Tax Dollars Hard At Work

[free_spirit_etc]

Well - my tax dollars are hard at work keeping people busy.

I called the VA to report my husband's death - and they said that the payment for Feb (the month of his death) will have to be returned. I asked "isn't that payable to the spouse? THey said NO.

I was going by this:

TITLE 38--VETERANS' BENEFITS

PART IV--GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS

Sec. 5310. Payment of benefits for month of death

(a) If, in accordance with the provisions of section 5110(d) of this

title, a surviving spouse is entitled to death benefits under chapter

11, 13, or 15 of this title for the month in which a veteran's death

occurs, the amount of such death benefits for that month shall be not

less than the amount of benefits the veteran would have received under

chapter 11 or 15 of this title for that month but for the death of the

veteran.

((1) If the surviving spouse of a veteran who was in receipt of

compensation or pension at the time of death is not entitled to death

benefits under chapter 11, 13, or 15 of this title for the month in

which the veteran's death occurs, that surviving spouse shall be

entitled to a benefit for that month in the amount of benefits the

veteran would have received under chapter 11 or 15 of this title for

that month but for the death of the veteran.

(2) If (notwithstanding section 5112((1) of this title) a check or

other payment is issued to, and in the name of, the deceased veteran as

a benefit payment under chapter 11 or 15 of this title for the month in

which death occurs, that check or other payment (A) shall be treated for

all purposes as being payable to the surviving spouse, and ( if that

check or other payment is negotiated or deposited, shall be considered

to be the benefit to which the surviving spouse is entitled under

paragraph (1). However, if such check or other payment is in an amount

less than the amount of the benefit under paragraph (1), the unpaid

amount shall be treated in the same manner as an accrued benefit under

section 5121 of this title.

I figured that meant I got to keep his $255 (and if I finally get his SC award -- then they will deduct the $255 they already paid.

Now they sent me a letter that said the money has to be repaid -- but that spouses may have certain benefits --and to call the number if I think I am entitled.

So I would call the SAME people that told me I wasn't entiteld to $255.

As my husband was retired - I also contact the Defense Accounting people to report his death. They did not mention that the deposit they made on Feb 1 (he died on Feb 5) would have to be repaid.

They sent me a claim form for unpaid benefits - and still didn't inform me that I would have to return what was already paid that month. In small print at the bottom of the form it says to return any uncashed checks -- like you would not cahs a check at the beginning of the month --but wait to make sure you live through the whole month before you spend it.

Now I am reading that you have to live the WHOLE month to earn the check for that month. You have to send the money back - and then they send a prorated check for the number of days you lived.

So in this case - I guess I have to send back his retirement payment for February -and they will send his daughter (his beneficiary of record) a check for FIVE days).

What gets me is that nobody told me!!! But it looks like as soon as I send them the death certificate - they will suck it out of our bank account.

I even went to the Defense Accounting site. It says as soon as you report the death --they will freeze the account to PREVENT overpayments. Well - unless you die on the last day of the month - it looks like you have already BEEN overpaid.

It just sure would be nice if THEY would TELL you that!!!! Instead of letting you think it is all straight and then running across the dirty details on other web sites.

Geez!!1

And it is not just the military.

I tried to apply for Social security for my sin (adult disabled child). They wouldn't let him apply at first because they asked if he had worked --and he said yes - so they said he was not disabled.

I informed them that he worked for 6 weeks out of 27 years - and that he was declared disbaled by SSI in 1993. So then they decided to let him apply -- but then they sent him a disability report.

I called and asked -- do we have to fill this out - You have already FOUND him disabled 13 years ago. The question is whether he can be considered a dependent on my husband's record (as a step-child, adopted child, or equitbaly adopted child -- my husband was in the process of adopting him --and the adoption will still probably go through.)

They said since this was a different program (SSD - not SSI) they would have to have all the paperwork to decide if he was disabled --though the standards are the same for both programs -- and though it was THEIR doctors that found him disbaled --and have continued to do so.

