DEPARTMENT OF VETERANS AFFAIRS VAROIC PHILADELPHIA 5000 WISSAHICKON AVE PO BOX 8079 PHILADELPHIA PA 19101

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1 DEPARTMENT OF VETERANS AFFAIRS VAROIC PHILADELPHIA 5000 WISSAHICKON AVE PO BOX 8079 PHILADELPHIA PA j~' ",.~ r- 'r\l)\) ;~ V L ''''008 III Reply ReferTO~ Dear We wrote to you on April 3, 2007, e):plaining we had received infonnation from the Social Security Administration concerning your monthly checks. This infonnation showed you had been getting more money from the Social Security Administration than we thought. We asked you to send us a letter from the Social Security Administration showing the amount you have been receiving since May I, We haven't received that infod11ation. What We Have Done Your pension depends on the amount of your Social Security check. Because we haven't heard from you, we're assuming the infonnation that the Social Security Administration gave us was right. We've changed your pension based on these rates. Monthly Payment Start Reason For Change Entitlement Date Amount $ May 1, 2003 Counted unreported Social Security income Dec 1,2003 Cost ofliving adjustment Feb 1,2004 Jonathan began receiving Social Security income r-' Oct 1,2004 Change in your ~,ocial Security 1I1come Dec 1,2004 Cost of living adjustment Jul 1,2005 Jonathan stopped receiving Social Security Dec 1,2005 Cost of living adjustment Apr I, 2006 Change in Social Security May 1, 2006 Change in Social Security Dec 1, 2006 Cost of living adjustment Dec 1, 2007 Cost of living adjustment Nov 28,2009 Jonathan removed from award,! ~

2 2 What Income and Allowance Expenses Did We Use? We counted the income shown below to figure your pension from May 1, For Yourself: $0 income $8,688 from $0 income $0 income from eamings, Social Security, from retirement, and from other sources. F $0 income $0 from $0 income $0 income We counted the income shown below to figure your pension from December 1,2003. For YeUfSelf: $0 income $8,880 from $0 income $0 income F $0 income $0 from $0 income $0 income We counted the income shown below to figure your pension from February 1, For Yourself: $0 income $8,880 from $0 income $0 income F $0 income $3,372 from $0 income $0 income We counted the income sllown below to figure your pension from October 1, For Yourself: $0 income $8,875 from $0 income $0 income F $0 income $3,372 from $0 income $0 income LiD

3 ,, J We counted the income shown below to figure your pension from December 1, For Yourself: $0 income $9,108 from $0 income $0 income F $0 income $3,468 from $0 income $0 income from eamings, Social Security, fralil retirelnent, and from other sources. We counted the income shown below to figure your pension from July 1, For Yourself: $0 income $9,108 from $0 income SO income Fo. $0 income $0 from $0 income $0 income We counted the income shown below to figure your pension from December 1, For Yourself: $0 income $9,492 from $0 income $0 income.<;".. ~ $0 income $0 from $0 income $0 income from earnings, Social Security, from retirement, and from otber sources. We counted the income shown below to figure your pension from April 1, For Yourself: $0 income $9,486 from $0 income $0 income F $0 income $0 from $0 income $0 income ; We COWl ted the income shown below to figure your pension from May I, For Yourself: $0 income $9,492 from $0 income $0 income F $0 income $0 from $0 income $0 income froln earnings, Social Security, from retirement, and from other sources. L-H

4 4 We counted the income shown below to figure your pension from December 1, For Yourself: $0 income $9,804 from $0 income $0 income F $0 incume $0 from $0 income $0 income We counted the income shown below to figure your pension from December 1, For Yourself: $0 income $10,020 from $0 income $0 income from earnings, Social Security, fi'om retirement, and from other sources. F $0 income $0 from $0 income $0 income We counted the income shown below to figure your pension from November 28, For Yourself: $0 income $10,020 from $0 income $0 income Your 2006 Medical Expenses We could not consider your 2006 medical expenses because you did not exceed the 5% deductible. A veteran with one dependent in 2006 must have paid more than $ for medical expenses, which is 5% of the maximum annual pension limit of$13,855. You only submitted $ in medical expenses. veteran with one dependent in 2006 must have paid mor~ than $ for medical expenses, which is 5% of the maximum annual pension limit of $13,855. You only submitted $ in medical expenses. What You Owe We have created an overpayment in your accciunt because the infom1ation we received showed that we paid you too much. You will receive a separate letter, which will explain how niuch we overpaid you, and how you can repay this debt. 48-

