2 Married Vets He Is 70%/ 100% Iu She Is 30%

[halos2]

Friend asked question: both vets. He 70% but at 100% IU, she is 30%. If he passes away can she get DIC on his compensation? Also she wants to know, he gets $400 per month more, can she get SSDI on him instead of her own which is less? She hopes this doesn't happen but both are in 60's and she didn't know if there were income restrictions on either or both.

Edited April 29, 2009 by halos2

[Berta]

Hope to add a clarification here-

If a widow or widower gets SSI (NOT SSA)it would be reduced by any $ from the VA.

SSA for survivors of deceased workers whether vets or not can get payment under that record for either Children of the deceased (depending on ages) or can receive widow's benefits as Philip said at age 60 on the veterans record.

SSI is income limited program.

Also a Wartime VA death pension to a widow or widower is too.

I dont know how any widow or widower can live on the VA death pension.

No one can claim and receive any VA benefit and SSI at same time without partial or full offset from one to the other as far as I know.

"Now you write if EITHER vets dies due to sc cause or contributed to... either can receive DIC? So if he passes from sc she can get dic and the same with him for her if sc."

YES if SC caused or contributed to death or he/she faills into any other one of the DIC award criterias.

"And even if one gets ss or ssdi they could get ssa on top of that for the spouse that died? I was told if one dies the remaining spouse would receive one payment. Either hers or his, whichever was the greater amount."

I get SSA retirement benefits on Rods record as his widow. I could also get SSA on my other deceased husband's record if , per SSA, his record amount due to Colas-ever gets higher than Rods.I am also eligible for SSA due to my own SSA account and long work history.

I get DIC as well.

There is no offset on any of this income.

I am not limited to have other income either-

If the person you know is getting full SSI and also VA benefits as DIC or VA death Pension-I am sure legally she gets an offset from one or the other and probably the reducd VA check is very low.

I had a wannabee local widow who was trying to pull something on the VA-it happens-

she receives some sort of disability payment and also some rental money-

she thought I was going to help her file the 534 without telling the VA this.

No way -besides the VA can cross check this stuff I am sure.

Also anyone on a VA pension is obligated to inform VA of any change in their annual income.

DICers are never required to do that.

I believe the SSI rules (unlike SSA rules) are tdefinitely the same in this respect.

I dont understand the age 50 part Philip-but I knew widow of vet who at age 50 her child was 16 when the vet died and so she didnt get any help from SSA.I think the child still received 2 more years of SSA in their own right.(which of course goes to the parent for their care)

I think that is a SSA age 50 cut off date for survivor benefits for survivors with children of deceased workers. ?

[Philip Rogers]

Berta, I don't know why the age 50 disabled thing either but it's true. The spouse of a disabled person who cares for minor children receives payment until the youngest child reaches age 16. At 16yo SS feels the child is old enough to be alone after school and won't pay the spouse anymore. The spouses benefit is then added to the child or children's benefit until age 18 or HS graduation, whichever is the latter.

pr

[Berta]

You explained that much better than I did.

I got so confused trying to explain it that I had to eat 2 very large chocolate brownies!

but still was confused-

All SSA info and stuff is at the SSA web sites, too under Survivors benefits.

[halos2]

I have read the ssa web site information numerous times over these last 7 or so years. When it comes to va disab comp eligibility and SSDI I understand vet can get both...but Berta, you wrote"I get ssa retirement benefits on Rods records as his widow...I am also eligible for SSA due to my own SSA acct and long work history. I get DIC as well"...my question is why would one have to inform the ssa if one dies if they are still going to pay the spouse the ssa. for both? ..so the person will get both benefits, you are saying as you get?

I know SSDI and VA disab comp do not decrease eachother however what parameters would there be for that person to get SSDI, VA and SSA? Wouldn't the ssa assume if one gets SSDI and VA that would be enought $. Now how can it be that the surviving spouse gets to keep both checks when one spouse dies?

My father-in-law called the ssa when his wife died and his check amount was decreased as he no longer had a dependent.

