SFA Chapter 46 "Col Nick Rowe Memorial Chapter"

SFA Chapter 46 "Col Nick Rowe Memorial Chapter"SFA Chapter 46 "Col Nick Rowe Memorial Chapter"SFA Chapter 46 "Col Nick Rowe Memorial Chapter"SFA Chapter 46 "Col Nick Rowe Memorial Chapter"
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SFA Chapter 46 "Col Nick Rowe Memorial Chapter"

SFA Chapter 46 "Col Nick Rowe Memorial Chapter"SFA Chapter 46 "Col Nick Rowe Memorial Chapter"SFA Chapter 46 "Col Nick Rowe Memorial Chapter"

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benefits for survivors of veterans - be prepared

Last Will and Testament

Follow the link below or click the page to the left "Last Will and Testament" to find a downloadable workbook and contact information for a local attorney who works with the VFW, DAV, American Legion, and VVA to help expat American veteran's in the Philippine establish a legal will to assist their loved ones upon their death. This packet can also be used for spouses of veterans in they even they precede the veteran in death. 


Attorney Joan Mari Uy-Quiambao is a Filipina Attorney at Law and Notary Public. She may be contacted at 0909-0889-776 or 0915-5647-523. Her email address is jmuqlaw@yahoo.com.ph. Her office is located at 1172 Dr. Surfa St., Sta Maria 1, Balibago, Angeles City. Please call, email, or stop by to schedule an appointment - bring your completed workbook. The special rate for members of the VFW, DAV, American Legion, and VVA is P15,000 for establishment of a Last Will & Testament. Along with disposition of property, this will also includes your burial preference, a living medical will for preference for autopsy and instruction for DNR, donation of organs, funeral arrangements, instructions for family notification, US Executor/Administrator notification, emergency affidavit, etc. If you have special circumstances, Attorney Uy-Quiambao is prepared to work with you to address them. Her and her law partner have been holding a series of informative seminars at the VFW. If interested, contact the VFW and ask for the next schedule. 


Link to workbook: https://sfachapter46.com/last-will-and-testament 


Reporting Death of American Citizen to U.S. Embassy Manila

Next of Kin Lives in the Philippines.

Contact the U.S. Embassy, Manila at (02) 301-2000 x 2246 during normal work hours. The embassy will ask for the deceased passport number and biographical data listed on the passport as well as general information about his/her death. After the call, the U.S. Embassy will send you a death questionnaire form to be completed with instructions. Once the questionnaire and requested documents are returned to the embassy, they will prepare a consular report of death of an American citizen abroad and forward copies to the next of kin. Report of death can then be used to claim any benefits due/conduct business in the United States. Additional requirements: Advise the U.S. Embassy warden. After the funeral, contact the RAO director or your service officer for assistance in obtaining benefits.


Next of Kin Outside the Philippines.

Report the death to the U.S. Embassy warden/ROAO office and provide any information available such as death certificate, passport/identification cards, contact data for the next of kin. The U.S. Embassy Warden will take care of embassy reporting.


Burial at Clark Veterans Cemetery.

After the above requirements have been satisfied, take a copy of the DD Form 214, death certificate and burial permit to VFW Post 2485 (Office) to obtain a burial flag. Contact Neil McAuliffe at +63-(0)049-644-1280 to coordinate for burial on Clark. VFW Post 2485 will advise date and time of funeral and provide or make arrangements for the funeral services. 


(Special notice: If your loved one passed away in a country outside of the Philippines, it is imperative that you contact Neil McAullife (VFW burial liaison to Clark Veterans Cemetery) as soon as possible to coordinate the required documentation if you plan to bring the deceased back to the Philippines for burial. Neil will explain the requirements for: 

  1. Obtaining authorization from your nearest Consulate of the Philippines to bring remains into the Philippines
  2. The need to obtain a cremation permit from the city in which your loved one was cremated
  3. Obtaining a cremation certificate stating the deceased was cremated
  4. Obtaining certification from the Medical Examiner that the deceased did not day of an infectious disease
  5. Transiting through or from the US a transfer permit may be required
  6. Obtaining a true attested copy of the death certificate which will be stamped by immigration when the remains enter the Philippines (you should bring about 20 copies of the death certificate with you because you will need to provide multiple copies to various agencies in the Philippines when arranging burial.

