Month: April 2013

Posted on

VA Backlog Report as of April 20, 2013

The Monday Morning Working Report is now posted for April 20, 2013, and I must say the numbers are still declining. Overall, there are 886,345 claims pending for compensation and pension entitlements. Of that, 613,469 have been pending over 125 days. That’s 69.2% for those who like percentages. This is down slightly from last week, which you may recall was down slightly from the week before.

What will be of great interest to those veterans with appeals pending is that 412 appeals were cleared from the books last week. The number of appeals pending is now down to 247,792.

Based on the last few weeks, it does seem that the number of claims pending both under and over the 125 day mark, are slowly decreasing. What do you think about this? Is the VA doing enough to clear the backlog quickly? Or will it take too long to process most claims in under 125 days? Let us know what you think! Comment below, or join the conversation on Twitter. Follow @AttorneyAlissa, and use #EndtheVAbacklog.

Check out this week’s report at http://www.vba.va.gov/REPORTS/mmwr/index.asp

Check out my analysis of last week’s report below.

Related articles
Posted on

What happens if I don’t tell the whole truth to the Bankruptcy Court?

Many people wonder why their bankruptcy attorney has to ask so many personal detail questions. The short answer is because the law requires that you disclose all of your assets (which means everything you own), all of your debts (everyone you owe), all of your income (whatever the source), and all of your expenses (what you spend your money on). And no, “I don’t know” is not an ok answer to any of these questions.

So what if you don’t tell the court everything? What’s the worst that can happen? A slap on the hand? Not so fast. You could face a hefty fine, or time in a federal prison, or both. That’s after the FBI investigates you and asks even MORE personal detail questions.

Still not convinced that they actually prosecute people for not telling the Bankruptcy Court the truth, the whole truth, and nothing but the truth? Take a look at this FBI press release to see what a doctor in Georgia did not tell the Court, and what he’s facing now. http://www.fbi.gov/atlanta/press-releases/2013/macon-doctor-indicted-for-bankruptcy-fraud

Posted on

Current wait times for VA claims in Nashville, TN district

If you have a VA claim pending, you are already well aware of the waiting game to hear back from the VA. If you are in the Nashville, TN district, be happy because your wait is actually shorter, on average, than some of the other areas of the country. According to the Center for Investigative Reporting, the Nashville office has approximately 11,915 Veterans waiting for their claims to be approved. Of that, 5,619 have been waiting more than 125 days, and 697 have been waiting over one year. The average wait time is 178 days. Compare that to other cities that have average wait times of 510 days (Philadeliphia) or 642 days (New York).

What is the wait in your area? Check out this interactive map to find out: http://cironline.org/reports/map-where-veterans-backlog-worst-3792

Posted on

VA Backlog report for April 13, 2013

The VA’s Monday Morning Working Report for April 13, 2013 indicates that overall pending claims were slightly down from last week — from 889,981 claims to 887,330 claims. The number pending over 125 days is down 0.3% to 69.4%. One of the interesting tidbits of this report is that the number of pending appeals dropped from 248,241 to 248,204. Congratulations to the 37 people whose appeals are no longer pending!

Take a moment, however, to compare the April 13, 2013 report to the January 5, 2013 report for a slightly better look at the bigger picture. The January 5, 2013 report states that 904,770 claims were pending, with 69.6% pending over 125 days. With 887,330 claims currently pending, there is a slight shift downward in the number of total claims pending. As for pending appeals, in January there were 252,644, compared to 248,204 as of April 13, 2013. That’s 4,440 appeals that were cleared in the first quarter of 2013. At that rate, close to 18,000 pending appeals might be cleared by the end of 2013.

You can find the full VA Monday Morgning Working Report at http://www.vba.va.gov/REPORTS/mmwr/index.asp.

You can read more from Alissa on the VA backlog at VA Matters

Follow Alissa on Twitter @AttorneyAlissa

For more information on how Alissa can help you with your VA Claim, visit Teel & Maroney, PLC

Posted on

VA April 8, 2013 Monday Morning working report

As of April 8, 2013, the Monday Morning Work Report indicates that there were 889,981 claims for both compensation and pension pending, with 670,111 pending over 125 days. That’s 69.7% pending over 125 days. The number of claims pending just for compensation were the bulk of that — 807,818. Of those, 574,799 were pending over 125 days. That’s 71.2% pending over 125 days. Those Veterans with appeals pending numbered 248,241 as of April 6, 2013.

