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Disability Payments After Death


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28 replies to this topic

#1 123trp

 
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Posted 25 March 2009 - 07:58 AM

After the service compensated disabled vet dies, does the spouse get the monthly compensation or does it end?

#2 Berta

 
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Posted 25 March 2009 - 08:10 AM

It ends.

The spouse is entitled to the last month of compensation due the veteran

Spouses must file VA form 21-534 to re-open for any accrued benefits on any claims the vet had pending in their lifetime as well as for DIC (Dependency and Indemnity COmpensation for themselves and any children under 18)
They have to continue the pending claim of the veteran for accured benefits-with evidence- as well as prove service connected death for the DIC.Accrued claim is a re-open by th suvivor of a pending SC claim.

Accrued benefits are only payable if the 21-534 was filed within one year after the veteran's death.

I get 1154 a month as DIC -the VA web site has the rates for additional dependent payments.

#3 123trp

 
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Posted 25 March 2009 - 08:13 AM

Thank you.

#4 red

 
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Posted 28 March 2009 - 09:19 AM

It ends.

The spouse is entitled to the last month of compensation due the veteran

Spouses must file VA form 21-534 to re-open for any accrued benefits on any claims the vet had pending in their lifetime as well as for DIC (Dependency and Indemnity COmpensation for themselves and any children under 18)
They have to continue the pending claim of the veteran for accured benefits-with evidence- as well as prove service connected death for the DIC.Accrued claim is a re-open by th suvivor of a pending SC claim.

Accrued benefits are only payable if the 21-534 was filed within one year after the veteran's death.

I get 1154 a month as DIC -the VA web site has the rates for additional dependent payments.


Berta, if the veteran is p&t for 10 years and dies, doesn't his spouse receive his disablity check and all the benefits?

#5 Berta

 
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Posted 28 March 2009 - 09:43 AM

Berta, if the veteran is p&t for 10 years and dies, doesn't his spouse receive his disablity check and all the benefits?


No-the spouse upon application via a 21-534 would be eligible in most cases for DIC if the vet was 100% SC P & T for ten continuous years prior to death.

That status would also mostly likely continue the spouse's CHAMPVA and Chapter 35 benefits.I get this as a widow due to my husband's SC 100% P & T status
at time of his death (a posthumous award).

DIC is a different benefit. The deceased vet's disability check is gone when they die.The widow or widower is eligible for their last comp check-but must make claim to DIC in their own right and in their own name.(21-534 form)The DIC rate is about half of what the 100% comp rate is, with a little more added for dependents.

These are answers in General-there is a lot more to DIC-we are planning on doing a SVR radio show devoted entirely to DIC.

DIC is not reduced by any other income.

#6 red

 
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Posted 28 March 2009 - 09:58 AM

Berta, not to sound dumb, what is the difference between dic and t&P. I am service connected t&p, i will have the rating including two years of tdiu at the end of this june. Will my wife receive my full check or just a portion and will she receive champva. Sorry to bother you, just want to make sure she is taken care of , she is incapacitated with strokes. Thanks.

#7 sharon

 
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Posted 28 March 2009 - 10:06 AM

Berta, not to sound dumb, what is the difference between dic and t&P. I am service connected t&p, i will have the rating including two years of tdiu at the end of this june. Will my wife receive my full check or just a portion and will she receive champva. Sorry to bother you, just want to make sure she is taken care of , she is incapacitated with strokes. Thanks.



You can file for A&A compensation for your wife. Send in the medical information that she is incapacitated. You can use a VA form 21-4138 or just sent them a letter.

#8 ausgmblr

 
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Posted 28 March 2009 - 10:41 AM

Their is a widowers Pension if the surviving spuse has been married 10 years amount I believe is on the comp & pension table, & can be accessed from this site.
Sorry ubout your loss.
Ausgmblr

#9 red

 
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Posted 28 March 2009 - 11:16 AM

Would the widow receive the full amount of the service connected t&p benefit after 10 years or just a portion.