So I spent a couple of hours filling out all of their forms -- took them with me -- and the case worker said she didn't need to see the forms because he had already been declared disbaled.

ACK!!!!!

Now they are telling me I can't apply for Mother's benefits -- because you can only get those if the child is PHYSICALLY disabled and you provide physical care (though their regualtions CLEARLY state you can claim if your child is mentally disabled and you provide guidance and supervision. - You can not claim if the child is physically disbaled and you don't have to provide care --if they are over 18. But you CAN claimif they are mentally disabled)

ACK!

I can't even appeal the decisions they are making because they aren't actual denials -- they have to let me submit a claim before I can appeal!!!

ACK!

Way too much to deal with...

But it sure would help if the government workers KNEW what their own regulations were - instead of just spouting off whatever they THINK they might be.

Free

[free_spirit_etc]

Berta,

We were married for 10 months and 3 days. I should be able to provide proof that I lived with him for over a year though -- by family / friend statements - also mail recieved at this address (for example -- I collected unemployment in December 05 - January 06 -- and this was my address).

But from what I am reading -- the one year period is only ONE of the requirements -- and since they list OR in between them -- I would think you would only have to meet ONE of the requirements.

Since he retired in 1998 - wouldn't I qualify under the number 1 requirment (Before the expiration of 15 years after termination of the period of service in which the injury or disease which caused the veteran's death was incurred or aggravated)?

§ 3.54 Marriage dates.

top

A surviving spouse may qualify for pension, compensation, or dependency and indemnity compensation if the marriage to the veteran occurred before or during his or her service or, if married to him or her after his or her separation from service, before the applicable date stated in his section.

( Compensation. Death compensation may be paid to a surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Department of Veterans Affairs in effect on December 31, 1957, or who was married to the veteran:

(1) Before the expiration of 15 years after termination of the period of service in which the injury or disease which caused the veteran's death was incurred or aggravated, or

(2) One year or more, or

(3) For any period of time if a child was born of the marriage, or was born to them before the marriage.

(Authority: 38 U.S.C. 1102)

© Dependency and indemnity compensation. Dependency and indemnity compensation payable under 38 U.S.C. 1310(a) may be paid to the surviving spouse of a veteran who died on or after January 1, 1957, who was married to the veteran:

(1) Before the expiration of 15 years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated, or

(2) For 1 year or more, or

(3) For any period of time if a child was born of the marriage, or was born to them before the marriage.

(Authority: 38 U.S.C. 1304)

Free- dont know if I menioned this to you or another widow here-

one of my vet org referrals is in this DIC predicament- hope you aren't-

Were you married for one year or more before he died?

If not can you prove with notarized statements from friends and family that you lived with him continuously for over a year- if you were not married within a year prior to his death? Do you live in a common law state if you were not married to him for full year prior to death?

You said he proposed in 2005- but I dont know how long you were married-

I posted the DIC definition of surviving spouse here and cant find it-

The VA might need info on his divorce too -not sure-

and even if they already have this info- marriage license, etc they sure might ask again for the same stuff.

[Berta]

Oh-OK- Free- I see what you mean-

absolutely-

I just hope the VA doesnt question that-

good idea to keep that reg on your desktop or saved as a word.doc-

hope you don't need it but now I see what you mean-

you should be OK as a qualified dependent and surviving spouse.

I had an awful DIC claim some time ago-

I think the woman only married the vet to wait until he croaked.He was so disabled they got married in a hospital. figure that-

She could not satisfy the requirements as surviving spouse at all.

He wasnt even cold and she asked me all about the money- and thought she would continue to get his full comp every month.

Free- I am glad there are not too many people like her out there-

DIC is hard enough to get for us eligible spouses.

I am sure that you will OK on this marital status.

Edited March 20, 2007 by Berta

[free_spirit_etc]

If I had a choice I would rather have had more time with him, instead of the money. He was already "terminally ill" when we got married. However, he had beat the odds before -- and lived a couple years longer than they thought he would. And they were good years.

