Here is some good news!!!

Discussion in 'General Discussion' started by new57, Jan 29, 2010.

  1. new57

    new57 Newbie

    Sumitted application last Friday 01/22/2010.

    VA called my Father on Wednesday 01/27/2010 seeking information on his martial status. (If you are a widower and leave the marital status blank, they get confused).

    I was able to obtain his VA file number from the first rep at the main VA number, and they told me they had me as his rep.

    Called the pension center, and the rep said no 22-21a on file, and to fax it over right away.

    Both reps were amazed how quick the file was opened and already being processsed.

    I will keep you all posted.

    Eric.
     
  2. sduckett

    sduckett Newbie

    Wow! Good for you and your dad! I'm jealous... although I don't know what for! :D Maybe my dad's claim will go the same way!

    Seriously, congrats! The Paperwork Gods must be smiling on you!
     
  3. vetadmin

    vetadmin Administrator Staff Member

    Eric,

    I hope you are feeling pretty good about your decision to take this on rather than what you were initially looking at.

    Good for you, and we look forward to your updates.
     
  4. new57

    new57 Newbie

    Update:

    Received the confirmation letter this past Saturday 01/30 stating that application has been received and please be patient.

    Called pension center this morning to see if they received my 22-21a form, they did.

    Rep told me that my father has already received his rating, but could not tell me what it was.

    Rep told me it should not be much longer for the final decision (i do find that hard to believe)

    Rep also told me to file 22-0845, since the 22-21a is only good for the application process. The 0845 can keep my representation going indefinetly.

    thats it for now.

    eric
     
  5. vetadmin

    vetadmin Administrator Staff Member

    Eric,

    That is awesome news, thanks for sharing!! Seems like in the past couple of days some great things have been happening on getting awards. Yes on the 22-0845. The VA recently made a change on this, so send that in, and keep us posted as things hopefully move forward for you.
     
  6. new57

    new57 Newbie

    Update:

    VA spoke with ALF administrator, ALF caregivers and my father this past Friday.

    Wanted to confiirm cost of care, what care is given, etc.

    Called pension center today to inquire as to status and what converation took place with dad.

    Basically, she told me that first part of process is complete and letter will be sent out. It has not been generated yet, so she could not elaborate further.

    Converation with my father was about the Brady Bill and with an incompetent finding he could no longer purchase or own firearms, and he could appeal the finding.

    I assume at this point i will get the incompentency letter, and fiduciary info.

    Good news is that the process is progressing along.

    eric
     
  7. vetadmin

    vetadmin Administrator Staff Member

    Eric,

    You do seem to making great headway and we appreicate the updates.

    A lot of people don't know that if the VA finds incompetency, you lose your right to own a firearm. Surprised that they informed him of that, but it is true.

    Look forward to hearing you have gotten the award.
     
  8. new57

    new57 Newbie

    UPDATE: Aid & Attendance Granted by the VA in the full amount of $1,644/month!!

    This is fantastic news. It means that my father will be able to stay in the ALF and live out his days as peacefully and as comfortably as possible.

    As a side note to the members of this forum. If i can do this, so can you! All of the information to process a proper claim is on this site.

    Here are some highlights of the award letter:

    1. Time to process claim and issue award was four weeks.
    2. The VA did not consider on going prescription costs or incontenance supplies, as they are not predicable.
    3. The VA will allow to you back file for benefits for the prior year if so desired.
    4. The VA used his Care, Medical, and Physician statements to determine the award. They did not ask for additional proof of medical evidence or bank statements. The only backup document I sent was the Social Security yearly statement of 2010 benefits.
    5. They interviewed my father twice on the phone, and as a result they are proposing incompentency.
    6. The award letter is contradictory in that is states they are withholding funds, but then say funds will be released March 1st.

    I will call the VA to get clarification and how to become his fiduciary as I have no issue with their finding.

    Many thanks to Deb and all of the members for providing the inspiration to file on my own.

    Eric
     
  9. vetadmin

    vetadmin Administrator Staff Member

    Eric,

    Congratulations on such great news!! I remember when you joined and were looking to go other routes, and, while this can be a daunting task, it can be done. Thank you for sharing this update and for encouraging others.

