Father Being Evicted from Living Facility...

Discussion in 'Share Your Personal Experience' started by Zak, Dec 5, 2012.

  1. Zak

    Zak Newbie

    I’ve been to this site a few times seeking advice, and mostly found my answers through other poster’s stories or experiences, as well as Debbie’s sage-like advice to forum members. However, I can’t find a story similar to mine, so I am seeking some advice.

    We moved my father into a care facility in July of 2011, and the director told us about the Aid and Attendance benefit. My father and I completed all the necessary forms, sent it in, and began the waiting game. The rent for the facility was around $2450, but for some reason we were offered a $750 discount, so it was around $1800 a month. He doesn’t make that much in social security retirement, so it was agreed he’d pay $1000 for the first 8 months, and after that, he’d be responsible for the full amount. Around 8 months later, his facility contacted me via certified letter that he is being evicted for failing to pay them back the money he owed (around $8,000). I immediately called the VA to see where his status was in the process, since we hadn’t heard anything back (didn't realize at the time we should have gotten a letter back after a few months saying the received the paperwork), only to learn that they had never received the paperwork in the first place. So now we are 8 months behind in the process, and over 8K in debt.

    I contacted our county’s Veteran Service Office to get some assistance, and a gentleman named Darryl sat with me, we got all the forms and paperwork filled out again, and he faxed it to the powers-that-be with a “financial hardship” letter to help expedite the process. That was in March of 2012. A month or two later, we got a letter from the VA saying they received his paperwork.
    In the meantime, I met with a director of another facility, to see about possibly moving him over there, and he gave me some advice. Apparently, all these assisted living communities are owned by two corporations, and the one my dad is staying at versus the one I was trying to see if I can move him to are different. The other one has a liaison whose job it is to help vets qualify for their benefits, and he gave us some advice, as well. Basically, they told me and my father to ride it out for a while, since the place he is staying can threaten to evict a resident, but when it comes down to it, it would be bad public relations for them and they more than likely wouldn’t do anything. Plus, it would take around 6-8 months for them to get the courts involved and what-not, so we figured that would buy us some time and by then hopefully we’d qualify for the A&A, he’d get retro-pay from March (when the VA said they received his paperwork) and he could pay off his debt.

    I called the VA a couple of days ago, and of course, they haven’t done anything yet. We’ve gotten 4 letters over the past 8 months saying basically they are still reviewing his paperwork, blah blah blah. But a couple weeks ago, my father got a letter from some attorneys representing his current living faciility that basically they are going to take him to court for failing to pay back his debt owed to this living facility, and he needs to move out NOW, and if he doesn’t, they can get a sheriff to come out and MAKE him leave.

    So, he now owes over 14K to this place, and my thought is if he qualifies for the full pension which is around $1800 or $1900 (which the liasion at the other place believes he will), and gets the retroactive pay, that equates to around $14K and he can pay them back. But if he has to leave, and then, say, a few months from now, he finally gets approved, who’s to say he decides not to pay them back? I’m just not sure what rights he has at this point.

    My wife and I could take him in if we really had to, but we have 3 young children and are trying to avoid it if we can. I know the common answer to this is to contact our state senator, but even with that person on the case, how long might that take? We found out the other facility I mentioned has residents living there who owe over 20 and 30K. I’m wondering if they are being forced out, as well. And they are no longer taking people who are “in limbo,” so to speak, waiting for their benefits to kick in. Plus, doesn’t the veteran have to be living in a facility to get the A&A to begin with? If we take him out, won’t that disqualify him from getting the aid in the first place?

    This has all been so frustrating and confusing I could just scream.
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Zak,

    I am sending you a private message to contact you by phone, but in the meantime, keep this in mind. No one but the VA can be a creditor for this pension.

    They willing accepted a lower rate, you do not owe this money!
     
  3. Zak

    Zak Newbie

    That would be great. Thanks.
     
  4. sck

    sck Newbie

    I am in a similiar situation with my 81 year old mother. The facility she is at has told her that she will be getting evicted. We filed her va paper work in August of last year (2011) and we didn't think of checking a few months after because I was told that it would take about a year for the aid and attendance to kick in. We went to the VA office and completed all the required forms, and felt confident that we were on the right track. However, in November of this year my mom was told she would be evicted and so we called the VA office and were told that her claim had been dismissed due to incomplete information. REALLY! Long story short, the va dropped her claim. No letters were mailed to us and I have a hard time believing that they couldn't reach us through the postal service. All of her other mail was forwarded. So, I contacted my congressman, senators, and also the veterans administration. My congressman has been such a blessing. Sanford Bishops office jumped right in due to the hardship. I would try that route and see what they can do. Your congressmen can also advise you who to contact for legal representation. I hope my story has helped you a little.
     

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