Some people arrive with ashes and are denied entry. Others make it through immigration only to later discover that without the proper paperwork, burial on Clark will not be possible. Plan ahead and do the paperwork before making the trip over to the Philippines.)


Report Death of Veteran to DFAS, Start SBP Annuity, and claim Arrears of Pay (AOP)

When to Report a Retiree's Death

Please report the retired service member’s death as soon as possible. This will help avoid delay and possible financial hardship to surviving beneficiaries, family members or executors, who will be required to return any unearned military retirement payments Eligibility for military retired pay ends with the death of the retiree. Therefore, if a retired pay payment was issued for the month in which the retiree died the bank will be notified to return the payment upon notification of death. The beneficiary of the AOP may be due a prorated amount for the month of death. Never return money yourself unless specifically asked to.


What You Need

  • Retiree’s name, social security number and date of death
  • Manner of death: natural, suicide, accident, homicide
  • Retiree's marital status upon death
  • Names and addresses of retiree's designated beneficiaries or next of kin, living and deceased


How to Report a Retiree's Death

1. To report a retiree’s death:\


A- Use the convenient AskDFAS online form - available online 24/7

OR

B-Call the Customer Care Center at 800-321-1080


Upon notification of death, DFAS will stop monthly payments to prevent overpayment. 


2. After reporting the death to DFAS, you should receive a letter containing the following documents:

  • SF1174 Claim for Unpaid Compensation of Deceased Member of the Uniformed Service - – to claim the retiree’s Arrears of Pay
  • Annuity account forms and instructions (if the deceased retiree was enrolled in the Survivor Benefit Plan or the Retired Serviceman's Family Protection Plan)


3.  Complete the SF 1174 you received with your letter and submit it with a copy of the retiree’s Death Certificate that includes cause of death; include a completed Direct Deposit Authorization (DFAS-CL Form 1059) with your SF 1174 to have an AOP payment direct deposited to your bank account. Send to:


A- Upload a PDF of your completed/signed SF 1174 form and supporting documents via the AskDFAS online upload tool on DFAS.mil

B- OR, mail to:

Defense Finance and Accounting Service
U.S. Military Retired Pay
8899 E 56th Street
Indianapolis IN 46249-1200

C-OR, fax to: 800-469-6559


4. If the deceased retiree was enrolled in the Survivor Benefit Plan or the Retired Serviceman's Family Protection Plan, complete the annuity account forms and return them with supporting documentation. The following information provides preparation and submission guidance.


Report a SBP Annuitant's Death

Eligibility for Survivor Benefit Plan annuity pay ends with the death of the annuitant. Prompt reporting of the annuitant's death can help avoid delay in the final settlement of the annuity.  All outstanding checks or direct deposits must be returned to DFAS before a settlement of arrears of annuity may be made.


Please follow the steps below to report the death of an annuitant:

Step 1 - Please call 800-321-1080 to report the death of the annuitant.

Step 2 – Please send a copy of the annuitant’s death certificate showing cause of death to:

DFAS U.S. Military Annuitant Pay

8899 E 56th Street
Indianapolis IN 46249-1300

FAX: 800-982-8459


Step 3 - Please inform the financial institution receiving payments about the death of the annuitant.


Other Agencies to Contact

When a military retiree passes away, there are several steps you should take to take ensure his or her pay and benefit accounts are closed out properly and loved ones are cared for properly. After notifying DFAS, you may also need to notify the following agencies as soon as possible. 