#10 red

 
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Posted 28 March 2009 - 11:45 AM

Another tough question. If you are 100% t&p at the time of your death, does the va check on your assets that you leave to your widow before they award the va benefits to your widow. These are difficult questions I know. If you leave her with large assets, will she still receive the check, and the champva benefits. If not, she would go thru the assets that were left in a big hurry. Thanks for any input that is given.

#11 Pete53

 
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Posted 28 March 2009 - 12:25 PM

Red:

If you service connected disability is a cuase of death the spouse will get DIC. Example Veteran has diabetes and dies of heart failure and Doc says Diabetes complications the spouse would get DIC.

Otherwise the Veteran has to live 10 years with 100% and than the spose gets it. I personally feel that th 10 year period is very unfair.

You and your wife are in my prayers and I am glad that you are posting. If she already has ChampVA I think she leeps it.

#12 red

 
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Posted 28 March 2009 - 12:56 PM

Thanks Pete, also, thanks for the prayers. You are always so thoughtful.

#13 Berta

 
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Posted 29 March 2009 - 06:21 AM

Would the widow receive the full amount of the service connected t&p benefit after 10 years or just a portion.


A widow doesnt receive any of the vet's compensation at all.

If the widow is eligible she receives DIC.

DIC is not income based.

The widow's wartime death pension however is reduced dollar for dollar by income.

#14 Philip Rogers

 
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Posted 29 March 2009 - 07:50 AM

Thanks, Berta, you saved me posting that info! Just so folks don't get confused, DIC and wartime death pension are two different benefits. Currently DIC pays a minimum of $1154 and if the vet was receiving or was qualified for 100% in the 8yrs prior to their death and the spouse was married to them that immediate 8yrs prior, there is an additional $246. I believe the rates are different, depending on paygrade attained in service. Also, if surviving spouse
is eligible for A&A, there's an additional $286 and if eligible for housebound an additional $135.

pr



A widow doesnt receive any of the vet's compensation at all.

If the widow is eligible she receives DIC.

DIC is not income based.

The widow's wartime death pension however is reduced dollar for dollar by income.



#15 knifestuff

 
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Posted 01 April 2009 - 07:51 AM

Philip: The rates for DIC are dependent upon the grade of the disabled Service Member only if the Service Member had passed away prior to Jan 1, 1993; for deaths on or after 1 Jan 1993 the DIC rates are just as you cited.

#16 Berta

 
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Posted 01 April 2009 - 10:02 AM

Thanks- you are right- there is- as I mentioned here before-a lot to the DIC regs.

Service reps dont usually even keep up with the regs as they change.

DIC rates are different too depending on grade as you said- as to Warrant Officer and Officer Pay grades.

Officer grade DIC spouses can also get 271 ( probably higher with the 2008 COLA for A and A as well as additional 128 for HB ( VBM NVLSP 2008 Edition page 568)

Additional dependency for children is a staged amount.With additional for any child declared "helpess" undr VA's specific Helpless child definition.

Lots to DIC.

#17 Philip Rogers

 
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Posted 01 April 2009 - 01:52 PM

Thanks, knifestuff, I'd forgotten about that!

pr

Philip: The rates for DIC are dependent upon the grade of the disabled Service Member only if the Service Member had passed away prior to Jan 1, 1993; for deaths on or after 1 Jan 1993 the DIC rates are just as you cited.


Edited by Philip Rogers, 02 April 2009 - 01:19 PM.


#18 red

 
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Posted 02 April 2009 - 08:14 AM

Berta and Phillip,

You are speaking of a person who retired in the military, right? Please give me what a widow,of a person who dies, is 100% p&t disabled for 10 years, did not retire from the military, would receive at his death? Thanks for any info that will set me straight on this. I like until the end of June having 10years.

#19 Berta

 
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Posted 02 April 2009 - 08:44 AM

She will receive $ 1154 per month as DIC benefit with a little extra added for any children under 18- all at the VA Rate schedule-VA web site.

If she is 60 or older she would be eligible for widow's SSA survivor's death benefit as well.

