Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Bulldog4Life - Help With Dic


Bulldog4life

Question

Berta,

My question is on Dic? Me and my late wife was married on 2 different occasions. The first marriage lasted 13 years and before she passed away 8 months. She was 100% for 20 years and P/T for 17 years.

In the USC 38 1311(2) it states that a veteran that was married to the same veteran more than once the

Original marriage will be used in determining the statutory benefit. It also states that the time of marriages

Will be considered.

Now I was nt paid the enhanced benefit of $258 per month., which states that the spouse has to be married for 8 straight years until the veteran dies. If they are taking the 13 years I was married would nt that meet the requirement?

I filed a notice of disagreement for a DRO hearing because I feel I right.

Can you shed some light on this?

Thanks,

Bulldog (USMC........Nam Vet)

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0


At age 60 you might be eligible for SSA survivors benefits.

A widow/widower getting VA DIC can receive both of these benefits.


" Widow or widower, full retirement age or older -- 100 percent of the deceased worker's benefit amount;
Widow or widower, age 60 -- full retirement age -- 71½ to 99 percent of the deceased worker's basic amount;
Disabled widow or widower aged 50 through 59 -- 71½ percent;
Widow or widower, any age, caring for a child under age 16 -- 75 percent.
A child under age 18 (19 if still in elementary or secondary school) or disabled -- 75 percent.
Dependent parent(s) of the deceased worker, age 62 or older:
One surviving parent -- 82½ percent.
Two surviving parents -- 75 percent to each parent.

Percentages for a surviving divorced widow or widower would be the same as above.

There may also be a special lump-sum death benefit.
Maximum Family Amount

There's a limit to the amount that family members can receive each month. The limit varies, but it is generally equal to about 150 to 180 percent of the basic benefit rate.

If the sum of the benefits payable to family members is greater than this limit, the benefits will be reduced proportionately. (Any benefits paid to a surviving divorced spouse based on disability or age won't count toward this maximum amount.)

Note: Although you can use our benefit calculators to see how much your survivors could receive on your record, you cannot use them to calculate your potential benefits on someone else's record.

You need to contact your local Social Security office or call our toll-free number, 1-800-772-1213, (TTY 1-800-325-0778) to learn how much you could receive on the other record.
Other Things You Need To Know

There are limits on how much survivors may earn while they receive benefits.
Benefits for a widow, widower or surviving divorced spouse may be affected by several additional factors:

If you remarry

If you are eligible for retirement benefits on your own record

If you will receive a pension based on work not covered by Social Security

Select one of the links below to get additional information about

Benefits If You Are The Worker's Widow Or Widower;
Benefits If You're The Worker's Surviving Divorced Spouse; and
Benefits If You're The Worker's Minor Or Disabled Child.

Related Information

Estimate Your Life Expectancy
Benefits For The Surviving Spouse By Year Of Birth
Retirement Benefits By Year Of Birth


Full retirement age for Survivors is increasing from 65 to 67

Find your full retirement age

Year you were born:

Note: Survivors born on January 1st should select the previous year."

http://www.ssa.gov/survivorplan/ifyou5.htm

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use