Modesto Widows Say They Owe VA Thousands After Moving Into Retirement Community
MODESTO (CBS13) — Two widows of veterans are out thousands of dollars after moving into a Modesto retirement community.
The seniors claim their residential complex encouraged them to get Veterans Assistance benefits, but now the VA says the women received that money in error.
Fay Fernandez and her daughter thought they struck gold walking into Standiford Place in Modesto. Not only was it a pretty retirement apartment, but they say the manager offered to help them get a break on rent.
"When we first walked in, that was one of the options they gave us right away," Debera Fathke said.
The option was to get Fernandez's late husband's veterans benefits called aid and assistance benefits. Fernandez and another Standiford Place resident who doesn't want to be identified says the manager even offered to help get their benefits.
"It would expedite my benefits if I got their attorney that they referred for $700," she said.
The women say they paid $700 to an attorney in Tennessee to prepare their VA benefits paperwork. But four years after collecting veterans benefits, Fernandez was cut off and got a bill from the VA.
"And I had to pay it back. Should I say the amount? $47,718 dollars that I have to pay back and I do not have that kind of money," Fernandez said.
The VA says Fernandez was never eligible for benefits for the facility, because Standiford Place is an independent living facility. The money is only available for assisted living or in-home caretaking.
"She was never told when she got the benefits that she couldn't use it to pay rent. And you can't use the benefits for rent," said Joyce Gandelman, executive director Senior Law Project.
Fernandez is trying to get the reimbursement waived.
"They could take my Social Security. If they take my Social Security, If they take it, I have my retirements. I cannot live on that," she said.
The seniors came forward to warn others and avoid their expensive mistake. They advise seniors to check with local veterans offices before applying for benefits.
Holiday Retirement, which runs Standiford Place in Modesto told CBS13 it's investigating the case.
A spokesman confirms Holiday Retirement does not have a VA benefits program.