Payment of Accrued Lump Sum to Estate

Discussion in 'General Discussion' started by mprause, Apr 26, 2008.

  1. mprause

    mprause Newbie

    My mothers application for Aid and Attendance was delayed for over a year until her death. Three months after her death, they sent a letter saying that her claim was denied due to her death, even though we had been getting letters for 6 months indicating that she would be getting SOMETHING.

    I understood that her estate would get the balance of what she should have received, and I filled out all paperwork as the executor of her estate. I received a letter today with a denial of that request because according to them, accrued benefits can only be paid to the veteran's children under 18 or 23. We had no last expenses for her, since she had a burial policy that had been paid for years previously.

    Is there something I am missing here? No wonder they delay soooo long in approving any of these claims, it's all just a shell game if this is true.

    Does any one know any other magic words I should use to appeal this claim? It was really unacceptable that the VA delayed this so long, my mother could have used this for better care during her last year.
  2. MichiganMom

    MichiganMom Newbie

    I'm in the same situation. I'm going to contact my senators and house representative. (I probably should have done this sooner (instead of being patient) while my father-in-law was alive.) Is there someone else in our government with oversight of the VA that I should contact???
  3. tarabl

    tarabl Newbie

    We are in the same situation too. My sister contacted the VA, she had previously filled out the fiduicary form and the person she spoke to at the VA when mom was admitted to hospice told us because she was in hospice if the doctor stated she was not able to make decisions the wait period would be waived. In that time, mom passed. My sister contacted the VA again and was told mom's estate would get any monies that would be due her and she would mail out a form for my sister to complete. We'll see, she had just called on Thursday since mom passed last Monday.
  4. madlou

    madlou Newbie

    Perhaps you should submit a claim for non-negotiated benefits. According to M-21MR "payments made to the beneficiary but not negotiated prior to his/her death are not accrued benefits but are considered non-negotiated benefits." I'm not sure what form you would use to apply for non-negotiated benefits but perhaps a 21-4138 would suffice.
  5. mprause

    mprause Newbie

    Thanks for the info. I have sent a form in for non-negociated benefits, we will see what the VA does with that one. I don't have a lot of hope, but anything is worth a shot.
  6. Patty

    Patty Newbie


    Cost of Last Illness is all unreimbursed medical expenses since the first of the month after you file for A&A. If you write $0 because you assume they will count those expenses, unfortunately, they will zero out your parent's account and consider it closed. You will only get reimbursed for those items which have been PAID by your parent's estate, so unpaid bills waiting for VA funds don't count, you must pay first - include proof of payment (can just be a statement from 1st of month after filing until day of passing - marked PAID The assisted living, home care company etc should be able to run a report like that for you very easily - and they are the ones who need to mark it paid.
  7. tarabl

    tarabl Newbie

    Patty, Can you help me understand what you posted....

    Mom was approved for the A&A in the beginning of this year after applying at the end of January, 08. Right as mom was approved she went into hospice and passed away. We were told there were no benefits to be had since we hadn't incurred funeral benefits(her's was prepaid). She was in assisted living for 2 years, only three months of that would be eligble Jan 08 to May 08 and then hospice incurred costs which was 200.00 a day for 28 days. Would I be able to get a paid statement for those periods of time and go back to the vet's administration and recoup the money her estate put out for her care?

    If you could clarify I'd appreciate it. I don't want to do all the leg work if we wouldn't be eligble.

  8. Patty

    Patty Newbie

    Yes, that is correct - you need to include those paid statements and list them as a cost of her last illness. Include statements from the first of the month after you applied until the date of her passing. I am sorry to hear of your mother's passing, I hope this process goes smoothly for you.

    All the best,
  9. daughterjtl

    daughterjtl Newbie

    Claimant died before being approved, any payment to estate?

    My mother died before being approved for aid and attendance. We filed the claim in January 2010. Mother died May 25, 2011. There were a number of correspondences, where we had to send in additional information. The only thing we ever heard from them was that the "claim is being processed".

    Do we have any re-course now? Is the estate entitled to any compensation from the VA?

    Thank you for any help you can give me.
  10. vetadmin

    vetadmin Administrator Staff Member

    I am sorry for the loss of your mom, and what a difficult time this is for your family.

    There may be some recourse here, but before exploring that, are there any "out of pocket" expenses by you or another family member?
  11. Max

    Max Hero Member

    Patty, this is actually incorrect. You may only submit expenses that the deceased claimant did not submit with his/her claim. Typically these are funeral expenses.

    Please note that the purpose of this benefit is to essentially ensure that veterans and their surviving widows have enough funds to meet a minimum level of subsistence. If the veteran or widow passes away, there is no obligation to pay the benefit to an estate for heirs. It is entirely needs-based public assistance, not a defined benefit retirement plan (the name "pension" is quite misleading).
  12. Fit2009

    Fit2009 Sr. Member

    I disagree, by listing out any medical and funeral expenses that family members paid from the time of the filing until death we have successfully gotten people that portion of the money back for over 6 years. I like to include what the applicant paid to make it clear they were using all of their monthly income for the medical expenses so the child (and the VA) doesn't have any misunderstanding of who paid what.
    I see in 2008 that I made a mistake by saying paid by the estate, that is incorrect - it is anything paid by someone other than the estate - most commonly children, familiy members etc.
    The VA is only interested in paying what someone else paid on behalf of the applicant, not, as you correctly stated, replenishing the estate.

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