Senator Pushes for Expedited Reform of Controversial VA Fiduciary Program

By Sandra Basu

WASHINGTON — The VA has been under pressure by Congress to reform management of its policy of appointing fiduciaries to oversee care for veterans unable to do it themselves.

Now, a New York senator is demanding that the VA move forward more quickly on finalizing and implementing new regulations for the program, which has been criticized for not having adequate controls to prevent fraud and theft.

“While the VA has worked on a draft proposed rule-making to reform existing fiduciary policy, I understand that it has yet to be discharged to the Office of Management and Budget,” Sen. Charles Schumer (D-NY) wrote in a letter to VA Secretary Eric Shinseki. “I would urge VA and OMB to discharge this rulemaking and the VA to expeditiously finalize strong fiduciary regulations. It is imperative that final fiduciary regulation include robust reforms to protect the most vulnerable members of our veteran community.”

A VA spokesperson could not provide a timeline of when the new regulations would be released but told U.S. Medicine in a written statement that the department has received Schumer’s letter and “is preparing a formal response.”

“The Department of Veterans Affairs works diligently to protect veterans and has already made significant changes to the Fiduciary Program,” the spokesperson said.

$3.3 Billion in Funding

In 2012, VA reported it was overseeing approximately 95,000 fiduciaries who provide services to more than 121,000 beneficiaries, with cumulative VA funding exceeding $3.3 billion.

Fiduciaries are responsible for assuring that the funds are used to meet veterans’ daily needs, such as clothing, medical expenses and food. The scope of authority for fiduciaries is governed by VA rules that prohibit, for example, borrowing or loaning the money provided for care. Fiduciaries also must follow VA reporting requirements in keeping receipts and complete record and agree to notify the VA if a beneficiary’s condition improves to the point where they no longer need to be part of the program.

Reports from the U.S. Government Accountability Office (GAO), as well as beneficiary groups and lawmakers, have called for reforms to the fiduciary system.

Last June, a Hearst Newspapers investigation revealed that “gambling addicts, psychiatric cases and convicted criminals are among the thieves who have been handed control of disabled veterans’ finances” by the VA, according to their reports.

Noting that VA has removed 467 fiduciaries for misuse of funds in the past six years, the newspaper investigative report pointed out that “or decades, theft and fraud have plagued the fiduciary program, in which the VA appoints a family member or a stranger to manage money for veterans the government considers incapacitated. The magnitude and pace of those thefts has increased, despite VA promises of reform. Three of the largest scams — ranging from about $900,000 to $2 million — each persisted 10 years or more before being discovered.”

When asked about the media reports at a congressional hearing this summer, VA Director of Pension and Fiduciary Service David McLenachen defended efforts to reform the system and pointed out that the fiduciary misuse rate during FY 2011 was less than one-half of 1%.

“I disagree with the view that the fiduciary program is plagued with fraud,” he told a House Committee on Veterans’ Affairs subcommittee. “I am aware of those articles, and it is our position that any misuse of VA benefits is unacceptable, that is our prevention. We work hard to prevent that type of misuse. That is why we do 30,000 accounting audits every year and 70,000 or more field examinations every year.”

Fiduciary Reform

A VA spokesperson said in a written statement that the agency has taken steps to improve the program.

“Recognizing the need to protect the nation’s most vulnerable veterans who due to injury, disease or the infirmities of age are unable to manage their own financial affairs, the Secretary of Veterans Affairs authorized a reorganization within the Veterans Benefits Administration to create a new Pension and Fiduciary Service, which was fully staffed in January 2012,” according to that statement. “In this new Service, we are dedicated to working with our almost 700 field fiduciary personnel to improve VA’s fiduciary program, under which we monitor the well-being of this special group of beneficiaries and appoint and conduct oversight of fiduciaries who manage their VA benefits.”

For his part, Schumer said he would like to see changes made to the system as soon as possible. A written statement said his office has handled more than 100 cases in which VA beneficiaries experience “significant red tape” in the assignment of a VA fiduciary.

According to the senator’s office, “in an effort to manage an elderly parent’s affairs, sons and daughters have reported running into serious frustrations and roadblocks in being assigned as a fiduciary. Until a VA fiduciary is assigned, the beneficiary is technically expected to apply for benefits on their own.”

