Fudiciary Question

[hugapug]

During the evaluation period by the VA, if they determine that a claimant needs a fiduciary, do they notify the claimant that they are requiring a fiduciary?[/b]

I am wondering if that is holding up my mother's claim which was received October 25, 2010.  The only notification we have received thus far from VA is that they received the claim, and then in February 2011, she received a letter that asked for updated documentation on bank statements and caregiver information/receipts of what was paid to them and a contract, along with a Statement In Support Of Claim.  They also mentioned that they had requested my mother's medical records.  All of the information was sent back in a timely manner.

Since this time we have only received computer generated letters that her claim is still being evaluated.  So I just wondered if the VA would notify us that they are requiring a fiduciary once they determine that she needs one if she does?  It's been almost 9 months since claim and she is concerned.  She is 78 years old and health is failing.

[vetadmin]

Please see other reply about conacting her Senator and getting them involved.

They have not processed the claim to the point of making an award or denial.  When the make an award of the pension, they will send a letter stating they have granted, but have made a ruling of incompetency.  At that point would be when you would address the Fiduciary issue.  Your main goal is to get a ruling, let the pension start, and then deal with Fiduciary.  Keep in mind they will not release all the accrued monies until the Fiduciary is settled, but they will start the payments of monthly pension upon award.