?

Link to comment
Share on other sites

When you get the immediate fixed you need to get your service medical records to see if an attempted suicide is in your records. How was this resolved? Service members who try to kill themselves are usually locked up for a while, and then discharged. Was there a coverup?

I think so, since I was ordered not to report the rape because of who he was and his rank. As I said, it was during a time when women were held responsible, they said that we dressed for it, "asked for it" and I was threatened with military action if I did say anything to anyone. That is what was harder to get over than the act itself. I even got married to a man that I only knew for 31 days for "protection". We stayed together for 24 years and I do have a great son to show for it. As I said, they stitched me up and sent me back to the barracks. I was just a private, so I did what I was told. I finished my term of service and got an honorable discharge because I followed orders. Now, years later, I understand that I certainly wasn't the only vietnam era WAC who went through a situation like this.

I just think that maybe my mental disorder may be considered service connected if they put it in my records. I doubt they did, they most likely just said I cut myself.

Thank you for your response.

Link to comment
Share on other sites

My question is if I was overpaid by the VA will I receive a letter of notification. Will the VA give me a chance to respond and request a way to make small payments to resolve the issue and will they allow me to request a waiver?

OR will the VA simply stop my pension without notifying me first and giving me time to try to make arrangements?

I am just paranoid, I have no other means of support and I would be homeless without my pension.

Thank you in advance for your response.

Ohhhh, yes they will, to both your questions!! I had both SSD AND Pension before the VA yanked my pension. I claimed a hardship due to the fact that I was engaged and the pension was paying part of my rent and car while the SSD was doing the bills and food ect. Still they yanked the pension and I have a $8,000 debt to them. Oh, did I mention the fact that I lost my fiancee because of this BS?!?!

Edited by ranger11bv
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines