Finally, after 11+ months...

Discussion in 'Share Your Personal Experience' started by Angelo Gonzalez, Aug 21, 2012.

  1. My mother, a 90+ year old widow of a WWII Veteran, finally received her first A&A payment recently after a very long, long ordeal. The whole process started in December 2009 when we met with a local attorney to help us apply to both the Medicaid Diversion Program, and the VA's Aid and Attendance Program. This person was referred to us by an Assisted Living as being a "VA Approved" attorney. To make a long story short, the attorney never processed any of the applications even though she confirmed to us that they did several times. Unfortunately, we didn't find this problem until 9 months later, (in September 2011), when I called the VA to inquire about her Aid and Attendance application.
    Needless to say, we had to start the whole process again after losing 9 months of waiting time.
    Mother finally received a payment. Looks like it was retroactive to Sept or Oct 2011. It's hard to tell since we have not received a letter from the VA yet explaining the benefit payment. I guess this will be arriving soon. Is it typical to receive payment before a letter?
  2. newpenny

    newpenny Jr. Member

    yes it does happen.
  3. vetadmin

    vetadmin Administrator Staff Member

    Yes, this is very common.

    If I were you, I would look at reporting the "VA Attorney" to proper authorites. Losing 9 months of benefits due to their lack of actions is reprehensible.

    Bottom line is, so glad you Mom will now have this pension to help pay for her care.
  4. newpenny

    newpenny Jr. Member

    What I do not understand is why would this attorney lie ,what is there to gain. Definitely report her, I bet she has done this before and I would tell the party that referred her to you.
  5. The attorney would never respond to us why she didn't file for both Medicare Diversion Program or Aid & Attendance as agreed. I guess she didn't want to self-incriminate, however, she did manage to "hint" that it was her assistant's fault. My response was that "I hired her, not her assistant".
    After a few communications, she agreed to reimburse us the $2,150 fee we paid her for the Medicaid process. (She indicated that there was no charge for the VA application even though it was part of the deal).
    We are pursuing a malpractice claim and a formal complaint to the FL Bar against her now that we know the date of the VA retroactive payment, (unless she compensates my mother for an equal amount corresponding to the 9 months lost).
    She always told us that regardless, "the VA would pay retroactive to the date on the application". Another blatant lie, they paid back to the day the application was filed and that makes sense. Just another "black sheep" that gives the profession a bad name, I guess.
  6. vetadmin

    vetadmin Administrator Staff Member

    Glad to hear that you have taken these actions, and she does need to be held accountable. 9 months of benefits is not pocket-change!
  7. newpenny

    newpenny Jr. Member

    glad to hear you are taking action!
  8. Finally received the approval letter today, almost two weeks after the initial award arrived. I had to call the VA to get a copy since the original never arrived. Long letter, very detailed.
  9. susan in NY

    susan in NY Newbie

    Would you have the time to talk with me on the phone about the process you went through to get these benefits from the VA? I write for the New York Times' New Old Age blog -- which is about issues for caregivers of the elderly.
    You can see other articles I have written for the New York Times at this link:

    Please email me at and we can set up a time to talk about your experience so others might be helped to obtain this much-needed benefit.
    Susan Seliger

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