Date of eligibility when reapplying after medical approval

Discussion in 'General Discussion' started by Dru, Sep 26, 2008.

  1. Dru

    Dru Newbie

    In Nov. 2007 my Mom was approved medically for A&A, but her application was denied for too much income. We stupidly thought that the ALF projected cost would count against her income, as our plan was to move her into the facility immediately upon approval. At that time Mom decided that she would hold off on moving to the ALF and my brother, who has power of attorney supported her in that. When it became obvious that she absolutely needed to go to the ALF, we moved her in knowing that her tiny bank account would not support her for long. We resubmitted her application with her changed financial status in 06/2008. On 8/25/08, my brother called the VA and asked about the status of the application. He was told that everything appeared to be in order, but that this type of re-application usually took about 90 days. He called again in early September and at that time was told they had no record of her new application. Unfortunately, my brother showed poor judgment in not sending the package with a signed receipt requested. We believe that the VA has the claim SOMEWHERE, or at least did have it. My brother hurriedly put together a new packet and application and mailed it, and it was received on 9/10/08 according to UPS. She has no more money. We are behind one month on the ALF payment. My brother is trying to borrow against his 7 year old car. If I cover her expenses out of my savings, will I be able to reimburse myself out of her retroactive payment? Will the date of elibility and payment be from her original 2007 application or from the remailed Sept. 2008 application? I cannot find this information anywhere.
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Dru,

    Several things here for you. One, the VA does have the original somewhere, but odds are they will not be able to "find" it. I can only trust that you kept a complete copy of the original paperwork. I can't stress enough the importance of keeping your own documentation of every single transaction between you and the VA. Case in point, the circumstances you are now dealing with. You may face a challenge with the VA acknowledging the original date submitted and suggest you prepare yourself for that.

    You can reimburse yourself if you are able to draw the funds from her account and your brother is in agreement this money would be repaid out of the retro check. It would not be a bad idea to draw up a simple loan agreement or advance showing that you are using your personal money to pay her costs and the arrangement is for you to be repaid at the time the funds come in.

    Keep us posted as to how things progress and we wish you the best of luck with all of this.
     
  3. Dru

    Dru Newbie

    My brother states that he has all the copies from the June application.
    Do you know if the benefits will be paid back to the date she entered the ALF (June 2008) or will they pay from the September application date (assuming they don't find the June application)?
     
  4. vetadmin

    vetadmin Administrator Staff Member

    Dru,

    The general rule is they go by the "date" of the application and not the date she entered the facility. My parents should have gotten $160,000, but unless the application is filed it is water under the bridge. It is regrettable that the first application was not sent registered, as the VA may want to only honor the recent one. There is no set rule on this, so until you hear back from them, it is kind of a wait and see which date they elect to acknowledge.
     
  5. Dru

    Dru Newbie

    But the date of her original application was April 30, 2007. This second application was just an Improved Pension Eligibility Verification Report. In the letter denying her first application for too much income, it stated if her asset situation changed prior to Dec. 2009, we should submit this form.
     
  6. vetadmin

    vetadmin Administrator Staff Member

    Dru,

    If it was only an EVR then you should be ok with the date of the original application date they acknowledged her eligible. Sorry for the confusion.
     
  7. Dru

    Dru Newbie

    Thanks, that's a relief. I'll let you know how this goes when we hear from the VA.
     
  8. vetadmin

    vetadmin Administrator Staff Member

    You are welcome, and please do keep all of us updated.
     

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