She had a work history too.

I am sure my mother receives it on my dad's record as he worked many more years than she did and also he made alot more $ than she did too.

Now say vet gets SSDI 1300 mth, and gets 60% va disab comp, you are implying that vet can also apply for ssi?? But if they do apply for ssi the va $ would be decreased? Is this what you are telling me? Been up 36 hrs maybe I am twisting info around. Just want to know how spouse gets his/her checks if one died.

No pension's here.

Hope to add a clarification here-

If a widow or widower gets SSI (NOT SSA)it would be reduced by any $ from the VA.

SSA for survivors of deceased workers whether vets or not can get payment under that record for either Children of the deceased (depending on ages) or can receive widow's benefits as Philip said at age 60 on the veterans record.

SSI is income limited program.

Also a Wartime VA death pension to a widow or widower is too.

I dont know how any widow or widower can live on the VA death pension.

No one can claim and receive any VA benefit and SSI at same time without partial or full offset from one to the other as far as I know.

"Now you write if EITHER vets dies due to sc cause or contributed to... either can receive DIC? So if he passes from sc she can get dic and the same with him for her if sc."

YES if SC caused or contributed to death or he/she faills into any other one of the DIC award criterias.

"And even if one gets ss or ssdi they could get ssa on top of that for the spouse that died? I was told if one dies the remaining spouse would receive one payment. Either hers or his, whichever was the greater amount."

I get SSA retirement benefits on Rods record as his widow. I could also get SSA on my other deceased husband's record if , per SSA, his record amount due to Colas-ever gets higher than Rods.I am also eligible for SSA due to my own SSA account and long work history.

I get DIC as well.

There is no offset on any of this income.

I am not limited to have other income either-

If the person you know is getting full SSI and also VA benefits as DIC or VA death Pension-I am sure legally she gets an offset from one or the other and probably the reducd VA check is very low.

I had a wannabee local widow who was trying to pull something on the VA-it happens-

she receives some sort of disability payment and also some rental money-

she thought I was going to help her file the 534 without telling the VA this.

No way -besides the VA can cross check this stuff I am sure.

Also anyone on a VA pension is obligated to inform VA of any change in their annual income.

DICers are never required to do that.

I believe the SSI rules (unlike SSA rules) are tdefinitely the same in this respect.

I dont understand the age 50 part Philip-but I knew widow of vet who at age 50 her child was 16 when the vet died and so she didnt get any help from SSA.I think the child still received 2 more years of SSA in their own right.(which of course goes to the parent for their care)

I think that is a SSA age 50 cut off date for survivor benefits for survivors with children of deceased workers. ?

[Berta]

I am beyond confused here-

I sure dont get more than one SSA retirement check.

SSA gives the highest benefit they can possibly award. they even told me that my other husband's account (he is non disabled and still employed -Nurse)is probably higher than both of my veteran husband's accounts-

I only get one SSA check and this is not SSI-

and I get DIC NOT VA death pension for widows- BIG difference there.

BIG difference

"my question is why would one have to inform the ssa if one dies if they are still going to pay the spouse the ssa. for both? ..so the person will get both benefits, you are saying as you get?"

SSDI is not SSI

One must inform the SSA of a death of a spouse because it is the law.The spouses SSA check stops coming.

If a retired person's account is higher than deceased spouse who dies- the SSA awards the highest possible benefit for SSA retirement.

SSA awards only one check.

The survivor if eligible can get SSA retirement and VA DIC at the same time.

Your friend should join hadit or contact SSA with questions at the SSA site.

[Berta]

PS I had neighbor who got DIC under Officer's Retirement- and CHAMPUS

She also got SSDI- Social Security disability on her own record.SSDI

When she turned 62 or 65 forget- she thought she would get another SSA check for her retirement-

but she didnt-what SSA gives as SSDI award is retirement-in essense forced retirement due to disability-

You can check with SSA on all this because maybe the regs on this changed and I dont have updated SSA regs or info