 

Defense Enrollment Eligibility Reporting System
800-538-9552

Department of Veterans Affairs (VA)
800-827-1000 (if the retiree received disability compensation)

Office of Personnel Management
888-767-6738 (if the military retiree also was a current or retired federal civilian employee)

Office of Servicemember’s Group Life Insurance
800-419-1473 (if the retiree was enrolled in Servicemember’s Group Life Insurance)


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Start a Survivor Benefit Plan Annuity

If you are the designated beneficiary of a deceased military service member's Survivor Benefit Plan, there are several documents we need to begin your SBP annuity account:


Use the DD 2656-7 Form Wizard to fill in your form

The DD 2656-7 Form Wizard will help you fill out the DD 2656-7 - Verification for Survivor Annuity form. The form wizard will ask you a series of questions and fill in your answers in the appropriate areas of the form. When you have finished answering the questions, you can click a button to generate a ready-to-print PDF with your answers. .


Please remember you will need to sign and date this form, and then submit it to DFAS, along with the appropriate supporting documentation.


How to use the Form Wizard

You can download the entire DD 2656-7 Form Wizard (right click and choose "Save As") to your Windows or MAC computer. You will need compatible PDF software, such as the free Adobe Acrobat DC software, available at adobe.com. We do not recommend saving the Form Wizard to a shared computer, because it contains personally-identifiable information. When using Chrome, Edge, Firefox or Safari to access an Adobe form wizard, the user may initially receive a pop-up attached message.  The user must download the pdf (by clicking the download icon in the upper right-hand corner of the page), then double-click on downloaded file.  It is suggested to use the form wizard on a personal device.  Using the form wizard on a DFAS computer may not have the same functionality a personal device.

Alternatively, you can complete and send the following documents:


  • Verification for Survivors Annuity
    • DD2656-7 - PDF form to print and fill out, OR
    • DD2656-7  Form Wizard for Spouses, Former Spouses and Child Annuitants
  • Withholding Certificate for Pension or Annuity (IRS W-4P) - To have federal taxes withheld from the annuity 
  • Fast Start Direct Deposit Form (FMS 2231) - To have payments directly deposited to your bank account, OR Direct Deposit Enrollment Form (SF 1199A), OR International Direct Deposit Enrollment Form (SF 1199-I)


If any of the following circumstances apply to you, please also send the relevant document(s):

  • If you have not already sent to DFAS: a copy of the retiree’s death certificate showing cause of death or a service member’s DD 1300 Report of Casualty
  • Citizenship Affidavit - Only needed if the claimant lives outside of the United States and is anyone other than the retiree’s child
  • IRS Form W8-BEN - Only needed if the claimant is a nonresident alien and their country of citizenship has a tax treaty with the United States 
  • DD Form 2790 (Custodianship Certificate of Minor Child) - Only needed if a claimant is a minor (under age 18). Click this link for a helpful checklist to complete this form. Click this link for a helpful how-to video to complete this form.
  • DD 2788 (Child Annuitant’s School Certification) - Only needed if the claimant is over age 18 but under age 22 and attends school full-time 
  • Legal Representative Documentation - Only needed if someone signs on behalf of the claimant; a copy of supporting documentation such as a Power of Attorney, Guardianship, or Representative Payee is required. Click this link for a helpful checklist to complete this form. Click this link for a helpful how-to video to complete this form.


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New helpful tools for spouses, former spouses, and children of a deceased military member/retiree.

If you are the spouse (widow/widower), eligible former spouse, or child of a deceased military member/retiree, DFAS has new, helpful tools to help you fill out the DD Form 2656-7 correctly and easily.


Use the DD Form 2656-7 How-To Checklist to fill out your form

The How-To Checklist for the DD Form 2656-7 provides quick tips and a walk-through of the form to help you fill out the 2656-7 correctly and easily. You can download and print the checklist, or use it on your computer or tablet to assist you in filling out the form.


Watch the DD Form 2656-7 How-To Video on YouTube

 The DD Form 2656-7 how-to video provides a walk-through of the form to help you fill out the 2656-7 correctly and easily.