5 5 Basic Procedural Rights. New Evidence You may submit additional evidence to strengthen your claim. It is in your interest to send us any new evidence as promptly as possible. We will carefully consider it and let you know whether it changes our decision. Personal Hearing If you desire a personal hearing to present evidence or argument on any point of importance in your claim, notify this office and we will arrange a time and place for the hearing. You may bring witnesses if you desire and their testimony will be entered in the record. V A will furnish the hearing room and provide hearing officials. V A calu10t pay any other expenses of the hearing since a personal hearing is held only on your request. Representation You may be represented, without charge, by an accredited representative of a veterans organization or other service organization recognized by the Secretary of Veterans Affairs. You may also be represented by an attorney, for exan1ple, an attorney in private practice or a legal aid attorney. However, under 38 U.S.C. 5904(c), an agent or attorney may only charge you for services performed on or after the date of a final decision by the Board of Veterans Appeals. If you desire representation, let us know and we will send you the necessary forms. If you have already designated a representative, no further action is required on your part. Appeal You may appeal our decision to the Board of Veterans Appeals at any time within one year from the date of this letter if you believe the decision is not in accord with the law and the facts now of record. You can start the appeal process by filing a Notice of Disagreement. You may do this by writing a letter to this office stating that you wish to appeal. If more than one benefit is involved, you should identify the benefit or benefits you are appealing. If you decide to appeal, we will advise you further as to your procedural rights as your claim progresses through the several stages of the appeal process. 43

6 6 Do You Have Questions Or Need Assistance? If you have any questions, you may contact us by telephone, , or letter. If you Telephone Use the Intemet Write Here is what to do. Call us at If you use a Tele.conul1unications Device for the Deaf (TDD), the number is Send electronic inquiries through the Intemet at Put your full name and V A file number on the letter. Please send all correspondence to the address at the top of this letter. In all cases, be sure to refer to your V A file numbell If you are looking for general information about benefits and eligibility, you should visit our website at or search the Frequently Asked Questions (FAQs) at We sent a copy of tills letter to your representative, a private power of attomey, whom you can also contact if you have questions or need assistance. Sincerely yours, Sincerely yours, Littie1(, ~ Lillie Y. Jackson Veterans Service Center Manager To us visithttps:lliris.va.gov cc: private POA 4L\

7 Ii,> " '. ~ ~ SEPTEMBER DEPARTMENT OF VETERANS AFFAIRS Debt Management Center Bishop Henry Whipple Federal Building P.O. Box St. Paul. MN File Number: Payee Number: Person Entitled: Deduction Code: 30 Address: dmc.ops@vagov "The Departmentl9f Veterans Affa~rs recently sent you a letter explaining that your entitlement to Compensa t i on aii'd Pens i on benefits had changed. As a result. you were paid $ more than you were entitled to receive. Since you are currently receiving VA benefits. we plan to withhold those benefits until the amount you were overpaid is recouped. The withholding is scbeduled to begin on December WHAT ARE YOUR RIGHTS? You have the right to dispute the debt and the right to request waiver. If you request waiver, you also have the right to request an oral hearing. Information regarding tbese options is on the enclosed document entitled, Notice of Rigbts and Obligations. Read it carefully. WHAT ARE YOUR OPTIONS? You can pay the debt in full within the next 30 days. Payment instructions are on the back of this letter. If you cannot afford to have your entire check withheld. contact us immediately. We will work with you to establish a reasonable payment schedule. WHERE DO YOU CALL IF YOU HAVE QUESTIONS? You can contact this office by calling toll-free, Our office hours are 7:30 AM to 4:00 PM Central Standard Time. Your call may be monitored to ensure quality information. FOR PROPER CREDIT TO YOUR ACCOUNT, PLEASE DETACH AND RETURN WITH YOUR PAYMENT PA YMENT REMITTANCE n n * F ILE NO. PAYEe NO. PERSON ENTITLED DEDUCT ION CODE ENTER YOUR CURRENT ADDRESS BELOW ONLY IF THE ONE ABOVE IS INCORRECT. PLEASE INCLUDE YOUR ZIP CODE. Lt<

