I am unemployed because of being disabled, so my income comes from Social Security and Veteran's Disabili ties. A few years ago, I received a small inheritance, which I put in a Supplemental or Special needs Trust, put in trust with a non-profit organization. It's irrevocable and a pooled trust. This kind of trust, not many people know about, but the money cannot be considered an asset by me nor by a government agency, even though the Veteran's Administration DID consider it to be an asset and deducted some of the amount of the inheritance from the benefits they give me each month. They say they have their rules and they're following them, but they have ignored the FEDERAL CODE governing this kind of trust, which is U.S.C. & 1396p(d)(4)(C)...make sure to use the "C" at the end and not an "A". There's a difference betwwen the C and A. It's "C" that the Fed. Code uses in governing my kind of trust, Supplement or Special Trust fund. The Federal Code was created to protect any government agency from considering the money in this kind of trust as an asset for a disabled person, therefore the trust money could not affect any kind of government benefits. So the V.A. chose to follow their own "rule" rather the Federal Code, and in effect they have broken a Federal Law, which I'm sure they are not exempt from. I've jumped through hoops trying to convince them they've broken a Fed. law, but to no avail. My Congressman even tried, half heartedly, to intervene on my behalf, but the V.A. told him the same thing, and he chose not to pursue the matter any further. He dropped my case and me. I need help, and I can't afford to hire an attorney to get me through this mess, and losing the money they deducted really, really hurt me. What can I do to recoup the money they took from me?
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