Fugitive felon status and overpayments

[SIMS A1C Retired]

in 1999 I was indicted in Oregon and because my court documents were marked "hold in confidence" I was not informed of any pending warrants . I have direct deposit, was in prison in washington , VA and SS have my phone number and addresses . I simply had no knowledge I was in "fugitive status" for 11 1/2 years thus resulting in an $176,000 VA overpayment which I've made 93 payments of $500... I have resolved the warrant resulting in spending 5 days in jail. How or why would any agency especially the VA allow this overpayment to go on so long? THEY obviously had the knowledge of my status. This has literally destroyed my life as well as taken my confidence in a secure future and threw it away. I feel punished for being a vet

I know it's all confusing but please, anyone, guide me in the right direction

thank you

Edited June 29, 2020 by SIMS A1C Retired
Added more helpful info

[brokensoldier244th]

Was it a felony warrant? (probably not, for only 5 days, right)?  I know that we get notified via federal database cross checking for felony things. For example, I had a veteran that spent 20 days in jail for something, and we got an automatic notification from a database that indicated the veteran *MIGHT* be subject to overpayment, and to monitor accordingly because it was a felony warrant. He was out before the timeline date for reduction kicked in so there was no need to do anything. 

If your warrant wasn't federal, though, I dont know if VA is notified automatically. It could be that they got new information developed that said you were incarcerated on a warrant but Ive only seen 1 case of it and I don't know the ins and outs of how it works. 

[Buck52]

I believe after 60- 90 days if a veteran is still incarcerated he should not spend the VA $$$ that is sent to his direct-deposit from the VA.

  if he does he will or maybe be required to pay it all back,  maybe such as your case?

so if you were in prison for 11 years   why did you spend the VA $$ ?  IF YOU  HAD LEFT IT ALONE it may have drew interest and you would had the money to pay it back. but as they say hine sight is 20/20

 Now being in prison don't stop your compensation  for good after you get released you can reapply for your benefits  as I understand it.

but if they say pay back the  compensation for those years you were incarcerated  you more than likely have to pay that back. (jmo)

Notify the VA of Jail Sentence

Make sure you notify the VA when you go to jail. Otherwise, any payments of disability compensation over 10% and any pension payments made to you will be considered overpayments. You will have to pay this money back to the VA. Basically, after you get out of jail, the VA will withhold your monthly check until the full amount of the overpayment has been satisfied.

It is much better to tell the VA you are in jail and let your family receive the money until your release. Once you notify the VA of your release, the full amount of your benefits will again be paid to you directly.

OTHER  MEMBERS MAY CHIME IN HERE.

Edited June 29, 2020 by Buck52

[ShrekTheTank]

So let me understand this.  You had a warrant and had no idea of it?  Or did you just not report in or go to court like the paperwork stated?  I know normally if you get a ticket of whatever nature it is there are instruction along with what you have to do.  Any time there is a bench warrant they will inform you at you legal residence.  It sounds like you need to ask a lawyer a few questions, because without that Felony status being removed it sounds like they will keep coming after you!  

I know I had a ticket before joining the service and the judge ripped me a new one for not showing up.  He was like it was $300 bucks why did you not pay it?  it is was just $60 if i would have taken care of it.  When you let legal things fester they only get worse.  

In this case it sounds like you need to talk to someone about the law and see if you can ask for some sympathy or something.

[Buck52]

If You Are a Fugitive Felon

You are a fugitive felon if you flee to avoid prosecution or imprisonment for a felony or if you violate your probation or parole terms. Fugitive felons cannot receive any cash benefits from the VA, and nor can their families. Types of benefits that are restricted include disability compensation, pension, education benefits, life insurance, and medical care. Families do not have the option of receiving apportioned benefits after you flee.

After you stop being a fugitive felon, you and your family are again eligible for receipt of cash benefits. You stop being a fugitive felon after your outstanding warrant is cleared by:

arrest

surrender

dismissal of charges, or

court document showing you are no longer a fugitive.

[Carl the Engineer]

You can be "wanted" (but not active) in one place and incarcerated in another at the same time.  Counties, States, etc. do this all the time.  We had a guy we wanted for shooting a local during a robbery, and after finding him in prison in another state, we waited one month short of 7 years, statute of limitations, before we charged him.  I.e., we let the other state pay for his incarceration for the first 7 years of his now 14 year sentence.

All comes down to money,

Hamslice

In this case, I believe its the, incarceration, not the felony warrant, that's his problem.  I think you lose your compensation when you are in jail, and they, the VA, want their money back.  If he got a sharp VA lawyer, he might be able to turn some of that debt into dependent comp, but that might have flew the coop by now.

  

[ShrekTheTank]

if that were true they would want the 5 days back?  Not the 11 1/2 years.