Allegations
Who can sign a Misuse Allegation Memorandum?
The Fiduciary Hub Manager (FHM) or designee no lower than a coach
II.3.A.1.f. Misuse Allegation
True or False
Misuse investigations can only be assigned to the FE who appointed the fiduciary under investigation.
FALSE
II.3.A.1.g. Misuse Investigation
True or False
Hub personnel must complete a misuse determination on every misuse allegation for which an investigation was conducted.
TRUE
II.3.A.1.h. Misuse Determination
OIG's decision not to investigate a misuse case (does/does not) affect VA administrative actions otherwise applicable.
OIG's decision not to investigate a misuse case DOES NOT affect VA administrative actions otherwise applicable.
II.3.B.2.h. Negative Responses From OIG
What is the number provided by the RO Finance Activity for the misuse debt called?
BD Number
SSN
Case Number
BD Number
II.3.C.1.b. Fiduciary Misuse
True or False
The Misuse protocol for a supervised direct pay beneficiary is the same as that required for all other beneficiaries.
TRUE
II.3.A.2.b. Misuse Allegation From SDP Beneficiary
A misuse investigation must be __________, ________, and __________ in order to ensure a conclusive determination of misuse.
thorough, objective, and impartial
II.3.A.3.b. Purpose and Intent of the Investigation
What is the amount of time the fiduciary has to submit a request for reconsideration?
30 Days
II.3.A.6.b. Control of a Misuse Reconsideration Request
If the allegation relates to multiple beneficiaries served by the same fiduciary _______________. (Complete the sentence)
a. a separate referral will be made for each allegation
b. a group referral will be made in one allegation
a. a separate referral will be made for each allegation
II.3.B.2.b. Referral of Allegations
The Legal Instruments Examiner (LIE) completes the Request to Create a Debt for Collection memorandum.
II.3.C.1.f. Process for Debt Collection
A Misuse Allegation Memorandum must be completed for each allegation the hub receives when the hub determines an investigation is (warranted/not warranted).
NOT warranted
II.3.A.2.h. Actions to Take on Allegations
Hub personnel conducting the investigation must review the documentation contained in the eFolder and systems such as, but not limited to __________.
*Name two (2) systems that may be used.
VBMS
LCM
Compensation and Pension Record Interchange (CAPRI)
Share
II.3.A.3.f. Reviewing the eFolder and VA Systems
True or False
Upon completion of the misuse investigation, hub personnel must update the INVESTIGATION COMPLETE field on the misuse record with the date the investigation report is uploaded to the eFolder.
TRUE
II.3.A.3.q. Handling the Investigative Report and Completion of the Misuse Investigation
Contacting the surety bond company to obtain directions for filing a claim for payment of the surety bond is step ___ of surety bond collection?
Step 2
II.3.B.3.c. Procedures for Collection of a Surety Bond
When is a Justification for Revision of Misuse Debt Memo needed?
a. Any time a debt is created
b. When additional evidence is received which indicates a change in the misuse amount is warranted
b. When additional evidence is received which indicates a change in the misuse amount is warranted
II.3.C.2.c. Control of the Misuse Debt Revisions
If an allegation is received concerning a fiduciary that serves multiple beneficiaries, the fiduciary hub must do what with all fiduciary records pertaining to the fiduciary?
MERGE all fiduciary records pertaining to the fiduciary
II.3.A.2.e. Requirements for Establishing the Misuse Process
What form must the FE use to prepare and submit the misuse investigation report?
VA Form 21-3537b
II.3.A.3.n. Misuse Investigation Report Format
What type of evidence is required for a reconsideration?
New and pertinent evidence
II.3.A.6.d. New and Pertinent Evidence
Under ________, VA must make a good faith effort to recoup benefits in all cases of misuse.
38 U.S.C. 6106(c)
38 U.S.C. 6106(d)
38 U.S.C. 6107(d)
38 U.S.C. 6107(e)
38 U.S.C. 6107(d)
II.3.C.1.a. Background on Debt Collection
How long does the Hub have to prepare a justification for revision of misuse debt memo?
30 Days
II.3.C.2.c. Control of the Misuse Debt Revisions
Name three elements required on the allegation memorandum under identifying information for the fiduciary?
Name
Social Security number or tax identification number
Category (individual or entity)
If the fiduciary is court appointed, and
Greatest number of beneficiaries served by the fiduciary during the suspected period of misuse
II.3.A.2.n. Required Elements of a Misuse Allegation Memorandum
Name five (5) of the required elements of a misuse investigation report.
Date, Identifying Information, Hub Name, Restatement of the Issue, List of Individuals Interviewed, Evidence Reviewed, Facts Found, Conclusion, Recommendation, Signature
II.3.A.3.o. Required Elements in the Misuse Investigation Report
A misuse determination serves to __________ upon which the determination is made.
a. summarize the case and circumstances
b. summarize the facts and circumstances
c. summarize the reality and circumstances
d. summarize the incidents and circumstances
b. summarize the facts and circumstances
II.3.A.4.a. Purpose of the Misuse Determination
True of False
The hub must refer all misuse cases requiring the establishment and collection of misuse debt within 14 business days of the referral to OIG.
FALSE
The hub must refer all misuse cases requiring the establishment and collection of misuse debt IMMEDIATELY UPON of the referral to OIG.
II.3.C.1.d. Timeliness of Referrals to the RO Finance Activity for Establishment and Collection of Misuse Debt
Name three (3) of the fiduciary appealable decisions.
Appointment of a fiduciary
Removal of a fiduciary
Misuse determinations
Misuse reconsideration decisions
Negligence determinations
III.1.A.1.a. Authority to Appeal Fiduciary Decisions