Submit your completed DD Form 2656-7 and supporting documentation online using our new AskDFAS online upload tool on DFAS.mil

You can now upload a PDF of your completed/signed form and supporting documents via the AskDFAS online upload tool on DFAS.mil.


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Submitting the DD Form 2656-7 and supporting documentation

Send the completed DD Form 2656-7 to start your SBP annuity with supporting documentation to:

A-Upload a PDF of your completed/signed form and supporting documents via the AskDFAS online upload tool on DFAS.mil

B- OR, mail to: :

DFAS - U.S. Military Annuitant Pay
8899 E 56th Street
Indianapolis, IN 46249-1300

C-OR, Fax to:  800-982-8459


If you have additional questions about starting your SBP annuity, please contact your Branch of Service Retiree Service Organization or call the DFAS Customer Care Center at 800-321-1080.

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How to Claim a Retiree’s Arrears of Pay Using the SF 1174

Arrears of Pay (AOP) is a one-time payment, usually less than one month’s pay, made to the AOP beneficiary after the death of a retiree. Arrears of Pay (AOP) is not a death benefit. 

The Arrears of Pay payment to the beneficiary is: 

The pro-rated amount of the retiree’s final month’s pay. And, if applicable, any other money owed to the retiree at the time of their death. 


To make a claim for money due to a retiree after their death, complete and submit an SF 1174 with a copy of the death certificate listing the cause of death. Please send a COPY of the death certificate, not the original. We are unable to return original documents.


The SF 1174 should be used by those who either (1) are the designated beneficiary on file with our agency, or (2) are entitled under the Order of Precedence.

*   *   *   *   *   *   *   *   *   *

NEW helpful tools for surviving spouses and children:

If you are the spouse (widow/widower) or child(ren) of the deceased retiree, DFAS has new, helpful tools to help you fill out the SF 1174 correctly and easily.


Up to two claimants can use one SF 1174. If there are two claimants on one form, both must sign on the same date in front of the witnesses. If there are more than two claimants, or the claimants are not signing together, please submit separate forms.


Direct deposit for Arrears of Pay payments

We can now deposit an Arrears of Pay (AOP) payment directly to an eligible claimant’s bank account instead of mailing a check. Direct deposit can reduce the time it takes to receive the payment. To have an AOP payment direct deposited to your bank account, send a completed Direct Deposit Authorization (DFAS-CL Form 1059) with your SF 1174. 

Use the SF 1174 Form Wizard to fill in your form

The SF 1174 Form Wizard will help you fill out the SF 1174 Arrears of Pay form. The form wizard will ask you a series of questions and fill in your answers in the appropriate areas of the form. When you have finished answering the questions, you can click a button to generate a ready-to-print PDF with your answers.


Please remember you will need to sign and date this form in front of two witnesses, and then submit it to DFAS, along with a copy of the death certificate that lists the cause of death.


How to use the Form Wizard

You can download the entire SF 1174 Form Wizard  to your Windows or MAC computer. You will need compatible PDF software, such as the free Adobe Acrobat DC software, available at adobe.com. We do not recommend saving the Form Wizard to a shared computer, because it contains personally-identifiable information.


Use the Form 1174 Retiree AOP Checklist to fill out your form

The Form 1174 Retiree AOP Checklist provides quick tips and a walk-through of the form to help you fill out the SF 1174 correctly and easily. You can download and print the checklist, or use it on your computer or tablet to assist you in filling out the form.


Watch the Form 1174 Retiree AOP How-To Video on YouTube

The 1174 AOP how-to video provides a walk-through of the form to help you fill out the SF 1174 correctly and easily.


Submit your completed SF 1174 and copy of death certificate online using our new AskDFAS online upload tool on DFAS.mil

You can now upload a PDF of your completed/signed form and supporting documents via the AskDFAS online upload tool on DFAS.mil.


