Aid & Attendance back pay after death

Discussion in 'Share Your Personal Experience' started by Elaine T, Apr 19, 2017.

  1. Elaine T

    Elaine T Newbie

    I applied my mom for Aid & Attendance in January 2014. She began receiving money in September 2014. She received a letter stating that she was owed back pay from January to August, only she never received it. My mom passed away in June 2016. What happens to that back pay that she never received?
  2. Matt375

    Matt375 Jr. Member

    Unless the VA was waiting on a Fiduciary investigation back pay doesn't sit for 2 years for no reason. Are you sure the money was never sent? Also if there is no demonstrated need for outstanding final expenses then most likely that money will never be recovered.
    Kaylin likes this.
  3. Kaylin

    Kaylin Hero Member Staff Member

    As Matt375 said, there's not reason it should have taken 2 years for the fiduciary process to go through. You need to first find out if that money was ever paid - if the VA has it in their records that it was paid.
  4. Elaine T

    Elaine T Newbie

    I was my mom's POA, Health Care Surrogate, etc. They said I would be named fiduciary but it would take a little while. I have no idea why they never named me fiduciary, or if they did, I was never informed. I'm absolutely certain that she never received the money. I was the one taking care of her finances and she lived with us for 6 years. Every time I would call, they would tell me it was still in process and that they were really behind. It has been my experience at some of these offices, that some don't have a clue of what is going on. The first time I tried to apply my mom for A&A, the man at the office told me she didn't qualify. Then several months later, I heard from a friend who applied for her mom, so I went to the office she went to, and he told me that what I was told the first time at the other office was wrong. He filled out the paperwork, I gave him everything they needed for the application and she was accepted but didn't begin receiving for 8 months. This is where the back pay came in, only she never got it.
  5. Kaylin

    Kaylin Hero Member Staff Member

    Interesting. It is strange that they never got to you in 2 years to complete the fiduciary process. What you can do is either call them (and keep calling until you get a reasonable answer - because some reps are better than others) or submit a Statement in Support of Claim form 21-4138 asking for the back pay that was never awarded.

    Whatever amount of retroactive funds (accrued money) the applicant was owed before their death, up to that amount is what the son/daughter, etc. can claim on the 21-601 Application for Accrued Amounts due a Deceased Beneficiary.

    Any expense the son/daughter paid on the applicant's behalf while waiting on this award, any deposit to an assisted living facility/nursing home, any shortages they paid each month including final arrangements. Anything they paid from the date of the original application can be claimed against the accrued amount of the applicant's retroactive funds. Make sure to have clear documentation of these expenses. Bank statements and such.
  6. Elaine T

    Elaine T Newbie

    Thank you so much for that info. I would have a problem coming up with documentation of expenses. The last year and a half, I took an unpaid leave from work to take care of her full time. Having someone stay with her from an agency was beginning to cost more than her income would allow and some months when she reached a "donut hole" with her insurance, her meds were costing $500/ month. She didn't have a lot of money, and what she had, I had to try and make it stretch to be able to care for her at home, which is why I took an unpaid leave to care for her. I lost my health insurance and lost a year and a half on my pension we get from the school system, and it was my choice to do that. I did not and couldn't put her in a nursing home. I took care of her out of love and respect for her request to never put her in a nursing home if I could do it. Any documentation I had was shredded. Is there anything else I can do at this point?

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