A & A and fiduciary situation?

[lindalouu2]

Hi. I’ve been reading on your site about A & A claims and procedures. My mom is a surviving spouse with dr. documented dementia, diabetes, renal disease & high blood pressure.. The claim we sent in was approved back in Sept. of ‘07 fairly quickly since everything they needed was sent in from the getgo.  The letter said she is approved for the $976 effective Sept. 14 but was being withheld due to incompetency and that they propose a fiduciary. It said she had 60 days to contest it. So I thought we had to wait out the 60 days to show she wouldn’t. She has been living with me since her stroke in ’03 and I take care of everything 24/7. I am her POA and also Rep Payee for her SS. She receives SS and a small pension monthly of which is used to help with the utility bills and groceries plus her med. bills and personal needs. My husband doesn’t make a lot and so I have no choice but to have her $ help towards everyday living expenses. Back when they were considering her claim a VA rep had called to ask what I charge her like rent and stuff. She used an example like what a nursing home would charge a month.  I told her I just use her $ to help on bills and groceries and that she is my mom and I don’t charge rent. So around Feb. 28th I called their 800# and had to have mom okay them to talk to me and then spoke to someone and they said that we should have had a fiduciary field rep come out and see us a month ago! So they put in a request to forward this case to that dept. and if we don’t hear anything within a month, call back. So does that statement indicate they are considering me as her fiduciary? Back at the beginning of process the local VA office had us fill a form for the local VFW to be her representative to fight for any issues. I wasn’t told I could fill out a rep form but had submitted a letter with app requesting to be her representative on her benefits since I take care of her. I guess my question is, should I be going thru the VFW to get answers/help? I called again March 31st and was told the system is bogged down with many cases and it is just a slow process. What exactly does this fudciary interview consist of? I found on my own, a formal form to be a fiduciary but never filled one out. The VA rep I talked to never mentioned it as a requirement. This is all so nerve wracking when one is in the dark about this procedure or that procedure.. I didn’t even know there was such a benefit for VA spouses til I had ran across an elderly care lawyer website that said there was such a benefit. That is when I made an appt. with them and they explained it and had given me some forms. The VA rep said there is nothing more to do on my part except to wait to hear from them. I just want to be prepared so that this can come to a completion. Thank you in advance for a response and for having such a website as this!

[Ira]

We are in the same situation, first I don't think you should of waited the 60 days, that is if you wanted to contest it. It doesn't seem you wanted that. As far as the intial meeting for a judicary appointment, if you have Power of Attorney or have had a role as caretaker and finanacial executor, that will lean more to your favor. I am  also waiting to hear from the VA to schedule an appointment. Just let them know the role you have played as caregiver. We also did not fill out a VA form but sent in other documentation and a sign letter informing them in our interest as fiduciary. I would also work with any veteran organization that would want to represent you. But ask lot's of questions and seek out as much information you can. Lastly, you can send a letter to the VA for not withholding payment during the fiduciary process. You can let them know that it is a financial hardship for your mother. You never know.   
Good Luck to you.

[lindalouu2]

Just thought I would add an update on where we are in mom's A & A process...On April 21 the local VA rep had us come in and had me fill out that "official" fiduciary form 21-0792. He said that was the holdup and immediately faxed the form and a copy of my 2007 tax return to the main Cleveland VFW office for them to get the process in gear! Was also told will take 2-3 more months for this now. If anyone is planning on requesting to be fiduciary, I guess this is something you will need to fill out from the start. That way it will cut the wait time down. (which I unfortunately learned toooo late). 

[ST]

Thanks to you and other similar advice, I submitted form 21-0792 with my initial application on 6/17/2008.  Thank you for your contribution to this forum!

ST

[nananorma]

I just sent the "official" request form, 21-0792 to be named fiduciary yesterday.  I had requested it three times prior but a letter yesterday said they had no record of my mother requesting a representative or a fiduciary and they would appoint one.  I have never been involved in anything like this in my life.  I had never contested the claim that she needed one.  Just didn't realize there was a request form until I read this forum.  I know she has Alzheimer's and needs assistance, which I have been providing for several years already.  Hope it will pay off some day soon.  Thanks to everyone for their contributions.  It is a learning process for us all!

[deb1553]

I just posted my experience under A&A "Success" story but I wanted to reply to you because I went through a similar wait.  I guess my advice at this point is: contact your Congress person.  I suspect that the VA has a different process once a senator or rep is in touch with them--for me, it all moved lightning fast after MONTHS of waiting, once my senator's office got in touch with them.  And I don't think Sen. Reed (my sen. from RI) was all too surprised to get my request--they, too, seemed to have a process in place for dealing with the VA. 

Within 3 days--yes, DAYS--of receiving my request, Reed's office had sent a waiver back to me, authorizing them to contact the VA on my mother's behalf.  Within a week of me signing that, someone from the VA Fiduciary dept. had called me.  We met at my mother's assisted living and shortly afterwards, my mother had received her back benefits (all 15 months of them) and her monthly pension.

I waited for 6 months after receiving the award letter to do this, so my advice would be to contact your Congressional representative or Senator as soon as possible.  Don't wait.  It's not worth ruining your own health with all the worrying!  The stress of caregiving is hard enough without having the financial worry weighing down on you.

Deb Peterson
http://yellowwallpaper.net/

[lindalouu2]

I havent been back online to this site for awhile, and I see the responses to my post and want to thank all who did and also to say you're welcome to those who were helped with the little tidbit of info I gave concerning fiduciary. This whole process can become very draining and frustrating from the getgo. BUT I came here tonight to post the ULTIMATE news!! As of today, my mom's award $ finally came in...the whole amount from Oct 07 til now. I am still in shock trying to take in the reality that she finally rec'd it after a year of waiting and phone calls etc. To those still waiting, please keep strong and know there is light at the end of the tunnel!

[vetadmin]

We really appreicate you taking the time to come back and make this posting!  I trust that your words will help folks to hang on and know that it is worth it.

Hopefully 1-year's worth of payments in one check will be the much needed relief and assurance that the funds are there to take care of her. 

Best of luck to both of you!