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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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rwskitch

How to avoid being saddled with a Fiduciary agent.

Question

 I'd like to 'pick everyone's brain' on what I can do to cover my arse due to my last C & P examiners 'no' remark concerning 'the veteran not being able to manage his/hers financial affairs,' in the C & P's competency section…! I've seen my VA shrink since then and followed 'Pete992's' advice and asked him to make a note in my Progress report, he denied and suggested that I see the VA's Mental Health Social Worker instead and get an evaluation from him. Can I get some input on whether this would be a good move to keep my retro $ in my pocket and one step towards avoiding the VARO's recent trend to saddle us veterans with some phone call ignoring Fiduciary…?

 

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Late 2013, my Divorced Bro-in law was receiving VA Pension and VA Cancer Treatment. He was basically housebound so I suggested that he file for A & A and Housebound. He did and was Awarded within a month or so. Only problem, he was also notified of the VA intent to appoint a Fiduciary based on his VA Cancer Dr's opinion (on the VA A & A Form) regarding his ability to handle his finances, due to depression. Up until that time, he had been handling all his bills, with no apparent problem.

Within a week of the Award, a VA Fiduciary Social Worker contacted him for an in-home meeting to discuss setting up the Fiduciary. It appears that once the VA Fiduciary ball is rolling, it's impossible to stop. The VA will decide who will be your Fiduciary, you can request a trusted relative but even then, there will still be monthly VA over-sight.

Not knowing exactly what to expect from the meeting and after doing some research, I advised him to transfer all his existing Direct Deposit Account funds into a New joint account with his daughter & sister.

At the meeting, the VA Social Worker agreed to hold off on the Fiduciary appointment. My wife was directed to handle all paying of bills and had to send a monthly accounting to the VA Fiduciary Social Worker for review. There was no official notification to his bank regarding an appointment of Fiduciary. The VA SW and I discussed my reason for the new bank account and the transfer of his existing funds, he smiled while nodding his head in the affirmative. Simply stated, "Good move, no problem."

As it turned out, my Bro-in law actually needed a Fiduciary, he had been giving his x-wife about $600.00 a month for incidentals and taking care of their 3 dogs.

Until you get your Fiduciary problem resolved, don't keep big $$ in your VA Direct Deposit Account.  Do you have a trusted relative that would be willing to be your Fiduciary? They have to be able to pass the VA background check, including credit  report.

Semper Fi

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   This whole thing is a living nightmare, I cut up my wife's and my credit cards 26 yrs ago, after our 1st child and since then our credit reports have placed us both into the 'ghost' category. My wife I surely trust, she's put up w/me for 28 yrs now and we've been through everything imaginable, she'd pass everything except her credit rating, in which she has none established, looks like I'll do a secured credit card for her also to play it safe Gastone, I'm thankful that you reminded me of this from reading your previous post here on Had it concerning such, my memory is bad and I'll make a note of this on my to-do list, she'd be my 1st choice if it came to that, but what I'm tryin' to do is 'nip it in the bud,' before the man in the suit from the VA show's up, are they required by law/regs to notify me of this action...? All my 'ducks' are in a row, I'd like to play it safe and the idea of being declared competent by a court sounds great, I just need to figure out the necessary steps to make it happen and I'll make an appt. w/the VASW and pray that helps, brother. I just can't sit back and let some bozo be in charge of what's rightfully mine and my own...!

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In my opinion, having no credit rating is better than having a derogatory credit rating for this purpose. It is like they are just wanting to make sure no blemishes are present.

It sounds like you have a good plan.

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I have no first hand experience with this however from what i have read, heard, etc its dependent on you and your history.

If you are making a claim based on you forgetting stuff like paying bills, being to depressed to do it, then they just might saddle you with being "unfit to handle finances".

 

However if you have a decent credit rating, dont have too many late payments, a few here and there you should be fine.

Doesnt mean the VA couldnt try and do it, but you would have a good shot at overturning it if you can say "Hey i pay all my bills on time, i dont have a bunch of debt, no more than the average american, i have nothing in collections, etc"  you should be fine.

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You absolutely have to be notified regarding the VA intent to appoint a Fiduciary and offered an opportunity to Disagree with the Appointment.

Keep in mind, something in your claim, C&P DBQ or ?Whatever, has put the VA on your scent as to the need of a Fiduciary appointment. I think immediately after the Fiduciary appointment letter, you will be contacted by a VA Fiduciary Social Worker. Don't blow them off but start making some moves. You need to clear up or correct the error that indicates your inability to manage your own financial affairs.

When you receive the Fiduciary Intent Letter, your also advised of your rights regarding disagreeing with the appointment and how to Officially Dispute the appointment.

Semper Fi

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