Author: AG

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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.

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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!