16 replies to this topic

[tempys]

Can one of you experts out in Internet land advise me whether I will have to repay all my VA Pension (NSD) Benefits back that I have recieved from the VA since 2005, if I have just won my Social Security that was filed in 2001 and they backpay me to then?

[Pete53]

A really good question but maybe not at least I have never seen anyone post here that they had to do that.

[carlie]

tempys,
I will send a shout out to someone on this.
carlie

[Philip Rogers]

I don't think so but if you are receiving NSC pension, currently, you should notify the VA that your are now receiving SSDI and the amount of your current monthly SSDI deposit/check. I didn't have to pay mine back but they later recovered the NSC pension, anyway, when I won 100% SC, retro.

pr

Can one of you experts out in Internet land advise me whether I will have to repay all my VA Pension (NSD) Benefits back that I have recieved from the VA since 2005, if I have just won my Social Security that was filed in 2001 and they backpay me to then?

[tempys]

I don't think so but if you are receiving NSC pension, currently, you should notify the VA that your are now receiving SSDI and the amount of your current monthly SSDI deposit/check. I didn't have to pay mine back but they later recovered the NSC pension, anyway, when I won 100% SC, retro.

pr

[tempys]

Pete, I hope you are right....I know I have to let VA know when I get my SS Disability and I believe it will take some time for the approval to until the 1st check. If they notify me when that happens and what date it will start i will notify VA. The problem I was concerned with is that my SS Disability will be back paid from 2001 and I started recieving NSD from VA in 2005. I hope you are correct, it will be a good start for 2010, if I do not have to repay all the NSD to VA. Brian

[Testvet]

Pete, I hope you are right....I know I have to let VA know when I get my SS Disability and I believe it will take some time for the approval to until the 1st check. If they notify me when that happens and what date it will start i will notify VA. The problem I was concerned with is that my SS Disability will be back paid from 2001 and I started recieving NSD from VA in 2005. I hope you are correct, it will be a good start for 2010, if I do not have to repay all the NSD to VA. Brian

even if you have to pay it back that means you will have received more than they paid you and at least the VA kept you from starving to death while SSD was sticking it to you but then you may get lucky and get to keep both but I doubt it the govt does not like overpayments so be prepared to pay it back

[tempys]

I believe you are correct, I will soon find our

even if you have to pay it back that means you will have received more than they paid you and at least the VA kept you from starving to death while SSD was sticking it to you but then you may get lucky and get to keep both but I doubt it the govt does not like overpayments so be prepared to pay it back

[Berta]

That would be quite a lot of retro from SSA- more than I have ever seen before from them=

question-

Was the SSA award for any pending SC claim you have now?

Is it for the same disability the NSC is for?

Are you an incountry Vietnam vet who might potentially have an Agent Orange condition that the SSA is for?

If there is some way the condition you get SSA or the NSC for can be directly service connected-
then that would impact on anything the VA could recover.

Maybe-if an AO condition (that they awarded NSC for but should now be SC (Nehmer)
or if there is any type of pending claim for direct SC -that is same as the SSA award disability- as with proof of direct SC -then TDIU would kick in and that could impact on anything you have to pay back.

What disability is the SSA award for?

What is the NSC award for?

I assume at time of the NSC pension they denied service connection and direct SC comp.

That denial might be critical to all of this if you have a AO presumptive disability.

Does what I am talking about here make sense to anyone?

[tempys]

Thanx for your reply, I understand what questions you have asked to help me. However, some are a bit to personal. Thes NSC pension is being repaid retroactive back to 2001. I believe the last reply answered my question fully. I would still come out alright because I did not recieve VA NSC compensation untill 2005. Although Social SecurityTotal Disability could have started when applied for the other responses seem to indicate it does not seem the government would allow me to have both inasmuch as my VA Disability is not service connected.

It is possible that Agent Orange could have played a roll in my circumstances, I just have not pursued that avenue and do not wish to if all goes as it did.

[tempys]

Woops second sentence should say Social Security Disability repaid back to 2001, not NSC Disability.

[crimson0456]

If SSA is paying you retro monies back to a period your Va pension benefits covered, I believe you will be requested to pay back the pension monies, as your not permitted to be in receipt of both Va Pension & SSA disability. It's one or the other . That is why it is so important to let the VA know quickly that your award has been granted, and to stop your pension , immediately. Sometimes, it takes the VA months to acknowledge your notification to them, creating a further indebtedness. Make certain you keep records of your notice to them. I have a VA rep send it electronically.

[crimson0456]

are you saying that it took nine years for your award of SSDI ? and they gave you the award in 2010 retro back to 2001? if so, than whatever moneys you received from 2005 forward on your NSC pension will be recovered by the VA. This how I think it works, at least it was for me. It's considered an Overpayment.

[jerrbilly]

Since it's "RETRO" I don't think you have to pay that back. 99% sure on that. I know I didn't have to pay my SSI back when I got my VA retro so i'm pretty sure it works both ways. This could obviously put veterans in a bind financially.

Jerr

Can one of you experts out in Internet land advise me whether I will have to repay all my VA Pension (NSD) Benefits back that I have recieved from the VA since 2005, if I have just won my Social Security that was filed in 2001 and they backpay me to then?

Edited by jerrbilly, 25 January 2010 - 03:53 PM.

[crimson0456]

Pete, I hope you are right....I know I have to let VA know when I get my SS Disability and I believe it will take some time for the approval to until the 1st check. If they notify me when that happens and what date it will start i will notify VA. The problem I was concerned with is that my SS Disability will be back paid from 2001 and I started recieving NSD from VA in 2005. I hope you are correct, it will be a good start for 2010, if I do not have to repay all the NSD to VA. Brian

If you have already received an award letter, DON"T wait...........notify the VA immediately, even if you have not received your first check. The longer you wait to notify, to more you will need to payback to the VA. Your VA checks won't stop immediately, it sometimes takes them months to process your request.

Good luck.

[crimson0456]

Since it's "RETRO" I don't think you have to pay that back. 99% sure on that. I know I didn't have to pay my SSI back when I got my VA retro so i'm pretty sure it works both ways. This could obviously put veterans in a bind financially.

Jerr

The reason you didn't have to pay SSDI back when you got your VA SC retro is because you are permitted to collect both. But you cannot collect SSDI and VA Pension. It's one or the other..the greater of the two. More than likely your SSDI will usually be greater than the VA pension.

[crimson0456]

The reason you didn't have to pay SSDI back when you got your VA SC retro is because you are permitted to collect both. But you cannot collect SSDI and VA Pension. It's one or the other..the greater of the two. More than likely your SSDI will usually be greater than the VA pension.

Trust me, the VA is not going to let anyone walk away from repayment, unless you can prove a significant hardship case.