Use the DD 2790 Checklist to fill out your 2790 form (if applicable)

The DD 2790 Checklist provides quick tips and a walk-through of the form to help you fill out the DD 2790 correctly and easily. You can download and print the checklist, or use it on your computer or tablet to assist you in filling out the form.


Watch the Annuitant DD 2790 How-To Video on YouTube

The DD 2790 How-To Video provides a walk-through to help you fill out the DD 2790 correctly and easily.

If you have additional questions about claiming retiree Arrears of Pay, please contact your Branch of Service Retiree Service Organization or call our Customer Care Center at 800-321-1080.

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Instructions for common claimants - retiree Arrears of Pay

Listed below are instructions for the most common claimants to the member's Arrears of Pay. The instructions are broken into relationship based on (1) designated beneficiary, and (2) non-designated beneficiary. Non-designated claimants are only entitled under the Order of Precedence. In the event you are unsure that you are the designated beneficiary on file, please follow the instructions for your relationship under the "Non Designated" category.


Submitting the SF 1174 and death certificate

Send the completed SF 1174 for a retiree’s Arrears of Pay with a copy of the death certificate that lists the cause of death; include a completed Direct Deposit Authorization (DFAS-CL Form 1059) with your SF 1174 to have an AOP payment direct deposited to your bank account:


A- Upload a PDF of your completed/signed form and supporting documents via the AskDFAS online upload tool on DFAS.mil

B- OR, mail to:

Defense Finance and Accounting Service
U.S. Military Retired Pay
8899 E 56th Street
Indianapolis IN 46249-1200

Remember to keep a copy of your signed form.

C-OR, fax to: 800-469-6559


Claimants with special circumstances

See "Supplemental Instructions for Claimant with Special Circumstances" below to learn more about those claimants with special circumstances; additional documentation or steps may be required.


Supplemental Instructions for Claimant with Special Circumstances


Minor Child or Beneficiary with Legal Guardian (GDN)

  1. Your claim must be accompanied by a completed copy of DD 2790 
  2. Your form must be signed by your Legal Guardian with their contact information


Beneficiary with a Power of Attorney (POA)

  1. Your claim must be accompanied by your Power of Attorney paperwork
  2. Your form must be signed by your Power of attorney with their contact information


Beneficiary with Foreign Address

  1. Children of retiree's do not need to fill out a citizenship affidavit
  2. All Non-US Citizens with an address outside of the United States are required to submit an IRS Form W-8, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding. Otherwise, if claimant is not a child and is a US Citizen please complete IRS Form W-9, Request for Taxpayer Identification Number and Certification
  3. If you do not have a social security number you will need to obtain one from the IRS by completing the IRS Form W-7 prior to filling out the IRS Form W-8, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding


Multiple Beneficiaries Using the Same Form

Example of completed form 

  1. Both names and SSN should be provided in PART A
  2. All beneficiaries should be listed in PART C
  3. A maximum of two beneficiaries can be used on each form 
  4. Both names should be listed in the witness section 


If you are filling out an SF 1174 to request the arrears of annuity for an SBP ANNUITANT rather than a retiree, please refer to the following instructions:
Beneficiary of an SBP Annuitant 


Designated Beneficiary (Not Estate or Trust)

Example of a completed form


If an organization is designated as beneficiary, i.e. "Salvation Army," a representative from the designated organization must complete an SF1174 on behalf of the organization.

Part      Instructions                                                    Reminder/Tips

  A        Complete Sections #1-6 with your info          If claimant is minor, complete DD 2790

             Complete Sections #7-10 with info of the      If claimant does not have Social Sec No.

             decedent                                                        complete IRS Form W-7.

