Dependent SSI being confused for VA compensation; what to do?

2015-01-30T18:42:23-05:00

I am a retiree with 20 years of service and a 70% service connected VA disability rating. My adult step-son is 27 years old and 100% disabled from birth. My step-son receives monthly SSI and I am his representative payee and legal guardian. I do receive a boost in VA compensation because he is a dependent. I am still working and my step-son is my dependent and my wife and I provide way over half of his financial support and medical care out of our own pocket.

In December 2013 I received a letter from Social Security claiming that my step-son was receiving VA compensation. This is false because he never served in the military and never made a VA claim for compensation. I did a Request for Reconsideration immediately including a request for discovery and received my USPS return receipt that it was signed for. Social Security ignored my son's legal right for Reconsideration in a Formal Conference and gave no response. Two month's later they sent me another saying they finalized cuts to my son's benefits. I again sent a Request for Reconsideration using the Formal Conference method. Again Social Security signed for the request and ignored my son's legal right that was written on their own letter.

Now they have sent me a demand that I come in for a meeting on February 9 to talk about cutting his benefits again and they are asking for proof on his VA Compensation paid to him which does not exist. Also, did I mention attorneys suck and I probably won't find one willing to attend the meeting for hourly pay because they want me to sign away up to $6,000 of his benefits to help.

I talked to a friend in a similar situation who is 100% disabled and also has a disabled dependent son on SSI and he has had none of these problems with Social Security whatsoever. His son has not had his benefits reduced because his father is a disabled Veteran receiving service connected compensation at the with dependents rate. I am active in civil rights groups and I am beginning to suspect retribution from the administration similar to the IRS scandal. Has anyone else experienced this?

Response by Capt Daniel Goodman made Oct 10 at 2019 10:37 PM

2019-10-10T22:37:19-04:00

http://www.vetadvocates.org

I send this group in all thentime, as have others, our consult was $500, the best money we ever spent, honest, I realize get group and law school vet law clinics are good, however, I'd justified you might not have known about them, honest....

Home

Response by Capt Daniel Goodman made Oct 10 at 2019 10:39 PM

2019-10-10T22:39:23-04:00

http://www.hklaw.com

This group has a VA pro bono unit that just got us VA survivor benefits for my 97-y/o mother in law, the attorney we're assigned to said I could suggest them, I just sent them in as a separate thread on here, call their Chicago office,.and ask about the VA pro bono group with them, I can't tell what they'd say, of course, though maybe they might be able to help, possibly, OK?

www.hklaw.com

Response by SFC Joanna Rydzewski made Dec 5 at 2019 1:05 AM

2019-12-05T01:05:50-05:00

I have a handicapped special needs son who gets Medicaid. He gets SSA off my spouse who is his adopted dad. I'm the retired military soldier. I'm an advocate for disabled children and adults in state of fl. My son is on a program with Medicaid, total care, brain function at 2 yrs old andvis 35 yrs old. You need to request a hearing or speak to a service officer from VFW, DAV, PAV, AMERICAN LEGION. ...anyone can help you. This is not right what your being put thru. I had signed over my records to VFW rep and each year we go thru this because I am son's rep. You are aware the federal law for SSA has program to keep your funds from being shorted in VA to your child's SSI, Medicaid.
You want more info I can talk on messenger on FB. Joanna Hayston Rydzewski. or [login to see]

Love to help. Been there and understand what your up against.