Schumer also pointed to an example in Syracuse, NY, of a woman who stole tens of thousands of dollars from two elderly and disabled veterans and another case in Buffalo in which a daughter stole thousands of dollars from her father.

“With more and more veterans returning home from Iraq and Afghanistan, there will only be more individuals in need of reliable financial protection, and the VA and then the OMB must finalize these new regulations and begin enactment immediately,” he added.

Comments (3)

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  1. George Foster says:

    I am an Iraq war veteran recently placed under the VA’s fiduciary program.

    Before January 2015, I received 100% homebound automatic bank deposit of $3,221.17 (after life insurance) a month. Now, under the VA’s fiduciary program, I have no money, food and none of my bills have yet to be paid. When I called the phone number in the paperwork to ask why, the fiduciary (who’ve I never spoke to before) said she resigned and the Indianapolis VA Fiduciary Hub was supposed to reassign one to me, but failed to. Upset, I called the hub and told them that I (not their fiduciary) had to use non-VA funds (SSDI benefit and a high interest cash advance) to pay my bills. The hub representative said since the fiduciary resigned, they have to reassign another fiduciary and it can take up to 45 days for the field examiner to set up another appointment with me and to assign a new fiduciary. After that, it will take an additional 2-3 weeks until the money is distributed. That means, despite receiving a $3,221.17 benefit, I will have no money for food, rent, travel, electric, oil heat, and other bills for two months. This also means two months of late fees and bad credit. Plus the VA appointed fiduciary automatically takes a fee of $130.15 out of my benefit.
    The fiduciary program preys on veterans who can’t defend themselves. We are already vulnerable.

    Don’t get me wrong, I am grateful for the VA’s financial benefit. I am strong, but suffer from depression, PTSD, anxiety and stress-related mental issues that affect every aspect of my life.

    Two days ago, I was so stressed over this, I chose to end my life.

    Somehow, I didn’t. I cry all the time over this. Sadly, I predict this to get worse. Watch for my obituary and remember what you are reading here.

  2. April B. says:

    The veteran who wrote on this subject is not alone. I know of a case where the veteran had cleaned up his act and is no longer gambling or heavily drinking. He’s gotten a new place to live and is being a responsible person. Yet the Fiduciary who supposedly did a houuse call only stayed for five minutes. She had a brand new car, dressed to the “9s” (per the veteran) and it seems she’s been living on the dough he’s supposedly been getting. He feels it is a rip off that he can’t manage his own finances even to buy groceries.

    This, among many other things should be audited and re-examined. The government is in too many of our veteran’s pockets and the ones who are benefitting from this are not the vets but the “special ones” who are hired at a high rate.

    In my opinion the entire VA should be dissolved and restarted but this time with accuracy and not with “if it makes sense the VA won’t do it” attitude.

  3. john davis says:

    MY first nine month’s of my VA benefits have never been accounted for. Even though I complained VA through B.C. Gibbard stonewalled my account for sixteen years and finally admitted that my first VA appointed fiduciary had indeed made no accounting from December and June. The VA stated they were going to do nothing to retrieve my missing benefits. Last year while out of state I had to have emergency repairs on my truck. My fiduciary’s secretary told me to pay the bill and they would reimburse me. I explained that I had some credit cards that would be deducted from my bank account the following week and would need to be replaced to keep from having excess service charges. As it was right before closing I was frantic 3500 miles from home and advised to pay and be reimbursed. Evidently the secretary immediately was turned off and my calls were not returned. I was given a couple of phone numbers that in case of emergency I could use. It took over one week to get in touch with my fiduciary and by the time I was reimbursed my bank account was in shambles and it was financially impossible to pay the rapidly esculating penalities. I spent Thanksgiving without a dime, same for Christmas, New years day, and Presidents Day. I am over drawn 479.00 and now my automatic deductions will not be paid. I have credit cards that I have not had a late payment in many years of use but now I fear loosing my home because my fiduciary choose to deliberately ruin me. Last summer I let him know that I was going to petition the courts for my rights back because I had to pay extra high interest and an reduction in some credit cards because my fiduciary had been late on my house payment. In florida I just found out that I will be a criminal if I can’t cover these automatic deductions. I would like to have my life back. Please find someone to help me for I can not go to jail over someone else’s misconduct.

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