But I am sure some people will question why I married someone who had little chance of living more than a few years. We were together for several years -- but only married for 10 months.

I thank God for every day we had -- but oh how I wish we had more. I miss him so very much.

Free

Oh-OK- Free- I see what you mean-

absolutely-

I just hope the VA doesnt question that-

good idea to keep that reg on your desktop or saved as a word.doc-

hope you don't need it but now I see what you mean-

you should be OK as a qualified dependent and surviving spouse.

I had an awful DIC claim some time ago-

I think the woman only married the vet to wait until he croaked.He was so disabled they got married in a hospital. figure that-

She could not satisfy the requirements as surviving spouse at all.

He wasnt even cold and she asked me all about the money- and thought she would continue to get his full comp every month.

Free- I am glad there are not too many people like her out there-

DIC is hard enough to get for us eligible spouses.

I am sure that you will OK on this marital status.

[john999]

The idea that a spouse should have to fight to get DIC is repulsive to me. The VA makes one last attempt to cheat the vet out of a benefit by making it hard for the spouse to DIC. I bet a goodly number of spouses probably never get the DIC because they are not up to the struggle after losing a husband or wife. If I make it to the ten year mark I will be rehearsing my wife on what to do to get her DIC. Knowing the VA is paying will make the "Big Sleep" mo' better.

[free_spirit_etc]

I actually think my husband HAD more time -- but lots went wrong at the hospital NOT VA). Eventually the cancer would have gotten him -- but I think we had more time.

He told the doctors he was short of breath for several weeks - and asked for supplemental oxygen. Finally when he got short of breath standing up -- they decided to do an O2 stat on him. It was horrid! They said he either had pneumonia or congestive heart failure.

The doctor on base gave him antibiotics.

Then a couple weeks later he had pains all over from the steorids they gave him. He went to the ER -- and they wanted to keep him - for the pneumonia or congestive heart failure. (no one had decided which it was).

But he didn't want to stay -- so I called his doctor --(or the docotr covering for his doctor and asked if he could give him antibiotics -- and see him -- and if he needed IV antibiotics - order home infusion --so he could stay home. He called in antibiotics (oral.

But when I took him in -- the doctor didn't even look at the chest x-rays or reports I brought -- he just blasted him with chemo. I questioned that because HIS doctor had stopped the chemo while he was sick. I took him for follow up on pneumonia -- he was starting to jaundice -- and the idiot gave him CHEMO! I said "shouldn't we wait until he gets a little stronger? He said that we couldn't afford to wait.

Meanwhile -- a couple of weeks later - after he ran out of antibiotics -- he ended up in the hospital -- with pneumonia --and he was much more jaundiced -- and they found out he had a blocked bile duct. Now he had been to HIS doctor TWICE with the jaundice -- but they ordered tests to be done a couple weeks later.

So after a couple weeks in the hospital - they took him off the IV antibiotics -- and put him on oral (to start getting him ready to go home.) Well -- they had trouble with the pain meds. They used shots until they got a pain patch. They TRIPLED the pain patch dosage -- and kept giving him the SAME amount of shots.

They overdosed him BIG time. It is a good thing I was staying in the room with him because I heard his breathing slow down and he started gurgling. They had to give him Narcan to put him in immediate withdrawal to keep him from dying. (had I not been there they probably would have found him dead and told me that he died "peacefully" in his sleep).

But that (after the overdose) is when he started talking about having the will to live but not knowing if he had the strength anymore. But he kept telling me "I don't want to die. I have finally found happiness - and I don't want to die." But something had changed. It was like something inside of him broke.

Well - the next morning they wanted him OUT of there! They decided he was ready to go home. They couldn't get him out of there fast enough. They didn't like it that he was "full code" either. He would tell them he wanted EVERYTHING done to save his life -- and then they would wisk me out in the hall and try to talk me into a different decision. I told them I would honor my husband's choice (as they SHOULD have).

