Is Dic Automatic If You Are T&p

[red]

Can anyone fill me in on DIC. I am 100% service connected T&P. If I die does my widow receive DIC or does it have to be connected to the service connected portion of my disability. Also, since she has had a stroke and would not be able to handle phone calls, paper work, etc., what is the process that should be taken to get it started. And does anyone know what she would receive? I an not dying right now and hope I have a long life to take care of her, but who knows? I would have someone call the right people if this was needed. She would need the money for someone to take care of her. If somebody could give me the steps I need to take care of, i would place them in a death folder that I am making up, just in case. I have also got to hire a lawyer or someone to do a revocable trust to spell everything out. I understand this is very expensive. Had anyone here done that? Thanks again Hadit for all the help. Red

[hedgey]

Red - the rates are currently $1154 basic, $246 additional if vet was disabled for the 8 yrs prior to death and married to the spouse those 8 yrs, and another $286, if she gets A&A.

You can find the forms for a revokable trust at SUZEORMAN.COM for free. I did mine thru a local lawyer, in VT, and it ran about $1600-$1700, but that included changing the registrations to my vehicles, which I could have done myself and maybe saved $100 but to me it was worth it.

pr

When my dad created a revocable trust years ago, my sibling & I rolled our eyes - dad had nothing but a very modest house and 10 year old car, no money in the bank to speak of, living on Social Security, etc. But when he died, we were very grateful that he'd had it done. No probate, property just simply transferred names, etc. Dad had even pre-paid the attorney to do the title transfers.

So my point is that a revocable trust is a very good thing for anyone to have. (not sure of the spelling, but the spell-checker was yelling at me when I put a K instead of a C...)

[Berta]

Larry you guys did quite well here without me-

"Yes, but if I have been t&p for over 10 years, will she receive it and do you know how long after she files, will she start drawing it. She is also has A&A. THANKS"

These types of DIC usually never take too long as far as I know.But how long it would take is impossible to know.

I have never seen denial for this type of DIC at the BVA web site - as long as the ten year period for P & T at 100% was a continuous benefit with no proposed reduction that failed on appeal.

Or there could be problems over the DIC if there was another wife out there who filed a contested DIC claim.

( That has happened a few times!)

It is a good idea to have blank copy of the entire 21-534 form in a death file and some phone numbers of vet rep orgs or your county or state Vets Affairs offices.Sometimes they can make house calls which would help your spouse if she has mobility problem.Now is the time to ask a trusted friend to help her with the form if no vet rep could do it at her home.I know how difficult it could be for her ,dealing with a stroke, to handle anything like a DIC claim even if a vet rep Could make a house call.

Do you have any adult children who could help her with the DIC form?

She will need copy of the Death Certificate and probably they will ask for copy of the marriage license again even though they have it already when she sends in the application form.There will be some financial questions too for her to answer.

These guys are right-she must file a claim for DIC with the 21-534 form.

She could also perhaps be eligible for higher rate of SSA upon your death as I assume she gets SSDI now.

Once she gets the form filed with the VA and gets to them any documents they ask for-(she needs to get proof of mailing for everything) that will be all she needs to do and enough for the VA to make an award in a reasonable period of time.I dont know how they handle the A & A benefit she gets now.

Maybe our DAV rep here (Rakkwarrior) could answer that one for you.

[red]

She is the only wife I have had. Married for 52 years.

She could not answer any of the questions from anyone due to her stroke.

I have two children , one is a R.N., 44, a son 48.

She draws half of what I make on s.s. She did draw a disability check but when she turned 62, they added to it to equal half my s.s. check.

Do they do a means test on what we have, does this have a bearing on her DIC award? We do have a pretty good estate, not huge. House is paid for, but she could not live here alone. Do you have any thoughts that they would be asked with regards to financial questions?

Her a&a check is added to my va disability check. It is 140.00 per month. Thanks again

[Philip Rogers]

Red - to my knowledge there is no means test. What she gets has no bearing on her DIC. If she remarries, I believe she loses it but that may have changed, recently. I'm sure Berta will pop in here shortly, with better info.

pr

[sharon]

You can request a survivor's package for your regional office. Your local veterans rep may have them. You can fill in the information except date of death and cause of death in advance. Put it with your important papers for when the time comes. There is no means test for DIC. It is compensation not pension.

[Pete53]

Red:

If you die before your wife she is entitled to your full Social Security Check but I think it to has to be applied for. I am addressing your question as I assume that since she is getting half your check now the criteria she needs has been met.

Good Luck to you and your wife.

Pete