Taken from the AVAPP Newsletter V 22 2/27/2018

With the increase in Social Security payments, several of our clients and yours as well received a letter from the Department of Veterans Affairs proposing to reduce their VA benefits. Below, you will see how we resolved this issue:

Statement in Support of Claim (Form 21-4138)

I am writing in response to your letter dated December 1, 2017. In your letter, you propose to reduce my pension payments from $1176 to $1140 a month. I have attached an updated Social Security statement. I am aware that my Social Security went up; however, my Medicare Part B went up to $134 a month. This should keep my pension at the full amount of $1176 a month.

Please update my pension as soon as possible to avoid delay.

 

Our evidence came from the Social Security Benefits Inquiry.

Current Social Security Benefits

Beginning December 2017, the full monthly SS benefit before deductions is $1860.30.

We deducted $134 for medical insurance  premiums each month.

The regular monthly Social Security payment is $1726 (We must round down to the nearest dollar.)

Past Social Security Benefits

From December 2016 to November 2017 the full monthly Social Security benefits before deductions was $1823.90.

We deducted $110 for medical insurance  premiums each month.

The regular monthly Social Security payment was $1713 (We must round down to the nearest dollar.)

If you do the math, you will discover that VA wanted to decrease the monthly benefit by $36 and Medicare insurance premiums rose $24 a month; therefore, technically, they could not decrease the VA pension more than $12 per month. Legally, you can bump up the Caregiver’s Agreement by that amount to cover the $12.

Problem solved!

Note: Remember that your responsibility ends with the original award. This kind of updating should incur a reasonable, but extra charge.