But they sent him home with NO antibiotic. And guess what - 3 days later we were back at the ER. He went in ICU with pneumonia on Saturday -- and he died Monday.

I do not believe that pneumonia came back. I believe he still had it. In fact he was down to 3 liters of oxygen -- then he went up to 4 - and then 5 WHILE he was in the hospital...BEFORE they sent him home. So looking back - I imagine his pneumonia started flaring back up once they took him off IV antibiotic and switched him to oral. And when they took him off ALL of it -- he ended up back in ICU.

But when you have cancer --everyone just keeps saying it is the cancer. I know he would have lost his battle sooner or later -- but I think had his pneumonia been treated properly -- and had they not overdosed him -- it would have been later.

He had just finished his Masters last fall - and was scheduled to teach this Spring. He had cancer - but he wasn't that "sick." I don't know how much time he could have had left -- but whatever time he had was the rest of his life -- and he deservd it.

Free

Oh-OK- Free- I see what you mean-

absolutely-

I just hope the VA doesnt question that-

good idea to keep that reg on your desktop or saved as a word.doc-

hope you don't need it but now I see what you mean-

you should be OK as a qualified dependent and surviving spouse.

I had an awful DIC claim some time ago-

I think the woman only married the vet to wait until he croaked.He was so disabled they got married in a hospital. figure that-

She could not satisfy the requirements as surviving spouse at all.

He wasnt even cold and she asked me all about the money- and thought she would continue to get his full comp every month.

Free- I am glad there are not too many people like her out there-

DIC is hard enough to get for us eligible spouses.

I am sure that you will OK on this marital status.

[free_spirit_etc]

Actually my husband had so much trouble working on his Thesis. He just got his Master's in sociology. But then he switched his topic to the VA -- and he breezed right through it.

During his oral defense -- he got to cover his "case study" part - his own experience with the VA.

His department chair and a couple of his professors came to the funeral and asked -- So now what happens to his VA claim? Was all that for nothing?

I told them that I would re-activate his claim -- and try to carry it through.

I am not sure about accrued benefits though. We had LOTS of evidence to send in about the absestos exposure. We got buddy statements, a list of buildings that had asbestos at the last base he was, evidence that the Air Force didn't even DO occupational health surveys for asbestos during the 13 years he was an electrician (they had denied him because he didn't have any occupational health surveys and they didn't even DO them at that time)-- but NOW people doing the type of work he did have to wear respirators -- what does THAT tell you?

Anyway - a lot fo that evidence never got there.

That was one of my top priorities during the winter break from school (I had been teaching 10 classes between three schools in the fall and was pretty busy).

But he got sick on the last day of finals week -- and so ALL my time was spent taking care of him --- or standing over him trying to make sure the people who were supposed to be taking care of him were taking care of him.

So -- I ever got that added to his file - because I didn't get it tightened up enough.

And by the time we knew he was getting bad - there was NO WAY I was going to leave him to work on it. I guess I could have just thrown it in an envelope and mailed it --- but I really only came home long enough to feed the cats and pick up clean clothes. (I even showered at the hospital.

I wish we would have gotten it in -- but I don't regret that I put HIM first - instead of his VA claim -- when he really needed me.

I know I can submit the info with DIC -- but if it is what "makes" the claim -- it won't count for accrued - since it wasn't in his file at before his death.

Free

Oh-OK- Free- I see what you mean-

absolutely-

I just hope the VA doesnt question that-

good idea to keep that reg on your desktop or saved as a word.doc-

hope you don't need it but now I see what you mean-

you should be OK as a qualified dependent and surviving spouse.

I had an awful DIC claim some time ago-

I think the woman only married the vet to wait until he croaked.He was so disabled they got married in a hospital. figure that-

She could not satisfy the requirements as surviving spouse at all.

He wasnt even cold and she asked me all about the money- and thought she would continue to get his full comp every month.

Free- I am glad there are not too many people like her out there-

DIC is hard enough to get for us eligible spouses.

I am sure that you will OK on this marital status.