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Who decides amounts of DIC?


kate7772

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I'm just wondering who decides on the amount of DIC?  Is it the Sec. of VA or some governing body?  Been doing a lot of thinking lately.  My husband is 100% P&T.  If he should die and it is due to his disability or he makes it to the 10 year mark, I will get approx. $1257.  It will be impossible for me to make it on that amount which scares me to death.  His disability goes back to 2011 officially but I am sure it was long before that.  Because of that fact, it was difficult to impossible for me to pursue my own career.  I was always watching him and sometimes even working for the same company so I would be able to help him and keep an eye on him and his PTSD symptoms.  At the time, we did not know what was causing his problems so did not file for disability.  Through a lot of investigation and others mentioning things to us, we finally understood what for so many years was not understandable to us.  I'm sure there are so many others that are dealing with these same issues.  Since I did not have my own career and his was sporadic through the years, we are grateful for the disability compensation that was finally awarded.  But, in the event of his death, the future is so scary.  I really feel widows and widowers should be entitled to continue to receive the full disability upon the veteran's death, especially older survivors.  So, who decides these issues.  Who would need to be lobbied?

Thanks,

Kate

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Kate:

   Its good that you thought ahead, now you have to DO something about this. (Losing your hubby's income when he passes and not be able to survive on DIC.) In short, you need fiancial planning.  I used to be a financial planner, now retired/disabled.  

   In short, you will/should need to act sooner as oppossed to later to set something aside for your retirement, assuming you will outlast your spouse.  I used an IRA, and since I'm over age 59 1/2, I can and do withdraw from it yearly.  

   The short answer to who determines the amount of DIC is congress.  YOu dont want to count on congress increasing your DIC.  Worse, you need to know that Berta had to fight VA for her DIC, probably for several years, and its likely you will have to also.  This means you should be prepared to go 2 years without DIC and have money to at least not be homeless.  

   Dont forget the 5 P's.  Proper Preperation Prevents Poor Performance.  Or, as one of my coworkers said it, "People who fail to plan, actually plan to fail".  Dont fail to plan, but get r done. 

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That is good advice Broncovet. I lost two disabled vet husbands. They both had life insurance.But I also worked, as well.

My initial 1151 DIC award took almost 3 years.

When I re opened for direct SC death, the AO DMII claim took 6 years and the AO IHD claim took only 2 years.

The AO DMII claim made me eligible for the REPS Benefit.

I just posted a link for widows/widowers who might be eligible for the REPs benefit.

The criteria is in the link.

Kate :100% P & T for PTSD would almost have to be a continuous ten year award, to obtain DIC.

I raised that issue in the only claim I had been denied for regarding my husband's death, the claim that also awarded 1151 death DIC.

If your husband has any other disabilities that could have a service origin or are on any presumptive lists, he needs to pursue those claims now.

It is almost impossible (yet has been done) for a widow to obtain DIC solely due to a standing PTSD award.

We had a widow here not long ago in that situation. The PTSD award was mere days old when he died but she proved with a very strong IMO, that he died due to his SC PTSD.

That is another thing to consider.

If your husband cannot make the 10 years mark ( I sure hope he does) you will need a Very strong and probably costly IMO to prove whatever caused his death should be service connected.

I spent 4 thousand for 2 IM0s for my AO DMII death claim.

I even spent an addition 1750 but that IMO place refunded half of it because I won the claim before the IMO got here.

A good life insurance policy would cover the expense of an IMO, if needed to prove SC death.

 

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  • HadIt.com Elder

I agree with broncovet too,  but for some planing ahead is hard to do when it takes all your income  to survive (hard to save) right now it takes all I get from my VA compensation and SSA to make ends meet.

After Paying all the monthly Bills , insurance policys dang nagging car payment ,we really don't have that many  Bills and some  things I use to be able to do myself  things like keeping the yard and maintenance on our swimming pool, general maintenance on the home  ect,,ect,, I can't do anymore.

