Unpaid retroactive funds; Fo

Discussion in 'General Discussion' started by ProudVetDaughter, Mar 20, 2015.

  1. This forum was of great help to me when I applied for A&A last year for my father, a WWII veteran. I come now with another question.

    --He received approval for the pension last May and began receiving monthly payments. Payment for six months benefit was withheld pending appointment of fiduciary.

    --I was appointed fiduciary in January. Payment for January was deposited into the fiduciary bank account I set up.

    --My fiduciary appointment letter states that the retroactive funds would be used for the cost of care and towards the purchase of a pre-paid burial.

    --Retroactive funds were not received. He passed away in February. He was buried in a National Cemetery.

    --He left about $25K in assets. My brother and I are the only beneficiaries.

    --Funeral home expenses, last nursing home bill, and hospital bills will total about $14K. I will probably pay these myself since the probate process takes six months. We have not begun that process yet.

    I've talked with the VA Field Examiner that I met with about the fiduciary appointment. She was unsure if the retroactive funds are still available for his last expenses, but suggested I complete a Form 21-601. My internet research has not been necessarily encouraging, but it hasn't been that clear either.

    I'm hoping someone has had some experience with this and can help out here.

    Thanks for all you do!
  2. vetadmin

    vetadmin Administrator Staff Member

    Our condolences on the loss of your Dad.

    You can get the VA form 21-601 off our site, and yes, you should make application to have those expenses covered up to the amount of what was accrued. The VA will not pay more than what had not been paid for the prior 6 months.

    Last expenses are not limited to final arrangements, but rather anything that was paid on behalf of his care as well.

    Again, our sympathies, and just honored to have been able to help.
  3. PattyW

    PattyW Newbie

    I have a question about the statement that the "VA will not pay more than what had not been paid for the prior 6 mos." I am trying to apply for accrued funds that were to be paid to my brother who passed away before payment. The total is about $25,000. I paid $27,500 towards his assisted living expenses for the year prior to his death so that he could be in assisted living. I was under the impression that I would be paid back from the accured funds once he was approved. There is currently a balance owed to the facility of around $8,000. If I file the form for 21-601 "Application for Accrued Amounts Due a Deceased Beneficiary," will I be able to be reimbursed the total amount I spent or will they pay only back 6 mos. of what I paid or only pay the $8000 that is still owed to the assisted living facility?
  4. vetadmin

    vetadmin Administrator Staff Member

    You can only get back up to the amount that was owed to him.
  5. PattyW

    PattyW Newbie

    The facility agreed to a partial payment each month with the balance to be paid once he qualified for A & A. I paid $2500 for 11 months. The facility is owed $6000. If I file for 21-601 will I be the one who gets reimbursed for what I have paid already or will the facility get preference for the owed amount. I see on the form where it requires you to list amounts owed but not paid. I want to fill out the form correctly so it isn't kicked back for something that I'm unaware of.
    The accrued amount is less than the total that I paid. I am aware that they will only pay the accrued amount and no more. I should receive the total accrued amount if I file 21-601 with the death cert, statement of account from assisted living and copies of my canceled checks, right?
  6. vetadmin

    vetadmin Administrator Staff Member

    The facility cannot file against the accrued benefits, and they will only be paid to you or another family member who paid care expenses on his behalf.

    Unless there is some binding agreement between you and the facility, they cannot come after you for what is owed.

    All you need is proof of those payments to the facility, and a copy of the Death Certificate.

    Follow the instructions on the 21-601, and mail Return Receipt to the proper Pension Center. Keep a complete copy for your records in the event the VA claims to not have received.

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