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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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widoweddisabledvet

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

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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.

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"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.

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"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.

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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

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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.

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