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

[widoweddisabledvet]

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.

[Berta]

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.

[Berta]

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 May 25, 2010 by Berta

[widoweddisabledvet]

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

[Berta]

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.

[john999]

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?