We have to pay to have all these things done now. eh!

Maybe we should not have bought a home with so much upkeep in maintenance but we were younger back then & tired of renting and having nothing  and we  wanted the pool for our kids & grand kids/and they all have enjoyed it over the years ,but as we get older we go down hill (so-to-speak) and some things are just to much to over come.

Health Insurance policy's/co-pays are a Huge Factor!

Its just hard to save when it takes all you got coming in to survive.

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  • HadIt.com Elder

I did help a widow friend of ours file for DIC when her 100%P&T With 3 SMC's  hubby Passed away from cancer  he was a Vietnam vet

I believe she got the minimum with DIC, But there home and land was paid for and she gets part of her hubby SS..    she makes it but it is hard for her,  when you have 3/4 of your income  just stop all at once.  I can imagine why.

I do think the surviving spouses of a disable veteran should get more benefits  either $$ wise or other benefits that would certainly help her/him out.

Edited by Buck52
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We do get a lot of benefits Buck. The problem is many spouses and widows don't know about them.

(Spouses of 100% P & T vets as well as their survivors).

http://www.vba.va.gov/pubs/forms/VBA-21-8924-ARE.pdf

Kate is  eligible for hiring preference as explained above for Civil and federal employment,based on your husband’s VA SC award.

 

http://hr.commerce.gov/s/groups/public/@doc/@cfoasa/@ohrm/documents/web_assets/prod01_009561.pdf

Also on page 11-12 of the Chapter 35 DEA  pamphlet above ,(you are entitled to DEA), the VA offers spouses with our eligibility a lot of avenues of approach that can enhance our working skills:

http://www.benefits.va.gov/gibill/docs/pamphlets/ch35_pamphlet_2.pdf

Chap 35 (DEA) paid for the last half of my degree as well as an additional Certificate I earned, as a military student at AMU.

I would think that your husband should be receiving SSDI for his PTSD....if he applied in time and had the needed work credits.

My financial adviser told me to take the reduced SSA benefit at age 60 and it took very little time to get that processed via SSA once I applied, because they my husband's SSA records anyhow due to his SSDI for PTSD and the SSA benefit I received for me and my daughter until she turned 16.(due to his SSDI)

That is when the REPS benefit kicked in after he died.Only for any child or parent of a child,whose SSA parent benefit was cut off by the Omnibus Reconciliation Act, when the veteran died of service connected disabilities....if the veteran received SSDI for their service connected disabilities and had any child under 18 at death.

It was over 20 thousand dollars.

None of my former vet reps knew what the REPS benefit was.

The application used to be attached to the 21-534 form and probably still is.

I often wonder how many reps told their widowed claimants not to fill it out..because they didnt know what it was for.

 

Edited by Berta
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to add, this is part of recent email I received from Gold Star Wives,Inc.

"Legislative Goals for 2017:

1)      Survivor Special Indemnity Allowance (SSIA) Extension

2)      Dependency Indemnity Compensation increase

3)      Elimination of the Survivor Benefit Pension/Dependence Indemnity Compensation Offset (SBP/DIC offset).

4)      GSW Federal Charter Revision"

jim jim@goldstarwives.org

They have always wanted DIC amounts higher, but their prime goal is # 3 above.

The VA cannot raise DIC for all survivors until they eliminate the SBP offset as it would be grossly unfair to any survivor getting SBP.

There have been some changes to SBP ( SSIA ) but that change only affects a few GSW members.

This situation SBP/DIC offset is the most unfair regulation on the books, in my opinion.Many survivors dont even know how unfair it is until their spouse dies.

A good friend of mine pays into the SBP annuity . 32 years Navy AD and R. No SCs at all.

Even if he died with a SC that caused his death, the VA would grant DIC but deduct it from the projected amount of the future SBP check he  pays for now, as an annuity deduction from his military retirement pay.

 

 

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