My mother was inquiring about the Aid and Assist program with the local AoA, and she was contacted by a company that helps with the paperwork promising a push thru, and having required paperwork filled out so as no delays, getting approval in 3 months instead of 6 months etc. my mother was visited and asked questions to establish eligibility and they visited my father to see his condition was legitament, then they told her they needed 750.00 to proceed with the paperwork etc., which she paid, they did send her the receipt for deposit and stay in contact we are still waiting on the doctors portion...my question is on the Aid and Assist portion of the VA site it says it is illegal to charge for these services, when is it not illegal to charge? I don't want them taking advantage of my elderly mother whom is trying to get help to hire an nighttime nurse for my father, and help with his personal over the counter needs....she doesn't want me to ask them directly or make waves for fear they are ligit and then decide not to help her because there is tons of paperwork involved and it has to be prepared correctly or you have to start over, my mother is 79 and my father is 89, they also told her that when my father passes they can then transfer the A&A to her but only charge her 450.00 for that paperwork, I don't understand if the A&A program is trying to help elderly strapped for cash, how or why if it is legal that they would charge so high a fee for paperwork...any advice will be appreciated....my mother does not want me to say anything because she is desperate for the help but something does not feel right....thank u
It is a crying shame that vets do not receive the benefits they have earned with their blood and sweat but that is the VA. You have to pry it out of them so the reality is unless you are almost destitute you will never get VA A&A without a VA accredited attorney's help.
Federal Statute 38 USC 5901 and Regulation 38 CFR 14.626 and 14.629
Anyone offering assistance, consultation, or merely advice on a claim for benefits administered by VA must be directly accredited by the General Counsel of the VA
Website to check credentials
www.va.gov/ogc/apps/accreditation/index.asp
VA also recognizes some service organizations also listed on the same website
Lawyers accompanying the pension poacher will try to exact fees for unrequested services.
Pension poachers most often send the claimants VA forms to another state for a lawyers or accredited claims agents can work on it. A few problems are raised here, If the claimant or family members goes to the VA wed site, studies it (even comes with videos), does what is instructed, a fully developed claim can be adjudicated in 3 months
And it was all free, no exchange of money, fees, purchases, and no listening to an oxygen thief disguised as a sales- person or veteran advocate.
You did not use our firm. We do not charge outrageous fees such as you described.
CFEVR
How wrong you are! Before you make blanket statements, you should do a minimal amount of research to insure your statements are correct and do not reflect so poorly on your grasp of law and/or VA policy. While it is illegal in all instances to charge a fee for assisting in the preparation of a claim for VA benefits, the General Counsel of the VA issued an opinion letter in May, 2004 stating that it is certainly permissable for a VA-Accredited attorney to charge a fee for what VA terms a "pre-filing consultation." This is legal because it occures prior to an individual becoming a claimant under the definition found on 38 Code of Federal Regul;ations, Part 14. Secondly, you make a point that an individual does not require an attorney to file a claim for benefits. While this may be true, I remind you that eligibility for benefits is, in fact, a matter of law. I deal with County Veterans Service Officers and so called VA "volunteers" whose collective knowledge about pension benefits could be put in a thimble; often informing veterans they are ineligible for certain benefits when they most asseredly are! Also, VA only advises individuals who are denied benefits to appeal their decision. In most cases this appeal is based on unfairness or inequity and simply results in a reaffirmation of the denial. Generally, most denials are based on poorly prepared claims and lack of evidence. Lastly, again demonstarte a lack of knowledge by stating we are not a recognized veterans service organization. Again, very true. Please read 38 C.F.R. 14.629 and see that VA accredites three types of advisors for veterans: attorneys, claims agents and service officers recommended to the VA by service organizations. VA-accredited attorneys are just as legally authorized to represent veterans as one of the thirty plus recognized veterans service organizations and, in my opinion, offer a better service simple because they are able to give a client a better grasp of the applicable law and offer opinions that a service officer cannot do.
Finally, you may want to read up on the legal ter "liable." It's what you have blatently done in your responses and opens you up for all sorts of nasty legal action. You may want to review your erronous statements above and make suitable corrections and apologies.
Next you'll have me looking up phone numbers. . .
I found out something really interesting about VA disability claims, the decisions are not made by doctors, there is no one medical on the board. Not ever. So they do not even understand what they are reading. Whether we receive disability or not is based solely upon OUR OWN doctors and their writing skill, their ability to create understanding of our situation. You need good doctors who write extraordinary notes and/or ones that will write to the board specifically.
I went and checked their website, it's not a Veteran's Service Organization, it's a Law Office. All they can do is tell you that you are or are not qualified, and for which benefits. I suppose of course, all of that will be based on paperwork that you will be required to bring in, or acquire from the government for them?
I have to say that I feel it's ridiculous for anyone to PAY hard earned money for a service that can be handled by Service Offices at Any of the Veteran's Service Organizations Recognized by VA for Claim Processing, FOR FREE. (see my list in another post above)
Not only that, Service Officers at Veteran's Service Organizations Recognized by VA for Claim Processing can do something that this fee collecting law office cannot. Service Officers *CAN* HELP YOU FILL OUT THE CORRECT FORMS AND PAPERWORK.