  B        Respond "yes" if claimant was married to      N/A

             member at time of death

  C        Complete with N/A                                          N/A

  D        Complete with N/A                                          N/A

  E        Part E - Funeral Expenses – do not 

             complete/no longer used 

Other    -Sign & Date where it indicates "signature      1. Claims must be signed, include 

            of claimant." Under your signature provide       mailing address, dated, and witnessed

             your  mailing address and phone number.       by two disinterested parties to be  

            -Enter your name in the witness section           considered valid. 

             where it states "Name(s) of claimant(s)."         2. If claimant has a Power of  

            -Have two witnesses sign their name and         Attorney/attorney in fact please see  

             enter their address.                                           supplemental instructions above.

  

Not Designated (Spouse, Children, Parents)

Example of completed form


Part      Instructions                                                    Reminder/Tips

  A        Complete Sections #1-6 with your info          If claimant is minor, complete DD 2790

             Complete Sections #7-10 with info of the      If claimant does not have Social Sec No.

             decedent                                                        complete IRS Form W-7.

  B        Respond "yes" if claimant was married to      N/A

             member at time of death

  C       Complete by listing all Next of Kin                   If next of kin do not exist, which take            

            information, following the Order of                   precedence to your relationship, please 

            Precedence, until you've reached the              indicate this. Example: If you are a                                         

            relationship which your claim is being made.   parent making claim, then "Spouse -   

                                                                                      Deceased" 

                                                                                      "Children - N/A" 

   D        Complete with N/A     

   E        Part E - Funeral Expenses – do not 

              complete/no longer used 

 Other   -Sign & Date where it indicates "signature      1. Claims must be signed, include 

              of claimant." Under your signature provide       mailing address, dated, and witnessed

              your  mailing address and phone number.       by two disinterested parties to be  

             -Enter your name in the witness section           considered valid.                                         

             where it states "Name(s) of claimant(s)."          2. If claimant has a Power of 

             -Have two witnesses sign their name and         Attorney/attorney in fact please see

             enter their address.                                           supplemental instructions above.

                                                                                       3.  If claimant is not a child and is not a 

                                                                                       US Citizen please complete IRS Form

                                                                                       W-8, Certificate of Foreign Status of                                                                                  

                                                                                       Beneficial Owner for Untied States Tax                                            

                                                                                       Withholding and Reporting (Individuals),

                                                                                        if claimant is not a child and is a US    

                                                                                        Citizen please complete IRS Form W-9, 

                                                                                        Request for Taxpayer Identification 

                                                                                        Number and Certification                                                                               


Multiple Beneficiaries Using the Same Form
Example of completed form 


  1. Both names and SSN should be provided in PART A
  2. All beneficiaries should be listed in PART C
  3. A maximum of two beneficiaries can be used on each form 
  4. Both names should be listed in the witness section 


Additional tips to assist you in making your claim

  • When requesting the deceased retiree’s 1099R (needed to file taxes), please submit a copy of the certificate of death (COD). The 1099R cannot be issued until the date of death (DOD) is confirmed.

File a Veterans' Group Life Insurance (VGLI) Claim

  • Complete form SGLV 8283, Claim for Death Benefits and fax it to 1-877-832-4943 
  • OR mail it to the following address with a copy of the death certificate:
    Office of Servicemembers' Group Life Insurance (OSGLI)
    PO Box 70173
    Philadelphia, PA 19176-9912  
  • Call 800-419-1473 for further help


 Converting VGLI To A Civilian Policy

The VA official site reminds veterans it’s possible to convert a VGLI policy into a commercial policy at any time. This conversion is done, according to the VA, “at standard premium rates, without having to provide proof that you’re in good health.”


You will need to select a new life insurance company–the VA provides a list of companies that work with the VA–and apply at the local sales office of the life insurance company you choose.

Before you go, you’ll need to get a VGLI conversion notice from the Department of Veterans Affairs OSGLI office–the civilian life insurance agent will require this notice. Call the VA for more information on obtaining this letter by calling 1-800-827-1000.


Dependency and Indemnity Compensation (DIC)

What Is DIC?

