VA IS TAKING BACK MY DIC BENEFITS?

[NeedHelp91]

Hello all,

I am very upset and posting for ANY AND ALL ADVICE. I received a phone call moments ago from someone who could only give a first name of "Greg" at the Milwaukee VA.  He stated that I had been paid benefits "but I was not entitled to these benefits." These benefits were direct deposited into my bank account and had already cleared as being "available."  

 

I was granted retroactive DIC benefits for the 10 years since my husband passed.   I am also owed burial benefits. I have never received an accounting of the benefits. And I was unaware a deposit had even been made into my bank account until receiving this call. However, now, that they have made a deposit, HOW IS VA ALLOWED TO GO BACK INTO MY BANK ACCOUNT AND TAKE THEM BACK?

 

After a quick google of the situation, even if these benefits "were in error" (which I do not believe, but let's pretend) they would have been issued 100% in VA Administrative error as I have been truthful with them from the start.  And it appears from everything online in past cases that if it was 100% VA administrative error, they could NOT take these benefits back? because it would not be a valid debt....

 

PLEASE ANY AND ALL HELP WOULD BE MUCH APPRECIATED.  I DO NOT UNDERSTAND HOW I CAN FINALLY BE GIVEN BENEFITS AND THEN THEY CAN BE TAKEN AWAY...

[Buck52]

This is just a VA mess up I'm sure.

you might want to call your RO and ask about it...Its got to be a mess-up

Ms Berta can help you out here as to what you need to do, she may see this today  if not she will chime in in the morning  Ms Berta is the DIC Hadit Expert

try not to worry   things will be ok.

 

..............Buck

[broncovet]

We need, (and I am sure YOU need) a definate answer as to why they are cancelling DIC benefits.  Remember, some people represent themselves as being "with VA" and they are frauds.  

Did you call that phone number back and see if it, indeed, is a VA phone number?  

The VA is required to give 60 days notice to VEterans for a proposed reduction.  This is not optional.  

Are you actually receiving DIC checks?  (electronic deposits)

If not, did you get a denial decision?  

You may need legal help here, because this sounds super serious.  

The VA does not "call" to inform Vets of a reduction of benefits...they send a 60 day notice and, for that reason, I am suspicious of the call.  

[Buck52]

NeedHelp 91

I'll put your post in the DIC Forum...so it ill be read more.

 

......Buck

[Guest]

If you were granted DIC the only thing you can do is call your bank and see if the funds are still available and if they are move the funds to a different bank.  VA will then send you a letter stating they made an error.  In any case you should have received a letter of granting the benefits and you should get a letter for VA stating they made an error and what the error was.  If it is truly an error you may have to repay the fund but VA should give you time to repay the funds.

 

P.S. Don't move the funds to a different account move them to a different bank

Edited September 25, 2015 by pete992

[NeedHelp91]

Hello,

Thank you so much for your help.  

-I did look up the number. It was 414-902-5000...and Google confirms it is Milwaukee VA number. I am unsure why I would have anything to do with Milwaukee because I live in IN.  The man said his name was "Greg" but could provide his last name.

-Buck, do you know of any way to look up a Regional Office phone number? The only number I have is 1-800-827-1000...and this number gets me nowhere.  is there a way for me to find the Indianapolis number?  I did not know this was an option.

-I filed my original claim in March of 2006.  My DIC was approved in Sept 2014. In July 2015, I received the Ratings Decision and original letter about benefits.  I received an initial "retroactive" payment in July 2015 with no accounting of what it was for. AND the letter stated I was not paid any benefits for my and my deceased husband's dependent children. I am still owed benefits from them and still owed burial benefits. My daughter is also still owed retroactive DEA benefits (but she has a separate bank account...so it can't be related to that)

-I received my first DIC monthly check in August and got the second in September. Both via direct deposit. The normal monthly $1256 or something like that...(I don't recall the exact number)

-I called my bank manager and he said he couldn't see anything on the bank account to indicate they were taking it back...but that if they were "recalling" it there was nothing he could do.

The deposit was made to my account yesterday unbeknownst to me.  Then today I receive a call late Friday afternoon that they are taking it back.  I never received a letter of any kind about them taking back or lowering benefits.

As of now the funds are still "available" in the account, but since it is late Friday afternoon I can't go into the bank now and receive the funds in CASH to take to a new bank?  It is a substantial amount. And I would imagine a wire transfer of funds to a new account with another bank that I would still need to open would take a bit of time...so not sure that is an option for today.  

 

Of course being a friday afternoon I do not know what else I can do...

 

[NeedHelp91]

Would it be illegal for me to withdraw the funds and move them to a different account at a different bank?