Fiduciary Adjustment

[Sidney56]

I just checked ebenefits to see if they were doing anything with my dependency

claim, and as usual everything is still in the development stage. Now this is

even though I submitted the paper work going on 2 months ago, after they kept

asking for documentation on my marriage and son's dependency about 5 times. Last

time I sent the information by my VSO, fax and certified mail.

I also saw that "Fiduciary Adjustment" had been added to claims in the development

stage. Sent in a 4138 disputing the proposal of incompetence and asking for my wife

to be appointed if one was deemed necessary. Sent this in about 2 months ago also.

Still have not heard anything concerning it.

What is this Fiduciary Adjustment crap? Seems like they are up to their old tricks

of assigning a fiduciary without any notification or interview.

Also, if my wife is appointed as my fiduciary, what restrictions are imposed on how

we spend my OWN money?

[CaravanDan]

https://www.nraila.org/articles/20160520/outrage-of-the-week-illinois-sen-dick-durbin-blocks-efforts-to-restore-rights-to-veterans

[Pete53]

She mostly will have to complete a report every year on how the money was spent. Its more of a report than how money is used. As long as the report is that money was spent on you its pretty much ok.

[Sidney56]

Thanks Pete for your info.

Just received brown envelope giving official notice that they have indeed

found me to be incompetent.

It states as follows:

In our letter of April 1, 2011 we told you that we were reviewing evidence about

your ability to handle your own financial affairs. We finished the review and decided

that you are not competent for VA purposes.

What We Decided

The evidence shows that your disability keeps you from ably managing your Department

of Veterans Affairs(VA) Benefits. Therefore, we will find someone to manage them for

you.

Evidence

* VA compensation examination dated August 16, 2010

* Examination for housebound status or permanent need for regular aid and attendance

dated May 24, 2011

Competency to handle disbursement of funds.

The claimant is not competent to handle disbursement of funds effective June 10,2011,

the date of this rating decision.

In the rating dated March 29, 2011 we notified you of our proposal of incompetency for

VA benefits based on review of all the evidence of record. We received an additional

examination for housebound status or permanent need for regular aid and attendance

which states due to your cognitive impairment you are not capable of managing your

financial affairs. Based on the evidence of record and the additional medical evidence

received we have found you to be incompetent for VA benefits.

Can they appoint someone else without notifying me first? If they can, there goes my

monthly check which at least now I can pay my bills.

I didn't notice that my Psy had put unable to handle financial affairs on the A&A form.

There is no mention of my wife being considered!!

What do I do now? Wait to see who is appointed or file a NOD?

Man...this really sucks!!!

[Pete53]

You can still appeal any decision that they make.

[QUAD50]

Go to www.vawatchdogtoday.org and you will find EVERYTHING you need to know but be aware that time is critical as to what you can do. The Freeman decision will help you.

[Sidney56]

That is exactly what I intend to do Pete, if they don't appoint my wife.

Yea, I'm aware of that QUAD50. I can't do anything until they make an

appointment. Just have to wait and see what they decide to do.

I have read the watchdog info at least a thousand times and every time

it depresses me to see the sh*t they are doing to VETS without any

repercussions.

Go to www.vawatchdogtoday.org and you will find EVERYTHING you need to know but be aware that time is critical as to what you can do. The Freeman decision will help you.

Edited June 17, 2011 by Sidney56