VA matching IRS income

Discussion in 'Share Your Personal Experience' started by DebMc, Feb 27, 2014.

  1. DebMc

    DebMc Newbie

    We have been receiving A&A for my husband (quadriplegic) for about 5 years now. In 2012 he was sent a notice about a income he didn't report that dated back to 2009. The IRS was showing a different amount than what we reported. The reason for that was it was a long term disability income he received from his former employer and only half the income was taxable (the portion of premiums his employer paid) We always reported the full amount to VA which was twice what IRS was showing. So to VA it looked like there was another income. We sent letter explaining this.
    At the same time I received a letter asking about a income I had in 2009. The income was for my husband's bladder and bowel care I received from VA through fee basis. We always reported that income and the paperwork even stated this income was not to be counted as family income for pension purposes. I sent a letter explaining this income and also pointed out that we reported this income.

    A year later 2013 we received a letter basically that they received our reply and we had 30 days to send additional statement before a decision would be made. We thought it would all work out and was just a misunderstanding about income. WRONG!

    The next letter we got was saying my husband's A&A was going to be withheld beginning April 1st this year until the over payment was paid back. It referred to the disability income and my bladder and bowel care income.

    A letter of disagreement was immediately sent and they received it Dec 21, 2013. Also sent was a request for waiver of overpayment and a financial report showing the hardship it would cause.

    Sorry for the long post and I'm finally to my question. We now have 60 days to decide if we want to go the traditional appeal process which I know is not our best choice OR make a choice of these 2

    I elect the decision review process OR
    I wish to withdraw my appeal and have my claim reconsidered by the adjudication team based on the new evidence I have submitted.

    Any suggestions would be greatly appreciated. Based on the income they are questioning I have no doubt everything will work out but there is always that fear it won't and if we lose his A&A it would be a financial disaster.

    Thanks for all the work you do and great advice on these boards.

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