DFAS dragging their feet in Non-Complaince of INCAP / VA disability benefits policy...

FloridaInjuredInCombat

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It was longstanding DOD and Army policy to deduct (offset) an VA Disability benefits from INCAP pay. But they were WRONG all along...

VA Disability benefits are NOT "Earned Income", which EXHEMPTS them from being deducted (offset) from INCAP pay. This was stated in both the VA's and Army's legal counsel findings at least back to 2009, but the Army being the Army they ignored the legal findings and continued to take the VA Disability pay from INCAP pay.

Then in 2016, the Department of Defense, issued DODI 1241.01 (DOD Instruction) stating that such offset is no longer DOD policy... DFAS promptly IGNORED the DODI and continued to take the pay.

Then in 2017, the Secretary of the Army issued Army Directive 2017-17, stating that such offset is no longer Army policy... DFAS promptly IGNORED the Army Directive and continued to take the pay.

I appealed twice to DFAS, once in 2016, again in 2017, both times DFAS sent a form letter DENIAL, stating "We don't care, DFAS is bigger than you :-P" [I'm paraphrasing]

So early in 2018, I contacted my State's Pay and Finance office, who AGREED with me, that DFAS needs to pay me back the $16,000 and change they WRONGFULLY offset (stole). My State sent up the claim (back in mid-February) and so far... DFAS is promptly NOT responding (IGNORING at this point, the DODI, Army Directive AND the State Pay and Finance Office's directions to pay back what they wrongfully took).

So... the 3 year anniversary of my Medical Retirement is later this month, and since DFAS is not responding to inquires (aka. IGNORING me), I WILL file an ABCMR complaint before my 3 year deadline passes.

My question to Jason Perry and ALL...

If the ABCMR somehow ignores the DODI, and Army Directive, and decides to let DFAS keep the 16K they stole, is it feasible to file a CLASS ACTION LAWSUIT with the Court of Federal Claims on behalf of ALL the RC Soldiers DFAS has and continues to WRONGFULLY take from?

In my military mind, DFAS needs a fire started under their butts, and NOTHING motives a bureaucrat more than having a CLASS ACTION LAWSUIT levied against them, with the LIKELY outcome of forcing them to pay back THOUSANDS of Soldiers and Retirees they wrongfully took from.

Nemo Me Impune Lacessit
 
I sent a FOIA request to find out how many retirees they are stealing money from with return receipt requested I have to give them 60 days then send another one and wait another 60 days if the fail to respond I will file a lawsuit seeking injunctive relief. Your congressman can intervene on your behalf and the director of operations has to respond so that is an option for you.

Make you read the statue law that defines what you are saying don't waste your time reading those DOD or DOA instructions that means nothing in court, the court will only interpret what they think congress meant by the law originally.

I can tell you now that DFAS treats all pay as earned income or disposable earnings when that is absolutely not the case, someone needs to give them a copy of Black's Law dictionary.
 
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