8 NOTICE OF RIGHTS AND OBLIGATIONS COLLECTION BY OFFSET: VA must collect debts owed the Government under VA programs. We will collect by withholding current or future V A benefits and insurance dividends or we may refer the debt to the Department of the Treasury for offset of most other Federal payments. V A conducts periodic computer matching to identify debtors who are Federal employees, military members or retirees, to obtain addresses of debtors from Federal tax returns and to alert Government-backed mortgage lenders of delinquent debts. Debtors' Federal pay and retirement benefits are subject to offset. Benefit checks not cashed within one year may be cancelled and applied to offset delinquent debts. VA will not reissue those checks. RIGHT TO DISPUTE THE EXISTENCE OR AMOUNT OF THE DEBT: If you believe you do not owe the debt, or you feel the amount is incorrect, you have the right to dispute. To do so, you must explain, in writing, why you question the validity of the debt or the amount. If yom henefits are scheduled for offset you must write us within the next 30 days to avoid that action. If your dispute is received timely, we will suspend the offset action until we confirm that the debt is valid and the amount is correct. If the delay required to resolve your dispute prevents us from collecting the full amount of the debt from your benefits, collection action will not be suspended. If we determine that the debt and the amount are correct, you still have the right to appeal our decision to the Board of Veterans Appeals. RIGHT TO REQUEST WAIVER OF THE DEBT: Under certain circumstances, we can grant a request to waive part or all of the debt. This means that you will not be required to pay the amount waived. Your request for waiver must be submitted in writing. You should explain any responsibility you had in causing the debt or why you believe you are not responsible. If you feel there are circumstances that show collection of the debt would be inequitable to you, or collection of the debt will cause you undue hardship, explain it in your request. To substantiate your financial hardship, you must complete the enclosed VA Form 5655, Financial Status Report, and submit it with your waiver request. You have 180 days from the date of this letter to submit your request. A V A service representative at your nearest V A regional office can assist you in preparing your waiver request and supporting documentation. NOTE: Waiver of an Education benefit overpayment will not restore the program entitlement you used by receiving the benefits that caused the debt. Only payment of the debt, in full, can restore entitlement. EFFECT OF WAIVER REQUEST ON WITHHOLDING OF BENEFITS: If we notified you that we plan to withhold your benefits, we must receive your request for waiver within 30 days of the date of our notice, to prevent the withholding. If your request is not received timely, the scheduled offset will occur and continue while your waiver request is being considered. If a waiver is granted, any amounts withheld will be refunded. ORAL HEARING ON WAIVER REQUEST: You may request an oral hearing to present evidence or argue any point in connection with your waiver request. If you want a hearing, you should request it when you submit your request for waiver. This will allow us to schedule the hearing before we make a decision on your waiver request. If you request a hearing, we will notify you of the date, time and place where the hearing will be held. You may bring witnesses, and all testimony will be entered into the record. We will furnish a hearing room, provide hearing officials, and prepare a written transcript of the proceeding. We cannot bear any other expense for the hearing. REPRESENTATION: An accredited representative of a veterans ' organization or other service organization recognized by the Secretary of Veterans Affairs may represent you, without charge. You may employ an attorney to assist you, for example, an attorney in private practice or a legal aid attorney. The services of an attorney representing you in adjugicative proceedings before V A are subject to a fee limitation as set forth in 38 U.S.C If you desire representation and have not already designated a representative, let us know and we will send you the necessary forms. If an attorney or accredited agent represents you before VA, a copy -of any agreement between you and the attorney or accredited agent about the payment of the attorney's or agent's fees must be filed at the following address: Counsel to the Chairman (01C3), Board of Veterans Appeals, 810 Vermont Avenue 'NW, Washington, DC 20420, VA'ORM 0748 FE B lo