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How to fight VA fudiciary proposal

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demodemon7

Question

Hello,

I was recently awarded 100% P&T, I am pleased about that! However the VA is withholding my retro pending a Fiduciary Proposal.

The reason they gave is that my C&P examiner referenced a previous note by my psychiatrist stating "SHE IS AFRAID IF I GET 100% I WILL USE IT ALL FOR DRUGS AND ALCOHOL" 

Please, I would appreciate any and all feedback and anyone's experience on how to fight this PROPOSAL.

 

Thanks

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  • HadIt.com Elder

You've got a problem, Demodemon7. If you ever said that to an examiner, your going to be processed for a fiduciary. If you never did, you will unless you can convince the VA that you didn't. Not easy. If you did, and now you are better and truly can get on by yourself, you need written documentation in your file that will support that from your medical team. They will have to go to bat for you, and it isn't likely for them to stick their necks out for you unless your track record show that you are responsible now. So, what is your situation?

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Demodemon7, it looks like you are in trouble.  You need to approach your current psychiatrist and see if they will make a statement on your behalf.  Maybe that was true some years ago but you have to show that you have made improvements like, did you stop D&D and start AA or NA?  Have you done some serious inhouse treatment and shown progress there?  The VA called me a drunk 25 years ago but that has past and I am sober, can you show the same? 

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Thanks GBarmy… but please read my post  clearly. I never said anything.

 

The reason they gave is that my C&P examiner referenced a previous note by my psychiatrist stating "SHE IS AFRAID IF I GET 100% I WILL USE IT ALL FOR DRUGS AND ALCOHOL"   

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  • HadIt.com Elder

demodemon7 This is a help blog; we all try to be open minded when we respond to questions submitted. Sometimes the grammar or spelling (like mine) leave something to be desired. We try our best to get to the meaning of the post, and then provide an answer. In your case, I responded the only way I thought was appropriate. I have since re-read your quotation. I can't find a reason to change my advise. My point is that there is a negative note in your file; it is written by your doc; it says there is reason to suspect that if you received 100% ($3K/month) you would use it for drugs and/or booze. That is exactly why you have a problem; it is not because you said it or the doc said it. The problem exists because it is negative evidence in your file. To get a favorable solution, you need to show you are not a threat to yourself Now.

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It looks like you're damned if you do or damned if you don't.

You won the battle and got the 100%, but the VA says someone needs to take care of your finances.

If you fight to prove you can take of you business, the VA, may say you're not at the 100% level and give you less.

If it were me, I'd take the 100% and find a stranger, most likely a librarian/notary to make my fiduciary, definitely not anyone I know or am related to.  That always turns out bad.

Then enjoy life,

Hamslice

 

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