Asset changes

[jmyva]

My mother entered at ALF in Feb. I applied for A&A the end of Feb. She owned her home. but due to the economy I had no idea how long it wouold take to sell the house. I was advised that this was no problem..if she was approved and then the house sold I would need to report that and if she was over the limit her benefit would be suspended  until she was under the 80,000.00. As luck would have it the house sold in July and her claim was still being processed. I reported this to the local county Va Affairs office and they told me to sumit proof of what was done with the money...which I did. I suspected that her claim would be denied or she would only be elegible for the 5 months before the house was sold. Well her claim was apporved and she was sent a check for over 8000.00. I contacted the local office again and was told that if I sent the money back...it would "red flag" her case and it would make it difficult to ever get the benifit again. At the cost of over $4000/ month it will not take long to "spend down" her resources. I do not understand why doing what seems like the right thing would have that effect. Others have also told me that we should wait for the VA to catch up with the information I provided and let them tell us to send the money back. What shuld we do?

[pologal1979]

If you are not sure if this asset change was taken consideration, then:

1. Dont cash the VA checks yet. If you did already, just hold the next 1 until you get this figured out.
2. Read your letter from VA carefully, if it doesnt mention anything about the situation then
3. Call VA.  Can the rep review the VA records and see if the evidence you submitted was reviewed and does the VA know about this?
4. If there is no claim pending in the system now, then tell the rep to take the info down and forward to the appropriate department.
5. If there is a claim pending - it may be the evidence you submitted.  If that is the case, then dont cash checks yet, if you dont have to.  she may not be entitled. but i dont know that. va will have to look at the evidence submitted and review it before a decsion is made.

im just saying - err on the side of caution and dont cash the checks right away. or if you do cash them, keep them in the bank and dont use it yet if you dont have to.  if va decides she isnt entitled then an overpayment may occur.  then you can pay the checks back right away at that point.  the whole problem is that the issue needs to be reviewed and that might take awhile. 

you may want to also submit an IRIS inquiry on that. See www.va.gov and search for IRIS.


i

[jmyva]

Thanks for your response. Any thoughts on the "red flag" statement and that this would hurt her chances to get the benefit in the future.

[pologal1979]

the red flag thing is BS.  just because her net worth changed doesnt mean she wont be entitled ever again.

if you did send the $$ back, it would suspend her benefit. then it will take awhile before VA straightens out the mess.  thats just because it takes about 6-9 months to get to her case. 

so in any case it will be awhile before it is straightened out. no matter what you do.

[jmyva]

Thanks...I think I'm beginning to get the picture...

[Fit2009]

I recommend cashing the check.  Write a Statement in Support of claim stating:
My home, which had a market value of $X when I applied for the Pension benefit on X Date has been sold.  It sold for $X, of which I received Y after paying for the realtor's fee etc.  I informed the VA of the sale on X day and subsequently received my VA award and back check.  I understand I am obligated to furnish you this data and wanted to make sure the information provided on X day was received by you.
Let us know what happens

[jpez]

It does not matter what the home "was " worth. that what the va told you. DO NOT put down what it was worth.  that's a "so what" fact.
all that matters is what the price it sold for is.
And what you do with that money.