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]

These are good questions and I am not sure how to answer them....

But I certainly feel any personal injury award will affect the pension.

 "And if it would have a negative impact is there anything I can claim in order to minimize said impact?"

Only to make sure that the VA is aware of any out of pocket medical expenses you have had due to this injury.

I have no idea if the daughter would be considered as a dependent,in this situation,...hopefully others will chime in here.

In the letter they asked for 'identifying' info on the 2011 and 2013 documents that probably did not have your name and/or SS # on them? I am sure SSA could produce copies of the documents the VA means.

We are having a hadit blog radio show tomorrow night with John Dorle and you could call in to ask him these questions, because he is a registered claims agent with the VA and would know better than I do as to the personal injury money(I think anyone on pension must report ALL income) but I could be wrong,

and whether your daughter would be considered a dependent for VA pension purposes.I am sure this is not an unusual question, but I just don't know the answer.

The call in # is 1-347-237-4819 and then when you get a response from the blog person, click on # 1 on your phone and Jerrel Cook will know you are on line with a question.

 

 

[Berta]

This link from the VA web site, as I understand it, would not consider your daughter as a dependent:

http://www.benefits.va.gov/pension/spousepen.asp

The show is tomorrow night at 7 EST and John Dorle would know about the affect of the personal injury amount you received ,on the pension you get.

[colokid]

Thanks for you quick replies. I really appreciate you. My calendar is marked for the show tomorrow. I will for sure be there.