    Your situation is rare in the timeframes, but we couldn't be happier for you. It's an honor to have been able to help your dad receive what he is entitled. Please thank him for me for his service.
     
  10. new57

    new57 Newbie

    Debbie,

    Thank you for your kind words.

    Do you currently have any additional insight in the current fiduciary process and whether or not they are withholding funds pending the outcome of the incompentecy issue?
     
  11. vetadmin

    vetadmin Administrator Staff Member

    Eric,

    Recently the VA made a change with regards to the fiduciary process. It used to be that they would hold the entire pension award until that process had been finalized. Now what they are doing is letting the pension start and then arranging for the meeting with the Field Agent for the interview process.

    The timeframe for the interview are ranging 3-9 months depending on your area, how many Field Agents there are etc.
    Before the change this was critical because of the withholding of the funds. For most people having the pension start was the biggest concern, which this new ruling addresses.

    I would suggest if you have not been contacted 90 days after the 1st award that you make a call and try to set the appointment. The other issue is, if you can show that your dad would have met the qualifications for A&A a year back, you may be able to apply for the previous year.

    You are in the End Zone at this point.
     
  12. new57

    new57 Newbie

    I called the VA today and received some clarification regarding his award letter.

    For the February 1st effective date they are withholding that amount due to the incompentency issue.
    For the March 1st effective date they are allowing funds to be released.

    Debbie is correct that the VA has recently changed their policy to allow funds to be disbursed while the incompentency issue plays out.

    Phone rep went on to tell me that they do withold any back payments (1 month in my fathers case).

    Rep also told me that my father could sign a letter waiving the 60 day appeal window, and also state in the letter than he would like to appoint me as his fiduciary.

    thats it for now.
     
  13. vetadmin

    vetadmin Administrator Staff Member

    Eric,

    Your updates are appreciated and hopefully encouraging others who are still waiting. Just wish all the stories were like yours.
     
  14. new57

    new57 Newbie

    Final Update:

    More good news to report. Dad's first check for March was direct deposited this morning.

    So, as Debbie predicted, the VA no longer withholds funds while the fiduciary process plays out.

    They only withheld the back payment (one month in Dad's case).

    I will keep everyone abreast as to the fiduciary process as it unfolds in a different thread, but basically I sent in a statement waiving the 60 day due process, and asking me, his son to be named fiduciary, but i have not yet heard back from them.

    eric
     
  15. vetadmin

    vetadmin Administrator Staff Member

    Good News indeed!

    Eric, you are lucky that it is only one month, and again, angles were watching over your dad's application. Most on here would love to have your story instead of the one they have.

    Look forward to hearing that you are all the way through the process.
     
  16. Max

    Max Hero Member

    Did you have him sign the waiver of due process? Also, did the waiver explicitly acknowledge the Brady Handgun act that prohibits him from owning/purchasing/transporting firearms and ammunition?
     
  17. new57

    new57 Newbie

    Yes, my dad did sign the waiver.

    No on the second question. Why is that important?

    I am not that overally concerned with the waiver; because the 60 day deadline is coming up soon, and they will rate him incompent in any case.

    Thanks for your expertise in explaining this process.
     
  18. Max

    Max Hero Member

    The problem with the Brady Bill is that if we don't receive a waiver specific to that issue, we're required by law to call the claimant and explain to them over the phone what the Brady Bill is. Usually waiving this saves a week or so since most of the time we can't get a hold of the claimant (since they are incompetent) and we are required to try 3 times over the course of 3 days before giving up.
     
  19. new57

    new57 Newbie

    Oh, ok.

    They actually called him weeks ago, right before the award letter went out.

    I posted that in a earlier post. Both Debbie and I could not understand why they called to explain that to him.

    Very interesting, and thanks for the explantion into VA procedures for incompentency.
     
  20. Max

    Max Hero Member

    Oh ok good to hear. Yeah, we HATE having to do that call. It serves no real purpose, wastes our time and often confuses/upsets the claimant. I always try to solicit for a waiver of due process and do the brady bill at the same time so we don't need to make that call.
     

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