Questions on DIC

[namvet6567]

Trying to help a spouse who was separated from her 100% P&T husband, for 10.5yrs, at time of his death.  Never divorced as reconciliation was a consideration.  They paid her his final check but then denied her DIC.  He died in early 2020 at a VA contracted nursing home in FL.  VA never notified her of his death.  Also tried to look up m21-1 but found the VA may have discontinued it??????  Thx

[namvet6567]

That's why I was asking.  Both the DVA and SSDI have deadlines.   However, with a CUE there are no deadlines. A CUE can be filed at anytime and the DVA must process it and they can't say you missed the deadline.  A CUE can reverse a final decision, at any point.  I would think that SSDI would have something similar.  Anyway,  something I'm going to look into.  It would be worth about $20k if I won.  Thank you for your input, tho.

[pacmanx1]

As far as I know the fight is about the AOD (ALLEGED ONSET DATE) VS the EOD (ESTABLISHED ONSET DATE). 

OK, I am not trying to be a jerk nor am I trying to discourage you. I am quite sure others may have this same question, I did and the most I found out is that it is another gamble that you may not want to play. The only thing I found was that the SSA calls it a good cause rule or a good reason rule. Here are a few sites to review, I am not an attorney, and I am not recommending any of these law firms, but you will most likely need an attorney because just like VA regulations, the SSA regulations get a little tricky. Please keep us informed.

SSA - POMS: GN 03101.020 - Good Cause for Extending the Time Limit to File an Appeal - 01/30/2014

Social Security Claims: Alleged Onset Date | Ortiz Law Firm | National Disability Attorneys (nickortizlaw.com)

SSA - POMS: DI 25501.210 - Alleged Onset Date (AOD) - 11/19/2012

Challenging Social Security's Established Onset Date (EOD) of Disability | DisabilitySecrets

 

 

Edited September 19, 2021 by pacmanx1

[namvet6567]

Thanks, pacmanx1!  Those links will help a lot,  I believe it's worth pursuing.  $20k is a good deal money, to me.  Besides I haven't anything to do.  I just have to stay alive long enough.  I kept my SMC "s" denial alive for 31yrs and won in the end, retro to original claim date.  Three trips to CAVC, w/the help of lawyers and the EAJA.  Keep up the good work you're doing.  Thanks again!

[namvet6567]

On 9/20/2021 at 6:30 AM, namvet6567 said:

Thanks, pacmanx1!  Those links will help a lot,  I believe it's worth pursuing.  $20k is a good deal money, to me.  Besides I haven't anything to do.  I just have to stay alive long enough.  I kept my SMC "s" denial alive for 31yrs and won in the end, retro to original claim date.  Three trips to CAVC, w/the help of lawyers and the EAJA.  Keep up the good work you're doing.  Thanks again!

She finally submitted her CUE and answered their questions.  I've had a lot going on the past month, so haven't been able to check back.  I believe she should look into some other issues.  One would be an 1151 claim and the other is the fact that altho she was listed as NOK, she was never notified of his death, nor could she make any arrangements for his burial or cremation.  The VA took the estranged brothers word and then cremated any evidence.  I think she'll need an atty for that claim.  Any ideas, anyone??

[namvet6567]

Just thought I'd post this.  She was notified that her claim for DIC and Chap 35 was awarded, but it looks like they only went back one year.  She was awarded on the 10yr rule.  I guess another CUE needs to be filed.  It's a shame they get away with doing this to claims.  The average claimant would be thankful and just move on, but I can't let them get away with it.  Thanks to all for your assistance!!!

 

[broncovet]

Congratulations, and thanks for helping that widow!  Hopefully, Berta will chime in here, our resident DIC expert.  But, I will give it a try. 

    Rather than a CUE, one could file a NOD "on the decision awarding benefits", disputing the one year effective date.  

"Even if" (and I dont know this), there is a statuatory limitation of one year retro on DIC (I doubt it), file a nod anyway.  You may need to hire a great attorney, but you would be helping other widows in a similar situation..where the VA cuts off the retro at one years worth.  

   Frankly, that (one year limit on retro) seems very unfair..it probably took longer than a year to apply, and then appeal.  So, is it the widows fault that VA took so long??  I dont think so.  

    Even if you file a CUE, and, even if its awarded, its not BAD that you also filed a NOD.  

     Its possible that the error did not "rise to the CUE level", but could be granted on appeal instead.  Reason:  Cue is a more restrictive standard of review, and not all errors meet CUE criteria.  Some of those, however, could be awarded on appeal, because the Veteran gets the benefit of the doubt on Vets cases "except CUE".  

Edited March 16, 2022 by broncovet