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Do survivor SSDI benefits affect DIC?


magicgirl1022

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Hi all.  My name is Megan.  My husband was medically retired from the Navy and rated  100% service connected with the VA.  He passed at 36 years old few weeks back due to his illness he was service connected for.  He was also on ssdi when he passed and our kids and I were receiving dependant benefits.  I was also in the caregiver program with the VA as he was housebound due to seizures after his brain injury.  My main question is will our ssdi survivor benefits affect the total amount that is payed by the DIC?  I have many other questions but am still I'm the very early stages of dealing with his passing amd would greatly appreciate any tips or nudges in the right direction of making sure I understand all benefits available to myself and our 2 children.  Thank you in advance.

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  • HadIt.com Elder

Sorry to hear of your husband Passing....I salute your husband and thank him for his  sacrifice to his/our country... God Bless

This link may or may not help you, you can  also contact IRIS for questions about DIC And your eligibility. 

http://www.va.gov/survivors/faqs.asp#FAQ6

Ms berta wil be on in the morning or later on today  she can help you with these Questions.

...................Buck

 

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Megan

   The critieria follows for DIC.  No, there are no income restrictions on DIC, so it should not affect your social security, but you should check with social security to see if the benefit you receive from them is needs based or based on income, and if the DIC is affected.  

    In general, tho, VA benefits do not count against social security,  That is, you can collect VA comp disability and social security disability at the same time.  

Eligibility (Surviving Spouse)

To qualify for DIC, a surviving spouse must meet the requirements below.

The surviving spouse was:

  • Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR
  • Validly married the Veteran before January 1, 1957, OR
  • Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran's death began or was aggravated, OR
  • Was married to the Veteran for at least one year, OR
  • Had a child with the Veteran, AND
  • Cohabited with the Veteran continuously until the Veteran's death or, if separated, was not at fault for the separation, AND
  • Is not currently remarried

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

Eligibility (Surviving Child)

  • Not included on the surviving spouse's DIC, AND
  • Unmarried, AND
  • Under age 18, or between the ages of 18 and 23 and attending school.

Note: A child adopted out of the Veteran’s family may be eligible for DIC if all other eligibility criteria are met.

Evidence Required

Listed below are the evidence requirements for this benefit:

  • The Servicemember died while on active duty, active duty for training, or inactive duty training, OR
  • The Veteran died from an injury or disease deemed to be related to military service, OR
  • The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
    • For at least 10 years immediately before death, OR
    • Since the Veteran's release from active duty and for at least five years immediately preceding death, OR
    • For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999

How to Apply

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