After your claim is approved by the VA, you will receive a letter. The letter gives a lot of information. It will tell you why you met all the requirements for receiving VA benefits and instructs on the timing of payments. If you submitted a direct deposit form with your VA benefits application, your first check could arrive in a matter of weeks. This case relates to applicants who have the mental capacity to manage their VA benefits. For successful applicants who do not have the capacity to manage their VA benefits as determined by the VA, they will have to wait for a lump sum retroactive benefit. The VA, in connection with the application for improved pension with aid and attendance, will require medical evidence supporting the request for benefits.
If there is anything that would indicate to the caseworker that the applicant suffers from any cognitive decline in the medical evidence, then the VA may require the applicant to have a fiduciary appointed to receive and manage the funds. The fiduciary can be a family member, and it usually is the primary caregiver. The fiduciary process is very similar to the Social Security Representative Payee Process where a special account must be created for VA benefits. The person who is appointed by the VA as fiduciary must account to the VA for the VA funds. The reason for this process is that the VA does not want to pay a recurring monthly payment to someone who is mentally unable. The VA wants to ensure that the benefit will provide quality care and life for veterans who have a need for assistance with activities of daily living and limited funds.
The trigger for a fiduciary appointment usually includes medication for psychiatric issues such as anxiety and depression. Dementia and substance abuse are other reasons that the VA could require a fiduciary appointment. The fiduciary process usually takes an additional 6 to 18 months to complete, and the lump sum can then be released to the fiduciary. It is advisable to push through the fiduciary process quickly as the inability to have a fiduciary appointed to receive the retroactive funds may jeopardize the benefit if the applicant passes away.
For more information on Receiving Funds After Approval Of A Claim, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.
Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
