IA/SIA
A TYPE OF FIELD EXAM USED TO REPLACE AN EXISTING FIDUCIARY.
WHAT IS SIA?
I.2.A.2.b. Types of IA Field Examinations
What are annual written contact, biennial telephone contact, and biennial face-to-face contact?
FPM I.2.D.1.b Policy Regarding Beneficiary Oversight
Misuse must be distinguished from this.
What is improper use?
FPM II.3.A.1.d Misuse vs Improper Use
Hub personnel must advise fiduciaries to submit accountings by this method.
What is FAST?
FPM I.3.A.2.a VA-Appointed Fiduciaries
Fiduciaries are able to invest in these two types of investments.
What are U.S. savings bonds and Interest or dividend-paying accounts insured under Federal law?
FPM II.2.A.2.b. Determining Legality and Prudence of Investments
Type of IA that will not conduct a face-to-face interview or credit check of the proposed fiduciary when
the proposed fiduciary is the beneficiary’s
natural, adopted, or step parent and the beneficiary is under the age of majority, or
the beneficiary’s spouse, or
the annual amount of VA benefits the proposed fiduciary would manage for the beneficiary does not exceed the amount specified in 38 U.S.C. 5507(c)(2)(D), as adjusted by VA pursuant to 38 U.S.C. 5312.
What is EIA
I.2.C.7.a. Overview of EIAs
What is Written Contact Only?
FPM I.2.D.1.c Scheduling Annual Written Contact
This refers to any credible information received or identified when performing oversight, that indicates the fiduciary has not used the beneficiary's VA payment for the use and benefit of the beneficiary or beneficiary's dependents per 38 CFR 13.400.
What is a misuse allegation?
FPM II.3.A.1.f Misuse Allegation
The VA uses this to address specific issues regarding the fiduciary's management of VA benefits.
What is fund usage follow-up field examinations?
FPM I.2.D.4.a General Information on Fund Usage Follow-up Field Examinations
A type of account that manages multiple BENEs funds and only applies to Spouse FIDs, government entities, institutions when accounting is not required or financial institution with trust powers.
What is a pooled account?
FPM II.2.A.2.d. Pooled Accounts
A type of action that does not constitute a field exam report.
Any of the following:
merely visiting a home
dropping off VA information
completing eligibility verification reports
collecting routine documents
conducting an away-from-office general interview on benefits
taking a claim for benefits, or
delivering letters, subpoenas, or similar documents without gathering and documenting facts, or developing evidence
FPM I.2.A.1.d. Actions Which Do Not Constitute a Field Examination
Beneficiary's qualify for this when they are:
not socially isolated
able to respond to VA requests, and
oriented to person, place, events, and time as of the most recent VA contact.
What is Biennial Telephonic Oversight?
FPM I.2.D.5.c Qualifications for Telephonic Oversight
This contact method for a misuse investigation should only be used if simpler methods are not adequate.
What is face-to-face visits?
FPM II.3.A.3.b Purpose and Intent of the Investigation
Contact with these individuals is not required during fund usage field examinations unless needed to confirm fund usage information.
What are beneficiary and dependents?
FPM I.2.4.c Interview Logistics
The Uniform Veterans Guardianship Act is a type of court appointed guardianship that limits this during an IA/SIA.
What is court approved fee?
FPM I.2.A.2.a. IA Field Examinations
FPM I.3.C.4.b. Guardianship Fees for VA-Appointed Fiduciaries Who Are Also Court-Appointed
TCA 34-5-113. Compensation of guardians (TN state law)
Other than an EIA, a BENE will not be seen face to face during any of these situations.
Any of the following:
incarcerated, or
a patient in a hospital with restrictive entry rules, such a facility for criminally insane that requires warden approval, or
there is a documented safety concern as outlined in FPM, Part I, 2.B.1.b that has not been resolved.
FPM I.2.C.1.b. Contact With the Beneficiary
This is required after all steps to locate and contact the beneficiary have been exhausted and suspension of benefits completed.
What is a face-to-face field examination?
FPM I.2.D.5.e When the Beneficiary Cannot be Contacted Telephonically
38 USC 6107(b) requires VA to take action to terminate the fiduciary within this many days of the misuse allegation.
What is 60 days?
FPM II.3.A.3.c Timeliness of Actions During an Investigation
The FE may conduct this type of an examination to assist with the completion of accountings.
What is Unscheduled Field Examination>
FPM I.2.D.4.d Assistance in Completing an Accounting or Fund Usage Review
Authority to authorize fee may be delegated only to these.
What are supervisory personnel or FSRs?
FPM I.1.A.3.a. Responsibilities of the FHM
FEs are required to instruct prospective fiduciaries to complete these two training modules on the VA fiduciary website.
What are Fiduciary Basics (101) and Acceptable Expenses training modules?
FPM I.2.C.1.d. Contact With the Fiduciary
The field examiner uses this form to document an unscheduled exam, fund usage, or non-fiduciary program exam.
What is 21-3537b, Report of Field Examination?
FPM I.2.E.1.d How to Prepare Field Examination Reports
Hub personnel must exercise this in a misuse investigation to ensure protection of the beneficiary, understanding the investigation may be used in an appeal or legal proceeding.
What is due diligence?
FPM II.3.A.3.d Due Diligence in Misuse Investigations
When a fiduciary indicates that he/she requires assistance completing the accounting and the assistance cannot be accomplished over the phone, the hub must conduct this.
What is a Funds Usage Field Examination?
FPM I.3.E.1.c. When the Fiduciary Indicates Assistance Is Needed to Complete Accounting
38 CFR 13.230(b) requires that prior to the release of any retroactive, one-time, or other pending lump sum VA benefit payment exceeding $25,000, the hub must confirm that VA has evidence of surety bond payable to these.
What are Secretary of VA or the court of jurisdiction if a court ordered surety bond already exists?
FPM I.1.A.3.h. Releasing Withheld VA Benefits Exceeding $25,000