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

[stillhere]

Getting a copy of your C&P when it has to do with mental can be hard to do simply because they don't want you to read what the examiner said about you so that it will not set you back in your treatment.

As far as the incompetency part you will have to plead your case almost just like your first post here which I found very good coming from someone who is incompetent. In other words lay it out just like here and I feel you will when the right to pay your own bills. But you have to remember this will add more stress to your world and that is all they are trying to help you with.

Stillhere

[Loose Cannon]

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.

Getting a copy of your C&P when it has to do with mental can be hard to do simply because they don't want you to read what the examiner said about you so that it will not set you back in your treatment.

If your C&P exam was done at the VA, you are entitled to request a copy by going to the Release of Information (ROI) office at that facility/hospital. Sometimes, they will print out a copy on the spot and hand it to you but most likely if it deals with mental health treatment and/or info they will mail it to you which should only take a week or so. They do this for reasons that 'stillhere' stated.

My C&P was done by a VA contracted agency (QTC) and it was a struggle to get a copy but I finally did...AFTER I sent in a request under the Freedom of Information Act (FOIA). Waiting 6 months is BS and an attempt to gaff you off. Just another hurdle but sometimes they make us fight for our rights...Good luck brother.

Lc

[otoolejp]

Well I went down to ROI, and they printed a copy of my C and P out on the spot and handed it to me. So glad the VA rep was telling me it would take six months.

It states that my wife pays the bills and I would need help paying them if she wasn't doing it. I don't even remember talking about bills. This is just a mess and stresses me the hell out.