#20 red

 
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Posted 02 April 2009 - 06:51 PM

Thanks Berta, she is 69, incapacitated with a stroke. That is why I am so worried and so interested. Gotta take care of her. She took great care of me for years. I was told not to try and get aa because it opens my case up which is dangerous.

#21 halos2

 
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Posted 03 April 2009 - 05:54 AM

Or if she is younger than 60 but is deemed to be totally disabled she could draw off of her deceased husband SS. Also another situation would be if she has children 16 yr and younger she could receive for her to take care of the child/children and also receive SS for the children too.( SS pays till kids are 19 now)

She will receive $ 1154 per month as DIC benefit with a little extra added for any children under 18- all at the VA Rate schedule-VA web site.

If she is 60 or older she would be eligible for widow's SSA survivor's death benefit as well.


Edited by halos2, 03 April 2009 - 05:56 AM.


#22 Berta

 
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Posted 03 April 2009 - 06:26 AM

"SS pays till kids are 19 now"

You mean they overruled the Omnibus Reconciliation ACT?????

Can you give us a link Halos? This is quite new info to me!

A survivor with children who lost SSA for their when they were between 16 and 18 under the Omnibus Reconciliation Act of 1982 I believe- whose spouse dies of direct service connected death is eligible for the REPS program-

my vet rep never heard of it- I hope others do- The REPS entitlement application is part of every 21-534 spplication and REPS (a program from SSA in conjunstion with VA) restroes the 2 year SSA to the parent that the Omnibus Act did away with.

#23 halos2

 
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Posted 03 April 2009 - 07:29 AM

I am writing regarding SS survivor benefits booklet SSA Publication No. 05-10084 which the SSA sent to me in Nov 08...page 4 " Your unmarried children who are under age 18(or up to age 19 if they are attending elementary school or secondary school full time) can also receive benefits."
Your children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances, benefits also can be paid to your stepchildren,grandchildren, or adopted children"...These are some of those who are listed who can get survivor benefits based on the persons work. Your parents too could receive benefits if they are 62 or older and you provided at least half of their support.
When a relative dies...page 7 Regarding the 16 yr old (which I made referrence to) a widow or widower any age with a child under age 16 receives 75% of the workers income...
I wrote of social security info only. You talking about Clinton's Omnibus Reconciliation Act of 1993?? The web is also listed as www.ssa.gov/pubs/10084.html dated jan 2009.

"SS pays till kids are 19 now"

You mean they overruled the Omnibus Reconciliation ACT?????

Can you give us a link Halos? This is quite new info to me!

A survivor with children who lost SSA for their when they were between 16 and 18 under the Omnibus Reconciliation Act of 1982 I believe- whose spouse dies of direct service connected death is eligible for the REPS program-

my vet rep never heard of it- I hope others do- The REPS entitlement application is part of every 21-534 spplication and REPS (a program from SSA in conjunstion with VA) restroes the 2 year SSA to the parent that the Omnibus Act did away with.


Edited by halos2, 03 April 2009 - 08:10 AM.


#24 Berta

 
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Posted 03 April 2009 - 07:42 AM

Thanks Halos- No President Reagan passed the Omnibus Act I refer to-

you said the key word "disabled" child and you are correct-

parents who receive SSA for none disabled chldren under SSA survivor benefits lose their monthly check for the child when the child attains age 16.

The SSA check for the child still comes to the parent but not the actual SSA benefit for spouse of deceased worker with child.

This lose of SSA is what the REPS program fulfills.

NVLSP makes a strong point in the VBM 2008 edition.

MANY spouses of deceased vets who died of SC causing or contributing to death-
and who had children (bio,adopted or step)under 18 at time of veteran's death can be eligible for the REPS benefit.

Even though my DIC app is 14 years old, I filled out the REPS then and with a proper decision of my pending claim- I will receive the REPS- 2 years of what SSA took away with the Reagan ORA as parent's benefit for child of deceased veteran.

Thanks-I must have missed that you meant "disabled" child.I would think if the child's disability continues beyond age 19 they could still receive SSA.
At least I hope any 100% disabled child would as they become adult.

