Death pension question

[colokid]

Hi, I started receiving death pension benefits through the VA in 2009. March of 2014 the VA terminated said benefits.

 i neglected to respond to their notices of an alleged  overpayment in the allotted time frame. 

However i did in fact follow through with a notice of disagreement, request for hearing and a waiver request.

The waiver request was eventually granted at which time i reapplied for the death pension which has since been reinstated. 

During the 10 months that it took to resolve this i was financially eligible to receive the pension.

The VA agreed and sent payment for those 10 months, however it was at a reduced rate. As are the monthly payments I now receive.

VA sent a letter stating that by law they were required to collect the overpayment... My questions..

Is that not what a waiver is granted for, to waive the repayment?

And before withholding any part of the reinstated pension should i have not been considered for the hearing i requested?

 Or the NOD i submitted to argue the amount the VA claims I was over paid.?

Thanks for you help.

Debra.

[Berta]

"The waiver request was eventually granted at which time i reapplied for the death pension which has since been reinstated."

Can you scan and attach here any decision from the VA that reflects the waiver request grant and the reinstatement?

Cover C file #, etc prior to scanning.

Have they ever responded to the NOD with a SOC?

 

[colokid]

Berta.docx

[Berta]

That wording in the doc. seems very bizarre........

Did they give any legal citations for the "federal law" they used?

Although the debt was waived, was there any additional income they used,and mentioned, during or after the waived period of 'overpayment'  to reduce the pension?

I hope others read that attachment.

 

 

 

[colokid]

I have uploaded both the waiver decision and the notice sent after I reapplied.

There was in fact additional amounts after the waiver which i reported. Both amounts are listed in the VA response.

It is also the same amount withheld from the retroactive payment i received for the 10 months i waited on the waiver decision. 

Bringing up the question.. Why are they withholding payment every month? 

It says they counted my yearly income.. Are they assuming I still make that each year? 

Up until now i have been able to do all the VA has asked and directed with what i think are quick and favorable results. However I am now confused. I think I need to ask for a hearing and or file an NOD but I am unsure of the reason..

send to Berta.docx

[Berta]

I think they might be assuming, as you said, that you made that same amount of income for each year.

You need to compare the wages you made, per SSA records, for each year to see if they are incorrect.

I assume the VA made a denial on DIC for you years ago, and awarded the death pension instead,based on the veteran's wartime service and the other pension factors..

Did you appeal the DIC denial?

 

[colokid]

Hi Berta. You gave me some great advice awhile back and my hope is that you may do so once again.

2 years ago my survivor pension was stopped for an alleged overpayment. I was granted a waiver and requested payment be reinstated. It was at a reduced rate. VA reasoned my income was the same as it had been two years prior as listed on a 1099 i submitted. I explained i had not worked since then. They still denied my request. I have appealed and am waiting on a response. my question is how do I and with what proof do I show I have NOT worked? 2nd question. Will a personal injury award adversely affect my pension?(As much as I have read on the regs in 38 I know the answer to this question.. Still doesn't stop me from having my arms out waiting for the "Hail Mary"). How long would I have to report such an award? And if it would have a negative impact is there anything I can claim in order to minimize said impact? Is it possible to request a waiver for the award amount? and lastly I have a minor child, My biological daughter that I have sole custody of. She was born after My husbands death and is not related to him. Do I need to tell VA about her?? As she is my dependant I have a legal and moral obligation to support her and the VA always reminds in their letters to report changes to include dependants. 

Thanks to you and/or anyone that may have some answers for me.