Papachu’s Checks
So I need someone to break down the legality of this…is it legal to use a parents disability check when they do not even live with them and is currently somewhere else? Since it’s his, and he is suppose to receive those benefits. Wouldn’t it be illegal for tophia and the rest to use? I’m not fully aware of legal laws portraying checks used for assistance. So if anyone could clarify that would be great. :)
Archived Comments
-
-
He’s in jail and can’t receive va pay while incarcerated. They are collecting his checks illegally at this point regardless of she’s his dependent or not. He’s been in jail since Nov last year I believe
-
"
# Apportionment to Spouse or Children
All or part of the compensation not paid to an incarcerated Veteran may be apportioned to the Veteran's spouse, child or children, and dependent parents on the basis of individual need. "
-
Yes if they go to the va and let them know their living situation. Which I highly doubt they have done or put in the paperwork for. If the VA even knows Donald is in jail at that. So again any portion they received and wasn’t allowed to have during his time in will have to be paid back. One thing the Govt will do is collect what is owed to them. Also these are important points to read as well VA will inform a Veteran whose benefits are subject to reduction of the right of the Veteran's dependents to an apportionment while the Veteran is incarcerated, and the conditions under which payments to the Veteran may be resumed upon release from incarceration.
VA will also notify the dependents of their right to an apportionment if the VA is aware of their existence and can obtain their addresses.
No apportionment may be made to or on behalf of any person who is incarcerated in a Federal, State, or local penal institution for conviction of a felony.
An apportionment of an incarcerated Veteran's VA benefits is not granted automatically to the Veteran's dependents. The dependent(s) must file a claim for an apportionment-
What-ifs about whether or not they know he's in jail and whether or not Marie communicates with the VA is not something I'm interested in because none of us know. But if Marie has applied for state disability multiple times, I'd assumed she also knows how to contact the VA.
All I'm saying is that 1: Donald can still receive payments while in jail and 2: Marie is allowed access to said payments.
#
-
-
-
-
-
They could have contacted the va to get a place when Donald got out but instead kept him in the streets while they used his va disability check to pay for a roof over their heads. I honestly hope the va takes that check from them. Let left him with nothing and in a vulnerable situation on the streets with his mental health the way it is.
It’s VA disability, not SSI. And yes, Marie is considered his “dependent” so it is legal for her to have access to and use it.
Being former military, they’re very big on spousal support. And I’ve seen people get demoted for adultery or not using their entitlement to take care of their spouse or children.
VA is a bit different but there’s legit no way for that money to stop unless he passed or they thought he was faking his disability.