How can I receive Survivor Benefits if my military spouse did not sign up upon retirement?

PO2 Mary Walkup — Thu, 23 May 2024 12:21:12 -0400

My spouse passed away unexpectedly last year. He did not sign up for Survivor Benefits when he retired and noone told us he could have done that later. His death and loss of benefits has put me as the surviving veteran spouse in a severe financial bind.

Response by SrA Private RallyPoint Member made May 23 at 2024 12:30 PM

SrA Private RallyPoint Member — Thu, 23 May 2024 12:30:50 -0400

PO2 Mary Walkup You should ask this question on today's Q&A page here: https://www.rallypoint.com/answers/vetalkx-survivors-caregivers-together-memorial-day-q-a-ask-your-questions-now

VeTALKX: Survivors & Caregivers Together - Memorial Day Q&A. Ask Your Questions Now! |...

On May 23rd at 1pm EST the Department of Veterans Affairs and our community partners, to include Tragedy Assistance Program for Survivors (TAPS), American Red Cross Military Veteran Caregiver Network, Blue Star Families, and Elizabeth Dole Foundation will be here to answer questions about survivor resources, caregiver support, memorial affairs, and mental wellness. Ask your questions now! You can ask questions to the following...

Response by Sgt Private RallyPoint Member made May 23 at 2024 12:53 PM

Sgt Private RallyPoint Member — Thu, 23 May 2024 12:53:55 -0400

PO2 Mary Walkup Mary, I am sorry for your loss. If your husband was working with a Veteran Service Officer (VSO), that would be the person to contact. You can contact the VA and ask about Survivor benefits. Another option is to contact a VSO at a service organization.

https://www.rallypoint.com/answers/how-can-i-get-help-with-survivor-benefits

https://www.va.gov/get-help-from-accredited-representative/

How can I get help with survivor benefits? | RallyPoint

My brother in law passed away earlier this year he is survived by his wife and daughter. He was100% VA disabled and was being treated by the VA in an outsourced facility in Aurora Colorado at the time of his death. His spouse has not received any of his benefits despite having submitted all required documentation through a DAV sponsor. Who can I contact to find out what went wrong or who can I get to look into this?

Response by AB Bonnie Carroll made May 23 at 2024 2:04 PM

AB Bonnie Carroll — Thu, 23 May 2024 14:04:05 -0400

Thank you for your question, PO2 Walkup. We are so very sorry for your loss and extend our condolences to you. The Department of Veterans Affairs (VA) offers a number of benefits to eligible surviving spouses and children. Additionally, there are a number of state benefits and private programs that may be available to you. Please contact the Tragedy Assistance Program for Survivors (TAPS) at 800-959-TAPS (8277) or send a detailed message to [login to see] and our Casework Advocates will do all they can to support you through identifying benefits and programs that may be available to you. We are here to help. With care and condolences.

Response by MAJ Private RallyPoint Member made May 23 at 2024 2:56 PM

MAJ Private RallyPoint Member — Thu, 23 May 2024 14:56:30 -0400

Sorry for you loss. A Retirement Service Officer can help you. For someone local you can search at https://soldierforlife.army.mil/Retirement/rso

US Army Soldier For Life

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Response by COL Randall C. made May 23 at 2024 4:52 PM

COL Randall C. — Thu, 23 May 2024 16:52:47 -0400

Mary, if you're referring to the Survivor Benefit Plan (SBP), the hard truth nobody is saying is that you can't ("How can I receive Survivor Benefits if my military spouse did not sign-up upon retirement").

If your husband retired prior to March 1, 1986 (38 years ago), then he could have declined SBP coverage without your consent (assuming you were currently married than). After that date, then your written consent was required to reduce it below full coverage (55% of retirement pay).

Once a SBP declaration is made at retirement, it can't be changed except in certain limited windows (usually based on changes in law that occured). The last open window recently closed (it ran from December 23, 2022 to January 1, 2024) and was opened due to a change to how SBP and DIC payments from the VA are handled that was made in the National Defense Authorization Act of 2023.

However, if you can prove that the election was changed due to fraud (hypothetical - he retired after March 1, 1986 and he forged your written consent on the election) or error (he didn't refuse the election and it was processed incorrectly) through the courts, then you may be able to have the SBP restored (all previous unpaid premiums would be a debt to the future SBP payments though).

Having said all that, there are "survivor benefits" that others have mentioned that you might be eligible for. I would take MAJ Private RallyPoint Member's advice and contact a Retirement Service Officer and/or Sgt Private RallyPoint Member's suggestion to work with a VSO to determine if there are any benefits you are eligible for.
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* SBP https://comptroller.defense.gov/Portals/45/documents/fmr/archive/07barch/07b_43.pdf

07b_43.pdf

Response by A1C Medrick "Rick" DeVaney made May 24 at 2024 6:02 AM

A1C Medrick "Rick" DeVaney — Fri, 24 May 2024 06:02:10 -0400

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I hope this helps

Response by LCDR Carla Cherry made May 26 at 2024 2:46 PM

LCDR Carla Cherry — Sun, 26 May 2024 14:46:25 -0400

I suggest seeing the nearest Veterans Service Office near you. Some benefits are available to you. May want to contact your local VA and set an appointment with an advocate. Be sure and take your spouse's DD214. Also, you are entitled to partial burial reimbursement up to 750. (possibly more) and transportation up to 250.

Response by SSgt Dennis Watkins made Jun 13 at 2024 6:07 PM

SSgt Dennis Watkins — Thu, 13 Jun 2024 18:07:50 -0400

If your spouse was 100% VA rated disabled you need to file with the VA to get Dependent indemnity payment which is 1/2 your spouses Disability check if you were married for more then 10 years . If your spouse didn't sign up for Survivor Benifit plan as my old supervisor would tell us you are SOL ,sorry for your loss.

Response by CDR John White made Oct 2 at 2024 8:14 PM

CDR John White — Wed, 02 Oct 2024 20:14:32 -0400

I don’t think you can, but you may want to consult an attorney.

Anything is possible with a good lawyer. My ex-wife got my 50% of my pension, 50% of my VA CRDP disability pay and 100% of my GI Bill. She had the better attorney and the right Judge.

Response by CMDCM Lawrence Dajnowski made Nov 3 at 2024 10:22 AM

CMDCM Lawrence Dajnowski — Sun, 03 Nov 2024 10:22:58 -0500

Between Sbp and the fspa it is always about money for the spouse and he.l.l with the retiree. Sbp is optional but fspa is forced upon the military retiree. This is wrong and totally disrectful to those that served in Combat. Then the spouse divorces and remarried but still gets fspa payments which the new husband can use. The U.S. Is disrectful towards miltary retirees. Period. Sickening.

Response by Annie Christensen made Nov 5 at 2024 12:23 AM

Annie Christensen — Tue, 05 Nov 2024 00:23:22 -0500

Or the life insurance available but ya gotta know and do the paperwork...