The VA’s goal is to get claims in and out in under 125 days with 98% accuracy by 2015. Do you think that’s doable? You can join the discussion here, or on Twitter with #EndTheVABacklog.

Posted on

What forms of ID are acceptable?

The trustees will only accept certain forms of proof of your identity.  You must provide both a photo ID and proof of your social security number.  See the lists below for acceptable forms of identification.  Ask your attorney if you have any questions.   

Acceptable forms of photo ID include:

  1. Valid state drivers license
  2. Government issued identification with a photo
  3. State picture ID (ex. “ID only card”)
  4. U.S. Passport
  5. Military ID with photo
  6. Resident Alien card with photo
  7. Student ID with photo

Acceptable forms of social security number proof:

  1. Original social security card
  2. Social Security Administration report with full number
  3. W2 form
  4. Payroll stub with full number
  5. Medical insurance card with full number
  6. IRS form 1099
  7. Voters registration card with full number
Posted on

How can I find out who I owe?

If you do not keep your bills as they arrive, you can get one credit report for free every 12 months. Go to www.annualcreditreport.com. There, you will need to enter some personal information and answer some questions to get your report. Remember, you can only get one free one every 12 months. Sometimes you will receive a message that says they cannot provide your report on the website, but you can get it by mail. Do not despair! Simply print out the form, fill it out, and mail it in with the required proof of identity, and your report will soon come in the mail. Just that simple. Not everything will be on your report, and each of the three reports may be a little different, but together you should get a good idea of everyone you owe.
Still have questions? Ask an attorney! Remember, only an attorney can give you legal advice!

Posted on

Is your claim part of the VA backlog?

Have you been denied benefits by the U.S. Department of Veterans Affairs? Are you still waiting just to get a decision on your VA claim? If so, you are not alone. In 2012, over 4 million claims were processed by VA. The national average is around 273 days for VA to complete a claim. In larger cities, however, the time can be substantially longer. According to the VA’s Monday Morning Working Report for March 23, 2013, there were 903,286 total claims pending for compensation and pension entitlements. Of those, 633,589 have been pending over 125 days. That’s 70.1% pending over 125 days. There were also 249,031 claims that were pending in the appeals process.

The VA recently announced an initiative to decrease the claims backlog by processing claims within their goal of 125 days with 98 percent accuracy, by 2015. The VA is also moving from paper based to paperless claims to try to achieve this goal. Veterans can now file their initial applications online using eBenefits. This process allows the veteran to submit their claim and supporting documents electronically, check the status of their claim, and retrieve copies of their own electronic records.

The key to a successful claim, according to local Veterans Service Officers, is knowing what to send and when to send it. I had the opportunity to sit down with two local VSO’s in Jackson, Alex Jones and Larry Simmons, to get their view of the VA claims process. Alex is a veteran of the Marines and has been helping other veterans for a few years and is responsible for most of West Tennessee as part of the Tennessee Department of Veterans Affairs. His clients are mostly widows seeking their widows benefits. Larry is an Army veteran and has been assisting clients for several years. He recently took on the role of Madison County VA representative, representing clients from Madison County specifically. Both of them suggest that you keep copies of all of your service and medical records, document everything while you are in active duty, ensure that your records are complete when you discharge, and if you are married to a veteran, you should know where your spouse’s records are kept. In order to prove your case, you must have records to substantiate your claims. Your local VSO office is a great place to get your claim started, or they can help guide you through the eBenefits process. Larry Simmons can be reached at 660-5221 ext. 3825, and Alex Jones can be reached at 421-5026.

Many claims are denied for any number of reasons. Denials may be for reasons as simple as failure to submit the documents necessary to prove your claim. Once you are denied, however, you have a limited period of time within which you can appeal your decision. This is the point in the process that the assistance of an attorney may prove beneficial. An attorney must be accredited by the VA to represent you in front of the VA. Hiring an accredited attorney will ensure that you have someone on your side fighting for the compensation you deserve. Your attorney can help you decide if you should have a hearing on your appeal, and can represent you at the hearing. An attorney can help you understand the complicated and often confusing process of appealing your claim decision. One of our attorneys, Alissa Gay, is accredited by the VA to handle your appeal. Alissa will be happy to meet with you if you have had a claim denied and help guide you through the appeals process. Remember, you only have a limited time within which to appeal your claim once you are denied. Contact Alissa for more information at 424-3315 or alissagay@tennesseefirm.com.

