A Finding Of Incompetency Is Proposed.

[otoolejp]

I was granted 70% for SC Schizoaffective disorder yesterday, and in it says:

A finding of incompetency is proposed. You will receive a separate correspondence discussing this issue. We have withheld your retroactive payment pending our decision on incompetency.

Later in the letter it says:

Your VA examination shows the examiner opined your are (sic) not capable to (sic) managing your won (sic) financial affairs (Who is the incompetent one?) Since there is a definitive finding of incompetency by a physician in this case and you are shown not to be able to manage personal affairs to include disbursement of funds, we propose to make a determination of incompetency for VA purposes.

This really scares me. I did several hours of research on the fiduciary program and found spouses being removed as fiduciary, court cases for embezzlement of veteran's funds by their fiduciary and so on.

I'm scared that if they do find me incompetent that they won't even appoint my spouse as my fiduciary, as we have horrible credit from my medical bills, hospital stays, and the birth of my daughter this year. If they'd simply give me my retro, I would be able to pay off all my debt other than my house, and student loans and our credit would improve.

They say I have 30 days to request a hearing (which also scares me, I am agoraphobic and do really badly around strange people.) I'm assuming I should request a hearing.

I did my benefits claim and got my 70% SC without a VSO or lawyer (my wife really did most of the work) and I have heard good and bad things about VSOs. Should I get one? There only seems to be one VA certified VSO in Idaho.

They also sent me a 'Statement in support of claim' document to fill out. Maybe I'm just dense, but I don't know what I could possibly put on it other than "My wife and I have a monthly budget meeting, and then pay the bills together. Our budget plans are such that we expected to be fully debt free other than our house and student loans by November 2014, not counting any monies from the VA. Now that I have been awarded a retroactive payment, I have created a new budget for these monies to pay off these same debts we were expected to have paid by November 2014. Our new budget including the VA granted money calls for contributions to my wife's 401k, the fully allowed yearly contribution for each of us to IRA accounts, monthly savings, the building up of 2 years food storage for emergencies, and savings to purchase a replacement vehicle to replace my wife's aging car."

I read around and I plan to get an IMO from my psychiatrist (she helped with a letter for SSDI) stating that I am competent to handle my own finances. Is there anything else she should include in the letter?

I'm wondering where "Since there is a definitive finding of incompetency by a physician in this case" came from? I'm assuming my C & P? I was extremely stressed out and having panic attacks during my C & P, I have memory loss issues anyway, and my C & P lasted over 4 hours, but I don't remember her ever asking anything that could be used to assume I'm incompetent to handle my finances, to include, who pays the bills in your family, though I might just not remember it. Is it my C & P that will show where this definitive finding of incompetency came from? If so, how do I request a copy of it? If not, what can I request from the VA that would show how they came up with that finding? I want to know what they said so I can go into my hearing prepared to fight back.

I in no way am incompetent to handle my finances, in fact, I alone handle my wife's 401k mutual funds and such, I've also received A's in college financial and managerial accounting in the past.

Your answers and time are greatly appreciated (I know I asked a ton of questions, I'm sorry), as I am trying anything I can to alleviate my stress and depression over possibly having my future controlled by someone who doesn't know or care about me. I'm a real mess, but handling my budget is one of the few things that I'm capable of that makes me feel like I am contributing to the inordinate amount of work my wife has on her plate as the bread winner, and caretaker of me, our house, and our daughter.

Is there anything else I need to know or do to help my chances at fighting this?

I'm crazy, not incompetent. /sigh

[meghp0405]

I would suggest that you submit a VA FM 21-4138 and request the hearing and plead your case. If you have a medical authority that can give additional information that would provide in your favor, then do so! If she can attend the meeting with you and your wife, that's icing on the cake my Brother!. If you have any documentation that shows that you handle your finances, (signed checks) bring those as well. Your tax advisor, if he/she can prepare a statement for you, or even attend with you, again, more icing!

Now, If the VA decides that you are incompetent, you can request that your wife be made your fiduciary. In the cases that I have assisted veterans, this request was always granted.

You also stated that you have retro pay due. The VA will NOT release those funds until the incompetency issue is decided and a fiduciary is appointed (if deemed necessary) . If, the VA decides that you are capable of handling your finances or if a fiduciary is appointed, you will receive a rating decision with their decision

It was the C/P exam that initiated your proposal for a fiduciary, You can write to the address at the top of your rating decision and request a copy of your C/P exam(s). Here in Kentucky, it takes around 10-14 working days to receive this. Obtain, these documents and take them to your psychiatrists for her review. She will need the results so she can begin working on a defense for you. The sooner the better.

I would also suggest that you obtain an VSO to assist you during your hearing. They are located at the VA hospital in your area. At least for go and speak with them and obtain their suggestion.

Again, obtain a copy of your C/P exam(s) and get them to your doc as soon as possible. That's half the battle....

Good luck to you!

[otoolejp]

"If, the VA decides that you are capable of handling your finances or if a fiduciary is appointed, you will receive a rating decision with their decision"

Is the rating decision a yes or no, you are incompetent, or are you saying it will change my 70% SC?

[otoolejp]

I've searched and searched for what you should put on the VA FM 21-4138 to support your claim for competency. Does anyone know of a helpful link?

[Tinker]

I'm in the same boat. Unbeknownst to me that saying you have help paying your bills would create a headache. I've been worried prior to getting another C&P for increase. The proposal was mentioned in my award letter last Nov. "along with my retro too". I sent a 4138 stating I could handle my finances the same time I filed for an increase in Jan. of this year. Now the issue with the fiduciary has been lingering all this time but will be decided when my claim finishes. They'll decide on the competency, the increase, and the dependency all at once. I can't say what'll happen in your case but for me, compared to reading about fiduciary here, I'll be okay I believe. But yeah, if you have a private physician, have them write a statement so you can get it in.

[Berta]

"I read around and I plan to get an IMO from my psychiatrist (she helped with a letter for SSDI) stating that I am competent to handle my own finances. Is there anything else she should include in the letter?"

That fact that SSDI has deemed you as Competent as I assume they have, and she could give a brief medical rationale for proof of your competence.

We have a lot of info here on this issue.

"I in no way am incompetent to handle my finances, in fact, I alone handle my wife's 401k mutual funds and such, I've also received A's in college financial and managerial accounting in the past." Proof of that would help.

Meg covered it all quite well here.

A friend of mine was declared incompetent by VA and his wife, a MH professional (non VA)was the logical choice to be his payee. But it took VA many long months to interview her and make her the payee.

Since the fiduciary fiasco with VA has come to light,hopefully it will go smoother for you but best case scenario is to be considered competent yourself. ...which you are

My friend above was waiting for almost a quarter of a million in retro.No wonder the VA stalled with it all.

"I'm crazy, not incompetent. /sigh"

You are disabled by your service., and waiting for what our grateful nation owes you for your sacrifice.

Hell ......we claimants are probably all crazy.......from dealing with the VA..

..

[otoolejp]

Thanks for your kind words Berta.

I went down to the VARO today to request my C & P exam, and the rep told me it was going to take six months to get a copy. Is it even going to be that long before they schedule a hearing on my incompetency?

I'm also going down to the DAV on Friday after I see my Psychiatrist for the IMO. It would have been nice to be able to show my doctor the C & P exam first so she could dispute it, but it doesn't look like that's going to be an option.