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How many times can ILP be used? Independent Living Program

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Ace M

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Ace M Contributor

Ace M

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I currently live in WA but will be moving to CA and wanted to find out if i should wait before utilizing ILP

I searched all over and could not find any information about it, are there any articles on the VA site that explain how many times it can be used

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FormerMember
FormerMember

VR&E insists now (since 3/31/2014) after their revision (illegally) of the M 21, now the M 21-R, that you only get one shot at this in your lifetime. I've nailed two and have more in the chute as

FormerMember
FormerMember

Chevron deference (in regulations) can only extend to what Congress has not explicitly addressed. Just because Congress did not specify that ILP is a one-shot deal, the Secretary is not free to refash

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green Proficient

green

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Actually it all comes down to Congressional Intent if it isn't spelled out clearly in the authorizing legislation.  If an Agency makes a determination in how it will interpret authorizing legislation an individual or entity still has the ability to seek a legal determination outside the Agency.

Edited by green

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Buck52 Grand Master

Buck52

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Do as asknod is doing  NOD the director

asknod quoted

''They have to justify why the newer "interpretation" is more applicable than the old one. I severely doubt they could do that if called out. I just refiled a NOD with the Director VRE on the denial of a larger greenhouse''

keep fighting them don't give up.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Buck52 Grand Master

Buck52

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The Regs mention

''Independent Living''

''Independent Living services may be provided to individuals who are not currently able to work because of the effects of service-connected disabilities. Provided services are limited to those required to improve independence at home and in the community.''

''Each Individualized Independent Living Plan is personalized to meet the individual's specific needs. In general, independent living services cannot last more than 24 months. Services may be extended if certain criteria are met.''

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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FormerMember

FormerMember

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To correct my earlier statement, I was forced to file a new NOD on the size. I have already won the greenhouse. The Director overruled the Seattle VRE and would only give me the 15 X 20 rather than the 24x28 size. I filed an "Administrative review" of the original offer of a 15x20 in 2016. It took until December 2017 to "redeny". The director himself denied it. So, I am forced to file the new NOD for a larger one. By law, they can never give me less than the 15 x 20 but it is not adequate for my needs. I explained all that when I filed in 2011. 

VRE officers have no oversight. Each VRE is a castle and the VRE Officer is Boss. They don't know the law. read this closely and especially 21.1-21.162

You need to know the law. I quote it to them and they give me the 1000-yard stare.

https://www.law.cornell.edu/cfr/text/38/part-21/subpart-A

 

 

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