Testimony to the United States Senate

Discussion in 'General Discussion' started by vetadmin, Jun 20, 2012.

  1. vetadmin

    vetadmin Administrator Staff Member

  2. Marp

    Marp Jr. Member

    That is truly a horror story. That facility and that attorney ought to be prosecuted for fraud, why they aren't is a mystery to me.

    I would bet there are a fair # of clients this attorney and this facility have scammed - has anyone talked with an attorney about a class action suit?

    Finally, not only can the attorney be prosecuted for fraud, I would imagine he could be disbarred and the facility could lose its license if victims were to file a complaint with their state BAR association and with the regulatory body that licenses these facilities. Testifying before the Senate is important, but these victims may have other avenues for getting justice, including some financial compensation for the financial hardship these scams have caused them. I hope they pursue all avenues open to them.
  3. vetadmin

    vetadmin Administrator Staff Member

    I'm working on that! Going back to DC the week of July 10th. The property that this happen at is owned by Holiday Touch Corp, and this is only "1" story of thousands and thousands whose stories are just as devestating.

    Holiday owns Retirement and Independent properties and know full well that they do not meet nor offer servies that qualify for Aid and Attendance.

    Senator Claire McKaskill believes there should be some way to criminalize these actions, and I am going to do everything I can to help her.

    You should write to her office and share your thoughts on the matter. She is the daughter of a WWII Veteran.
  4. Marp

    Marp Jr. Member

    I might just do that - add it to the list of letters to write.
  5. newpenny

    newpenny Jr. Member

  6. Grammy824

    Grammy824 Newbie

    I was quoted $5,000 for the following from the elder care attorney I used for help with my Mother:

    $3,500 to prepare and file paperwork for guardianship (this never happened)
    $1,500 to complete forms for VA Aid & Attendance (I did all of the leg work to furnish the necessary information)

    Another $1,500 was required if I requested assistance in filing for Medicaid (which I have not pursued). I presented a check for $5,000 (written out of Mother's account) to the attorney. To date the VA Aid & Attendance is the only service that I have needed or received. I have had no luck in trying to get a refund from this attorney.

    My advice is to save your money and ask for assistance directly from the VA so that you won't get ripped off by a money hungry attorney.
  7. vetadmin

    vetadmin Administrator Staff Member

    Report them to the State Bar, and the Senator of the state for your Mom.

    If you have a local TV station that helps to resolve consumer issues, contact them as well.
  8. newpenny

    newpenny Jr. Member

    You have to report it is against the law.
  9. Fillise

    Fillise Newbie

    Reading this testimony after my father's home visit today sends chills down my spine. He is in a Holiday facility and had a VA rep show up unannounced and she interrogated him today. His facility has on-site care that he uses daily. His physician has also certified that he is unable to fix his meals due to extreme SOB and that he needs assistance with medication management and dressing. They have a call system that he has used if he falls or needs assistance. He loves the facility and is now terrified that he is going to have to move. The facility has other residents who receive the benefit. He was never told that he had to pay money to apply, but was told that he would certainly qualify. When I researched it over a year ago he looked like he qualified from everything I saw and I saw nothing in the VA requirements that specified assisted living.

    I feel like crying.
  10. Marp

    Marp Jr. Member

    I'm so sorry, Fillise. I hope your father's case turns out better than some of the others Deb has worked with.
  11. vetadmin

    vetadmin Administrator Staff Member


    There are a "few" exceptions where the VA looks at the medical and knows that the veteran needs to be in a modified enviornment, and have granted the pension.

    Problems often arise when the 1st EVR is due and when it is completed honestly, the VA comes back and says the property does not qualify and they stop the pension and demand full repayment.

    I hesitate to tell you this, but certainly do not want you to be blind sided if this comes up for you.

    With the Senate investigation, the VA is going to push even harder on independent properties.

    Holiday has really put this pension at risk, and we have not seen the end of this.

    If the one your Dad is in does offer more assistance than most of their properties, and he is paying for the additional services, then hopefully he will be ok.

    If somewhere down the road, you run into a problem, contact me, and I will share a resource than "might" be able to help make the argument that he can stay and still keep the pension.

    How did the VA rep leave things with him? Was it a Field Agent due to a fiduciary issue?
  12. Fillise

    Fillise Newbie

    I have no idea who the VA rep was or in what capacity. They didn't make an appointment, she just showed up. Dad is 85 and knows she was from the VA. She had his physician's statement and grilled him about it. It bothers me ALOT that they didn't make an appointment. I worry about them taking advantage of him. He is now terrified because it seemed like an inquisition to him.
  13. vetadmin

    vetadmin Administrator Staff Member

    You can thank Holiday for that, and the fact they have falsified so many applicaitons with deferred rents while claiming full market rent, and embellishing Dr's statements.

    She obviously had an agenda if she had his physician's statement in her hand.

    Did she leave him her card where you can call and find out what the visit was about. I am curious if she visited other residents. Seems odd she would just show up without even knowing if he would be there.

    What state is this in?
  14. Fillise

    Fillise Newbie

    He is in North Carolina. The rep was from Fayetteville and dad is in Wilmington.
  15. vetadmin

    vetadmin Administrator Staff Member

    Senator Burr is heavily involved in the Senate investigation on the "Pension Poachers" and it may be that he directed that Holiday properties be vetted. That's just a guess on my part, but he is also on the Veteran's Senate Committee, and I would not be surprised if this was the case.
  16. vetwife

    vetwife Full Member

    It seems so sad that the pressure would be directed to an elderly veteran.
    The vet is just trying to get help to pay there living expenses.
    I sure hope they make progress so vets can be clear what is an eligible expense and what is not.
    If all independent living facilitys rent is not deductible than the vet should know up front.
    That must have been frightening for him. :(
  17. vetwife

    vetwife Full Member

    I don't think it was related to fiduciary, only because looking at previous posts, I don't think they have actually been granted the benefit yet. Doesn't fiduciary always come after they propose the vet to be incompetent?
  18. vetadmin

    vetadmin Administrator Staff Member

    As a rule, you do not get a visit for this until after the award has been granted, and it can be several months after before the interview takes place.

    This going to a propety with physician's statement in-hand is not common practice, so I think it has to do with the investigation.
  19. Fillise

    Fillise Newbie

    Dad said the VA rep did ask about who handles his money and he told them I pay all his bills. He indicated most of the questioning was about his health.

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