#25 halos2

 
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Posted 03 April 2009 - 08:31 AM

See where I got my info? The SS booklet. I could not believe all of the additions made to the 1972 ed Omnibus Recon. Act over all these yrs, found issues with it in 2004 too. I was familiar with Clinton's as he screwed with the Medicare system reembursment system.
Not familiar with REPS system. Am greatful that you share your wealth of knowledge with all of us. What is REPS? Where is it found in the VBM, as I do have one.


Thanks Halos- No President Reagan passed the Omnibus Act I refer to-

you said the key word "disabled" child and you are correct-

parents who receive SSA for none disabled chldren under SSA survivor benefits lose their monthly check for the child when the child attains age 16.

The SSA check for the child still comes to the parent but not the actual SSA benefit for spouse of deceased worker with child.

This lose of SSA is what the REPS program fulfills.

NVLSP makes a strong point in the VBM 2008 edition.

MANY spouses of deceased vets who died of SC causing or contributing to death-
and who had children (bio,adopted or step)under 18 at time of veteran's death can be eligible for the REPS benefit.

Even though my DIC app is 14 years old, I filled out the REPS then and with a proper decision of my pending claim- I will receive the REPS- 2 years of what SSA took away with the Reagan ORA as parent's benefit for child of deceased veteran.

Thanks-I must have missed that you meant "disabled" child.I would think if the child's disability continues beyond age 19 they could still receive SSA.
At least I hope any 100% disabled child would as they become adult.



#26 Berta

 
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Posted 03 April 2009 - 09:53 AM

It is on pages 518,519, and 520 of the VBM 2008 Edition.

There are some earned income restrictions and there is a potential offset if the survivor is eligible for both REPS and SSA.

I sure need to check out SSA benefits myself- as they have changed over the years.

Halos my former rep never heard of REPS and some other dope service officer told me even with direct SC death award I was not eligible.

This shows how little is known about this program.

Many many years ago I knew from my church - a widow of US Navy vet whose son was about to turn 16 when the veteran suddenly died.
She herself was under 60 and therefore-no SSA survivor benefits for her or for the son as soon as he reached the 16th birthday.
The SSA used to continue as long as the child was in school including college.

This was so unfortunate and last I heard (I moved from the state she was in) she was trying to get DIC.

Talk about getting screwed- she had been a full time housewife with limited work skills.
He had certainly worked all his life and had years of Navy service and yet SSA could not provide for his family. (Reagan's idea to drop these benefits to widows, widowers and children-whether veterans or not)

#27 Philip Rogers

 
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Posted 04 April 2009 - 09:17 AM

Red - here are the rates from the VA's website:

Basic Monthly Rate = $1154 (38 U.S.C. 1311(a)(1))

Additional Allowances:
a. Add $246 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))

b. Add the following allowance for each dependent child under age 18: *
Effective 12/1/08 $286 per child (38 U.S.C. 1311(:lol:)

c. If the surviving spouse is entitled to A&A, add $286. (38 U.S.C. 1311©)
d. If the surviving spouse is entitled to Housebound, add $135 (38 U.S.C. 1311(d))
*DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(:lol: will be the additional allowance received for each child.

Berta and Phillip,

You are speaking of a person who retired in the military, right? Please give me what a widow,of a person who dies, is 100% p&t disabled for 10 years, did not retire from the military, would receive at his death? Thanks for any info that will set me straight on this. I like until the end of June having 10years.



#28 Pete53

 
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Posted 05 April 2009 - 05:29 AM

Nice Post PR.

#29 etihwr

 
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Posted 25 April 2009 - 07:59 PM

If the widow is eligible for a pension, she must disclose your assets. If she is applying for DIC, then no.

Another tough question. If you are 100% t&p at the time of your death, does the va check on your assets that you leave to your widow before they award the va benefits to your widow. These are difficult questions I know. If you leave her with large assets, will she still receive the check, and the champva benefits. If not, she would go thru the assets that were left in a big hurry. Thanks for any input that is given.