Approved in 4 weeks

Discussion in 'Share Your Personal Experience' started by Jag42, Mar 29, 2012.

  1. Jag42

    Jag42 Newbie

    Dear Debbie,
    My father-in-law was approved for the full pension amount of $1703.00 per month. I sent in the completed application on Feb. 22....on Feb. 27 was notified they received it....was notified yesterday it was approved.
    He was declared incompetent to handle his own financial affairs due to Dementia. They also said it may be possible to grant improved VA Pension one year prior.

    I want to thank you for ALL the help you give me and for this forum.

    Jag42 (Jeanne Gallagher)
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Jeanne,

    What wonderful news for you and your Father-in-Law! I'm so happy to have been a resource for you and for this outcome.

    If his condition and expenses were pretty much the same for the 12 months prior, you need to file for that extra 12 months of pension.

    They will start the award, but any back monies will be held until you get through the Fiduciary process.

    Again, Congratulations, and please share the site with others.
     
  3. Jag42

    Jag42 Newbie

    Dear Debbie,
    Once again I need your expert assistance:

    My father-in-law's approval for the pension states: "Since there is a definitive finding of incompetency by a physician in this case, and you are not shown shown to be able to manage personal affairs to include disbursement of funds, we propose to make a determination of incompetency for VA purposes."

    Do I now send in VA 21-4138 Statement in Support of Claim that there is no issue with the VA finding of incompetence and wish to proceed with the appointment of a fiduciary? OR: do I wait for the VA to make their determination of incompetency?

    Thank you,
    Jag42 (Jeanne Gallagher)
     
  4. vetadmin

    vetadmin Administrator Staff Member

    Send it now. They have for all intense and purposes ruled him incomptent. You want to waive the 60 day waiting period as outlined in the FAQ section on the site.
     
  5. Jag42

    Jag42 Newbie

    Is a simple statement saying, "we wish to waive the 60 day waiting period" sufficient along with the statement that we have no issue with the VA finding of incompetence, etc. ?

    I can not find the FAQ outlining the 60 day due process.

    Again, thank you.
     
  6. vetadmin

    vetadmin Administrator Staff Member

    Once you receive notification from the VA that they find it necessary for a fiduciary to be appointed you should submit Form 21-4138 and include the following statement:

    Please be advised that (parent's name) and I have no issue with the VA finding of incompetence and wish to proceed with the appointment of a fiduciary. We wish to appoint myself (her/his insert your relationship to the veteran) as fiduciary. I understand that I must be interviewed prior to that appointment and would appreciate such an interview be scheduled as soon as possible.



    If your situation is one that the delay in payments will create an extreme financial hardship, you can include the following statement as a way of expediting payment:

    I respectfully question the withholding of my (parent’s name) benefits, pending the appointment of a fiduciary. Referencing a VA policy: Pursuant to VA Manual M21-1, Section 17.15: Procedure Upon Receipt of Evidence of Incompetency, your manual states "Do not routinely suspend direct payments to a beneficiary pending development of an issue of incompetency or certification of a fiduciary." The manual further states: "If entitlement to benefits has been established but no payment has been made or if increased benefits are payable, make a determination as to whether or not benefits should be paid directly pending certification. The determination should consider if delaying the payment of the benefits would cause undue hardship for the beneficiary. If the evidence of record shows that delaying payment would create a hardship, properly annotate the award, referencing the evidence reviewed and the justification for paying benefits directly to the beneficiary." I think if you reference (parent’s name) claim, you will see that withholding his/her payment does constitute a hardship for him/her. I would like to request that he/she receive payments during the fiduciary process.
     
  7. Jag42

    Jag42 Newbie

    Debbie,
    I received notice from VA yesterday informing us that they proposed to rate my father-in-law incompetent.

    Today I sent back VA form 21-4138 advising them we have no issue with their finding and wish that my husband (his son) be named fiduciary. I was sure to include that we waive the 60 day waiting period.

    I can't thank you enough for all the help you and this forum have provided me.

    Wishing you a good day,
    Jag42 (Jeanne Gallagher)
     
  8. vetadmin

    vetadmin Administrator Staff Member

    Jeanne,

    You are so welcome, and please do keep me posted as to how and when everything is done. Waiving the 60 days should help things go a little quicker.
     
  9. Jag42

    Jag42 Newbie

    Dear Debbie,
    Today I recieved a letter from the VA that they found my father-in-law incompetent. There was no mention of them recieving form 21-4138 I sent April 4 telling them we had no issure with the VA finding of incometence, etc. It was sent return receipt...VA signed for it on April 9.
    Sould I just send in another form 21-4138 stating the same as I did before?
    My father-in-law's pension started on March 1 (that month was withheld pending the appointment of fiduciary). They did deposit April's check on May 1st and again June 1st.

    Thank you,
    Jeanne Gallagher
     
  10. vetadmin

    vetadmin Administrator Staff Member

    Jeannie,

    They have to send that letter with their ruling.

    Did the letter give you an option to appeal or agree with the rating? If not, then you don't need to send it again. What you do need to at this point is the Fiduciary process. Was there anything in the letter referencing that?
     
  11. Jag42

    Jag42 Newbie

    Dear Debbie,
    The letter stated that we may appeal the VA's decision that my father-in-law is not competent for VA purposes within one year.

    Should I just send another Statement of Support of Claim stating that we have no issue with there finding and wish to appoint his son (my husband) as fiduciary? (I just do the paperwork)?

    Thanks again,
    Jeanne
     
  12. vetadmin

    vetadmin Administrator Staff Member

    Yes, so they don't wait the 60 days.
     
  13. Jag42

    Jag42 Newbie

    Dear Debbie,
    Thank you again.

    It seems the VA did wait the 60 days before their finding of incompetence as if they never recieved the "Statement in Support of Claim" I mailed in April stating we had no issure with a finding of incompetence, waived the 60 day waiting period and to appoint my husband fiduciary. We have returned reciept that VA recieved it on April 9.

    I will send VA another VA-2148 today. Also, will try contacting VA by phone.

    Want to take this opportunity to say how impressed I was of you going before Congress last Wednesday.

    Jeanne Gallagher
     
  14. vetadmin

    vetadmin Administrator Staff Member

    Thank you Jeanne. I will be going back as I don't support the Senate's idea that evoking a 3-year lookback period is fair to our veterans, and only gives the VA an additional way to delay the award.
     

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