MY two cents of course.
Please please contact the police and one of the Veteran Service Organizations below immediately and see if they can help you get your money back. You many not have known that it was illegal, but the scam artist certainly knows that it is and he needs to be stopped now before he harms others!
Do you happen to live in a town or city with a VA administrative or medical center? There will be several VSO's there and you can make an appointment or possibly walk in. If not, check your phone book for one of the VSOs below You can call the VFW Hall in town, Veteran's of Foreign Wars. Everyone has one of those; right? Or maybe an American Legion Hall. Maybe one of them will have a Service Officer around sometimes.
Here is a list of those that the VA allows to help you fill out forms for claims.
I found it at this government website on page 14 of 108 pages. http://www1.va.gov/vso/VSO-Directory_2012-2013.pdf
LIST OF RECOGNIZED ORGANIZATIONS
By virtue of authority contained in title 38, United States Code, the organizations listed below have been
granted recognition in the presentation of claims under the statutes administered by VA. This listing is not
intended to reflect on the quality of services rendered by other
Veterans service organizations:
Service Organizations Recognized by VA for Claim Processing:
African American PTSD Association (Not congressionally chartered)
American Ex-Prisoners of War, Inc.
American GI Forum of the United States
The American Legion
American Red Cross
AMVETS
Army and Navy Union, U.S.A., Inc.
Blinded Veterans Association
Catholic War Veterans of the U.S.A., Inc.
Disabled American Veterans
Fleet Reserve Association
Gold Star Wives of America, Inc.
Italian American War Veterans of the United States, Inc
Jewish War Veterans of the U.S.A.
Legion of Valor of the United States of America, Inc.
Marine Corps League
Military Officers Association of America (MOAA)
Military Order of the Purple Heart of the U.S.A., Inc.
National Amputation Foundation, Inc.
National Association for Black Veterans, Inc.
National Association of County Veterans Service Officers, Inc.
National Veterans Legal Services Program
National Veterans Organization of America, (NVOA)
(Not congressionally chartered)
Navy Mutual Aid Association
Non Commissioned Officers Association of the U.S.A
Paralyzed Veterans of America
Polish Legion of American Veterans, U.S.A.
Swords to Plowshares, Veterans Rights Organization
The Retired Enlisted Association
United Spinal Association, Inc. (Not congressionally chartered)
Veterans Assistance Foundation, Inc. (Not congressionally chartered)
Veterans of Foreign Wars of the United States
Veterans of the Vietnam War, Inc. & The Veterans Coalition
(Not congressionally chartered)
Veterans of World War I of the U.S.A., Inc.
Vietnam Veterans of America
Wounded Warrior Project
Any time a person company offers to help you fill out government paperwork for any kind of fee, RUN IN THE OTHER DIRECTION AS FAST AS YOU CAN!!! Remember that you would be giving them sensitive information including your social security number. Never do this!
Second, we attended a seminar at a retirement home where folks were advised to transfer their funds to an irrevocable trust to conceal them from the VA in order to qualify for the aid and attendance benefit. While this may be legal we do not feel this is honest. The presenters also said that many VA workers were ignorant of the benefit and inept at helping folks fill out the paperwork. Smelling a fraud, we did sign up for this and further checking showed that many of these companies will subsequently try to sell annuities that are inappropriate for seniors and carry high sales commissions.
Third, we applied for aid and attendance benefits for our mother directly with the VA and found the VA extremely knowledgeable and helpful. The notion that the VA is unaware of the aid and attendance benefit or is somehow hard to deal with is incorrect and part of a high pressure sales tactic.
I know the paperwork for Federal agencies can be a nightmare, but it's nearly always better to research legitimate ways to find help. As noted above, you could contact a local Assisted Living facility if one uses a company and ask who they use. The key is that YOU (or your mom) establish contact first.
I'm hoping this is not a scam. She may get help, but it may or may not be done correctly. I just seems a bit fishy - sorry to say.
Take care,
Carol
I was not aware that it is considered "illegal" for a private company to help with the paperwork then be compensated....why would it be? Anyway, since your parents have gone ahead with it, it looks like you will have to wait and see.
My Mom's ALF works with a company who files for their residents and the ALF picks up the tab. They have been great to work with and were very efficient about getting things done in a timely manner. Because I had a referral from the director of the ALF I felt confident with them. It would have been a nightmare for me to file on my own. I could probably manage the paperwork but these companies know more about the fine details and what the VA is looking for. Even if you have to pay a fee, the end result is worth it...the benefit is over $1,000./month...well worth the investment.
The only thing that troubles me about your post is the additional $450. to transfer the A&A. I would inquire about that. It is their benefit and not that of the company who prepared the paperwork.
The time to ask questions if before you hire someone...I hope this works out for your family and they get the A&A.
good luck