Posted on

What happens at my Meeting of Creditors?

 As with everything else, what happens at your meeting of creditors, or 341 as we call it, depends greatly on where your case is filed.  In the Western District of Tennessee, Eastern Division, you will find it to be a relatively calm process.  The meetings are currently held in the Ed Jones Federal Building in Jackson, near the IRS office.  You will have to go through security upon entering the building, so leave your mace and pocket knives in the car.  Do, however, be sure to bring BOTH your photo ID and your social security card. If you fail to bring either of those, the trustee will NOT hold your meeting, and you will have to come back in four weeks (with your ID and social security card).  There are no exceptions to this.  

     Once you enter the room where your meeting will be held, you will sit in a large room with our other clients until it is near your turn. You will be called, a few people at a time, to a slightly smaller room to again wait until it is your turn.  This procedure allows you to watch other meetings before it is your turn, which will help alleviate some of your stress.   In this smaller room is a desk at which you, your attorney, and your case trustee sit.  The judge is not present, but it is considered a court proceeding, with the meeting recorded and you are testifying under oath.  The Trustee will ask you a series of questions that you will answer, generally with a “yes” or “no” response.  Remember that it is being recorded so you must speak up and speak clearly to be recorded.  If you do not understand a question that the Trustee asks, you may ask the Trustee to repeat or clarify the question.  The Trustee may also ask you to repeat or clarify your answer if they do not hear or understand your answer.  The Trustees generally are not asking you trick questions, but will ask things like:
  • Do you live at the same address as when you filed your case?
  • Do you have any land in your name? If so, what is the current value, how much do you owe on it, and when did you buy it and how much did you pay for it?
  • Do you have any automobiles (cars, trucks, etc.) in your name? If so, what are the values and amounts owed on them?
  • If you have medical bills, are they due to accident or injury? 
  • Do you have any lawsuits that you are currently involved in or expect to be involved in?
  • Do you owe a domestic support obligation (do you have to pay child support or alimony)? If so, what is the name and address of the person you pay? Are you up to date since your case was filed?
  • How many children live with you that you have legal custody of?
     After the trustee’s questions, the trustee will ask if any creditors have any questions. If any creditors have any questions, they can ask those questions.  Generally, though, few creditors really appear and ask questions.  Most of the time the creditor’s attorney has already contacted your attorney with whatever questions they may have. If they do ask questions, though, remember to speak clearly, and only answer the question you are asked.  Neither the trustee nor the creditor’s attorney wants to know the back story behind your answer, they just want the answer. 
 
     While this may sound like a long process, once it is your turn, it generally is no more than two or three minutes.  You really will spend most of your time waiting for your turn.  I generally advise my clients to allow two hours for the meeting to ensure you have plenty of time to get back to work.   
 
     If you have any questions about what happened at your meeting, wait until your meeting is over to ask your attorney.  Remember that the entire proceeding is being recorded, and you do not want any attorney-client privileged information being recorded.
 
     Some final tips for preparing for your meeting of creditors:
  • Do not forget your photo ID and your social security card
  • Do not wear a hat
  • Wear appropriate clothing, and bring a jacket if you tend to be cold. 
  • Turn your cell phone off or to vibrate. 
  • Do not answer your cell phone while at the meeting. 
  • Do not bring small children if you can find childcare.  
  • If you are sick, call your attorney the afternoon before your meeting to see if your meeting can be continued.  Sometimes it can’t, and if you do not come, your case likely will be dismissed. 
  • If you receive the notice of your meeting date and know that you will be out of town for some reason, go ahead and call your attorneys office to discuss what options are available to you. 
  • Try to arrive ten to fifteen minutes prior to your start time to allow you enough time to get through security and get to the correct room.
  • Don’t forget to complete your debtor education class. You can’t get a discharge without it!