disability benefits for spouse

Disability Benefits For Spouse - Navigating the world of Social Security Disability can be filled with complicated rules, complicated decisions, and unclear guidelines.

Read below to answer some of the most common questions about disability benefits for widows. Can't see your question? Call us at 843-576-6353 or contact us and we'll be happy to answer your questions!

Disability Benefits For Spouse

If your spouse received Social Security disability benefits, you may be eligible to continue receiving them as a widow or widower.

Va Form 21 686c For Adding Dependents To Benefits

Get all the financial support you can during tough times. The attorneys at Robertson Wendt Disability - Finkel Law Firm LLC can help you determine your spouse's options for receiving disability benefits.

Your ability to receive disability benefits from a deceased spouse depends on three main factors: your disability, age, and custodial status.

You may also be entitled to a one-time payment of $255 if you are the surviving spouse who lived in the same home as the disability recipient at the time of death.

It's understandable if you have a lot of questions about how this works. You can discuss your situation with an attorney at Robertson Wendt Disability - Finkel Law Firm LLC for free.

Social Security Spousal Benefits: What Spouses Can Get

To apply for survivor disability benefits, you must call or visit your nearest Social Security office in person. You cannot apply for survivor benefits online.

To start the process ahead of time, start by filling out the Adult Disability Report and bring it with you to the Social Security office.

If you don't have all the documents, you can still submit your claim. The Social Security office can help you get the relevant documents - as can a lawyer.

You must go to Social Security to provide basic information about yourself, such as your Social Security number and date of birth, as well as relevant information for your spouse and information for your minor children, if you have any. When a spouse dies, it can feel like your world has ended. This is especially true if you and your spouse rely on monthly veterans' disability benefits.

Seeking Marriage Equality For People With Disabilities

Although disability compensation payments do not continue after the death of a deceased spouse, survivors may be entitled to another type of benefit called Dependent and Indemnity Compensation (DIC).

Dependency and Indemnity Compensation (DIC) is a tax-free cash benefit from the Department of Veterans Affairs (VA) that is paid to eligible survivors of military service members who died in the line of duty or to qualified survivors of veterans whose deaths were service-related. condition. Legally married military couples of any orientation can apply for DIC benefits.

It is important to note that DIC is separate from any benefits a veteran may have received during their lifetime. This means their monthly benefits will stop when they pass.

Anyone who was married to a service member is not eligible for DIC. There are certain criteria that both the veteran and the surviving spouse must meet.

Va Disability Pay Chart

Essentially, DIC benefits can be awarded to non-spouses if the individual had a child with the veteran and lived with them prior to the veteran's death.

If the surviving spouse retires, the VA will generally terminate DIC benefits. However, there are a few exceptions. If the surviving spouse remarries and the marriage ends in death, divorce, or annulment, DIC benefits may be reinstated from the date the marriage ended.

Another example where DIC benefits may continue after remarriage is if the surviving spouse remarries after age 57. In this case, the remarriage should not affect the DIC benefits and the benefits will continue.

At age 57, DIC benefits will not continue. Nor will it be reinstated when the surviving spouse reaches the age of 57.

Can I Switch From My Social Security Benefit To My Spousal Benefit?

Note: Unfortunately, if you are the surviving spouse of a veteran who died at or after age 57, but

December 16, 2003 The VA requires you to reapply for DIC between December 16, 2003 and December 15, 2004 to restore DIC benefits.

Dependent children must meet certain requirements to receive DIC benefits. The qualifications are very similar to a veteran claiming a dependent child.

To qualify for DIC benefits, you must show the VA that the veteran's death was related to their service. If they died while performing their duty or a

Va Disability Benefits Explained

For a service-connected disability, this process should be relatively simple. However, there are certain VA regulations intended to speed up the process that you may find helpful to know:

Already connected to the service, when they pass away, you can still apply for DIC. Such claims may take longer to process, however, because VA judges follow a typical disability claims review process to determine whether the cause of death was service-connected.

Under 38 USC § 1318, veterans who do not die of a service-connected disability but meet the following criteria may also receive DIC if they:

For example, say a Vietnam veteran did not apply for post-traumatic stress disorder (PTSD) disability benefits during his lifetime, but the condition later became the cause of death. A surviving spouse or dependent may apply for service connection after the fact and, if VA issues service connection, they will be eligible for DIC. It is important to note that in this case, the surviving spouse or dependent child will not receive retroactive disability benefits for the veteran's PTSD, but they can use it for purposes of establishing DIC.

How Will Employment Affect My Child's Disability Benefits?

In addition, survivors receiving benefits under 38 USC § 1318 are entitled to the same DIC benefits as survivors whose spouses died of a service-connected disability.

If the veteran's cause of death was a presumptive condition and the evidence shows that the veteran meets specific presumptive criteria, VA must grant service connection without further investigation. Presumptive conditions are also another way that a spouse or dependent can establish eligibility for DIC benefits for conditions that were unrelated at the time of death. An example of this is the Agent Orange exposure in Vietnam.

Exposure to Agent Orange can cause a number of possible conditions. The VA periodically updates its presumptive list, which means the condition that caused a veteran's death may become a presumptive condition in the future. If this is the case, the surviving spouse or dependent child can apply for DIC benefits after the fact.

If your children are under 18 and live in your household, you are entitled to additional compensation for each child. As of 2023, each qualifying child will receive an additional $387.15 per month. The benefit is usually available for two years from when you start receiving benefits or until the child turns 18. If one or more of your children is disabled, you can continue to receive benefits on their behalf even after they turn 18.

A Note To Those Who Think Receiving Disability Benefits Means I Have It Easy

You can also get extra compensation if you are housebound and need help with daily activities (for example, bathing, dressing, eating or toileting).

If you are married to a veteran during those eight years, you may be eligible for an additional month's worth of compensation. A veteran can be totally disabled from a single disability rated at 100 percent, multiple disabilities that add up to 100 percent, or TDIU.

In this case, be sure to include supporting documentation that proves you meet the DIC criteria, such as the veteran's death certificate indicating the cause of death, marriage certificate, any previous divorce decrees, birth certificates, and school records. Submitting this evidence with the original DIC application can help expedite the trial process.

When you file Form 21-534, you will find that there is a specific question about whether you are seeking service connection for the cause of death. If the veteran did not die from a service-connected condition, you must ensure that you answer this question appropriately.

How Are Disability (ssdi) Benefits Calculated In Pennsylvania?

If your spouse is killed on active duty or during exercise training, the VA will appoint a casualty assistance officer to file for surviving spouse benefits on your behalf.

You must apply for DIC VA benefits as soon as possible after the veteran's death. If you apply within a year of the veteran's death and receive benefits, you will likely be paid back one month after the veteran's death. Typically, a family receives one final payment of veteran's disability benefits and then begins receiving DIC benefits the following month.

If you do not apply for DIC within one year of the veteran's death and the VA later pays you benefits, your effective date (that is, the date you start receiving benefits) will be the date VA accepts your DIC claim.

Exceptions exist for surviving spouses and dependent children of Vietnam veterans who meet the recipient class definition and blue water Navy veterans. In these cases, a Veterans Service Officer (VSO) or an accredited representative or attorney can assist and provide helpful information regarding the effective date of DIC benefits.

Social Security Divorced Spouse Benefits: What You Can Collect

Once granted, DIC is permanent for surviving spouses unless the surviving spouse retires before age 57. For surviving children, DIC usually persists into adulthood

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