Incompetency Issues

[Berta]

No single non -attorney veteran's advocate has done more for veteran's on this issue then Jim Strickland.

ANY veteran who anticipates a potential large retro on any MH issue could be faced with VA's proposal of incompetency---guaranteed to hold up the retro payment for many months as well as possibly end up having a VA appointed fiduciary and I already have posted Dept of Justice stuff here at hadit as to some of the crooks the VA appointed as vet's fiduciaries.Those vets will never recover the compensation they lost.

Jim sent me in email these links that are imperative for anyone awaiting a VA C & P for a MH issue or who has been sent a letter indicating VA is proposing incompetency. He makes very logical points here that we all need to be aware of:

http://www.jimstrickland912.com/C_and_P_Examinations.html

http://www.jimstrickland912.com/Fiduciary_Appointments.html

In part:

"When you are asked, "How are finances handled and bills paid around your house?, be aware that the wrong answer could start the fiduciary appointment process for you.

A simple reply like, "My wife handles my checkbook and pays the bills at my place." is a signal that says you are incompetent to handle your own finances."

and

"To most C & P examiners that means you can not handle your own finances. They will make a brief note, "Veteran is not competent to manage his finances."

Once that little remark is in your record, you have a world of problems coming your way.

You will then be notified that there is a "proposal" to appoint a fiduciary for you. The first contact may be by mail or by telephone.

VA will ask to set up a meeting with you in your residence. This meeting will be with a VA Field Agent (or examiner) who will ask you about your finances, do background checks on people in your home, perform credit rating checks and so on. He/she will tell you that as an incompetent veteran you can not have guns in your house and you will not have the right to purchase firearms."

(PS I had no idea VA does background checks for these issues on the vet- they should have done them on the felons they appointed as fiduciaries)

His links also remind us of the important Freeman Decision:

"

In 2011 there was a major decision by the CAVC that is beginning to help change things. That's usually called The Freeman Decision and you should read it now. This is a complex legal document but it will help to to develop your appeal."

The decision is here at hadit and it is of enormous importance for all of us as it specifically highlights our Due Process rights

[95bmp]

hello everyone this is an update on the proposal by the va to rate me as incompetent.I went to see one of my mental health provider she wrote a statement stating that she had been seeing me for over four yrs and that I was competent to handle my finacinal affairs.I also sent in copies of my online payment and a statment telling them that I have been receiving ssdi solely for ptsd for over ten yrs.my vet rep has been of little or no help she wanted to give up on the issue.thank God for this forum.today i went to file a nod and tdiu claim she tried to talk me out of it saying that it would affect my incompetent claim but I filed anyway.my question is do you think it will hurt my competent claim.thank you.

[sammy104]

Hi Berta, CREDIT SCORE QUESTION 4 U,

I went to one of the links u posted above...specifically to FIDUCIARY APPOINTMENT, to see a mention that the field agent may find that my credit is not good enough to be my husbands fiduciary. Of course our credit is not great. Hubby is disabled, almost four years, with many claims still being processed, A &A, 1151, TDIU. Claims started in 2010. The only one I can see on ebennys is he got increase on SC from 20% , now up to 40%. My question to you is what exactly are they looking for credit wise? My score ain't high, but we have cleared up ALL our collections as of 18 months ago, and apparently it takes 7 years for bad info to fall off credit report?

NEXT CLOSEST RELATIVE QUESTION,

Also, can our adult daughter be fiduciary? She has good credit but lives 30 mins away. Anybody and everybody can vouch for her as excellent back up relative to be hubbys fiduciary if my credit won' pass.

CONFUSED. Also, why do we even have to do this fiduciary stuff? He only got 40% rating. No direct cash, just different tax status, up from 20%. No retro cash...just tax info on paper, right? Thank you Berta

[sammy104]

Hi Berta, CREDIT SCORE QUESTION 4 U,

I went to one of the links u posted above...specifically to FIDUCIARY APPOINTMENT, to see a mention that the field agent may find that my credit is not good enough to be my husbands fiduciary. Of course our credit is not great. Hubby is disabled, almost four years, with many claims still being processed, A &A, 1151, TDIU. Claims started in 2010. The only one I can see on ebennys is he got increase on SC from 20% , now up to 40%. My question to you is what exactly are they looking for credit wise? My score ain't high, but we have cleared up ALL our collections as of 18 months ago, and apparently it takes 7 years for bad info to fall off credit report?

NEXT CLOSEST RELATIVE QUESTION,

Also, can our adult daughter be fiduciary? She has good credit but lives 30 mins away. Anybody and everybody can vouch for her as excellent back up relative to be hubbys fiduciary if my credit won' pass.

CONFUSED. Also, why do we even have to do this fiduciary stuff? He only got 40% rating. No direct cash, just different tax status, up from 20%. No retro cash...just tax info on paper, right? Thank you Berta

[sammy104]

Anybody?

[Berta]

"Also, why do we even have to do this fiduciary stuff? He only got 40%
rating. No direct cash, just different tax status, up from 20%. No
retro cash...just tax info on paper, right?"

Sure beats me. If ebenefits says he is now at 40% , why do you think VA will consider him incompetent?

Did he get some letter like that from the VA proposing incompetence?

VA usually only proposes incompetence when they have a MH veteran at 100% or TDIU as far as I know.