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Author Topic: Success in Phila with another question  (Read 155 times)
mbrnich
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« on: January 29, 2012, 10:29:57 AM »

After receiving notification of award in record time for my dad with Alzheimers, we are embarking on the next step with the incompetency finding.  The award letter states that "we have released your benefits pending an issue showing you possibly being incompetent to handle your own affairs."  I am assuming this means they are not going to withhold payments until the fiduciary is appointed, which is wonderful news if it's true?  It goes on to say "You will receive a separate letter with more details once the issue is resolved (the payee is proven incompetent or a fiduciary is appointed)" and "Since there is a definitive finding of incompetency by a physician in this case and you are not shown to be able to  manage personal affairs . . . we propose to make a determination of incompetence for VA purposes."  No other info on what to do next or related incompetency or fiduciary forms enclosed.  So . . . do I wait for another letter or just go ahead and send something saying that we don't contest the ruling and include the fiduciary forms specified on your site?  Very appreciative of your help.
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vetadmin
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« Reply #1 on: January 29, 2012, 10:34:45 AM »

Yes, wait for a letter that states that is their finding.  I would not get too excited at this point about them releasing the retro-payments at this time.  When the rule incompetent, they rarely release retro.

If you do not have anything from them in 30 days, you need to follow up with them.  You also want to wait to see if the check is deposited Feb 1st.  The main objective is to get the pension started, and then go back and address any other issues.

Again, congratulations!
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