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Author Topic: New Incompetency Procedures / Fiduciary Issue  (Read 858 times)
pologal1979
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« on: November 21, 2009, 08:45:19 AM »

this will make things a lot easier. a new law was passed that will help in this area.  what has happended in the past is that

1. benefits get awarded via rating decsion, a proposal of incompetency is prepared, but the money was deferred pending the appointment of a fiduciary.
2. then after 60 days or so then rating board will prepare a final rating of incompetency.
3. then a fiduciary unit's field examiner would go out and decide who should be the fiduciary for the claimant, etc.
4. the field examiners report is sent back to the office where the decsion to award benefits.
5. then the claim gets processed and money is finally paid to the fiduciary.

this is a lengthy process in itself.

now with the new law / procedures this is what will happen:

1. claim will be processed. rating board may propose incompetency.
2. the claim will be processed to pay the benefits to the claimant and propose incompetency
3. then the incompetency issue plays  out but in the meantime, the claimant will get their $$$ until a fiduciary is appointed.

this should resolve a lot of the issues with this topic.
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KarenO
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« Reply #1 on: November 23, 2009, 08:42:45 AM »

Will this be immediate for us who are waiting for the appointment of a fiduciary?  Or is it just going forward on new cases?  Thanks.
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pologal1979
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« Reply #2 on: December 11, 2009, 07:43:41 AM »

as far as  i knoe just going forward on new cases.
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