DIC is a monthly tax free benefit paid to eligible survivors (surviving spouse, child, or parent) of a military service member who died while on active duty, active duty for training, or inactive duty training, OR

  • veteran whose death resulted from a service-related injury or disease, OR
  • veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death, OR since the veteran's release from active duty and for at least five years immediately preceding death, OR for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.
  • DIC for spouses and dependent children is not means tested. The recipient of DIC can have any amount of income or assets. It is really a life insurance benefit. 

 

DIC May be Granted Automatically.

DIC will be granted automatically when the veteran has been rated 100% service-connected for 10 or more years at the time of death and dies from non-service-connected causes other than willful misconduct. DIC is also payable when the veteran was rated 100% service-connected for at least 5 years immediately after discharge. With this rule, there is no need to prove service connection death.


Who Is Eligible?

The surviving spouse if he or she:

  • validly married the veteran before January 1, 1957, OR
  • was married to a service member who died on active duty, active duty for training, or inactive duty training, OR
  • married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran's death began or was aggravated, OR
  • was married to the veteran for at least one year, OR
  • had a child with the veteran, AND
  • cohabited with the veteran continuously until the veteran's death or, if separated, was not at fault for the separation, AND
  • is not currently remarried.*

The surviving child(ren), if he/she is:

  • not included on the surviving spouse's DIC
  • unmarried AND
  • under age 18, or between the ages of 18 and 23 and attending school.

The surviving dependent parent(s) may also be eligible for an income-based benefit.

   

How Much Does VA Pay?

The basic monthly rate of DIC is $1,340 for an eligible surviving spouse. The rate is increased for each dependent child, and also if the surviving spouse is housebound or in need of aid and attendance. VA also adds a transitional benefit of $332 to the surviving spouse's monthly DIC if there are children under age 18. The amount is based on a family unit, not individual children. An allowance of $332 a month is also available if the person receiving DIC needs aid and attendance.


Surviving spouse rates if the Veteran died on or after January 1, 1993


If you’re the surviving spouse of a Veteran


Your monthly payment rate is: $1,437.66 (Effective December 1, 2021)


You may also be eligible for added amounts based on certain factors. Find any descriptions in the table below that are true for you. Add the amount listed in the Added monthly amount column of each description to your monthly payment. This is your total monthly payment.


Added amounts for surviving spouses (you can qualify for any or all of these)

Effective December 1, 2021


If this description is true...

  • The Veteran had a VA disability rating of totally disabling (including for individual unemployability) for at least the 8 full years leading up to their death, and
  • You were married to the Veteran for those same 8 years

You may qualify for the 8-year provision for an added monthly amount of $305.28


If this description is true...

You have a disability and need help with regular daily activities (like eating, bathing, or dressing) you may qualify for Aid and Attendance for an added monthly amount of $356.16.


If this description is true...

You can't leave your house due to a disability you may qualify for Housebound allowance for an added monthly amount of $166.85.


If this description is true...

You have 1 or more children who are under 18  you may qualify for:

  • Transitional benefit, and
  • DIC apportionment rate

The added monthly amount for this is:

  • 306.00 for the first 2 years after the Veteran’s death
  • 356.16 for each eligible child


Example of how to calculate your DIC payment

If you're the surviving spouse of a Veteran, your monthly rate would start at $1,437.66. 

Then for each additional benefit you qualify for, you would add the amounts from the Added amounts table.  


In this example: We show the total monthly payment for someone with 2 children under 18, and who qualifies for the 8-year provision and Aid and Attendance. 


Total monthly payment for the first 2 years

$1,437.66 (monthly rate) 
+ $356.16 (first child under 18) 
+ $356.16 (second child under 18) 
+ $305.28 (8-year provision) 
+ $356.16 (Aid and Attendance) 
+ $306.00 (transitional benefit for the first 2 years after the Veteran's death) 
= $3,117.42 per month,


Total monthly payment after 2 years (when transitional benefit ends)

$3,117.42 (monthly payment with transitional benefit) 
- $306.00 (transitional benefit) 
= $2,811.42 per month


Note: You can find the details of these rates in title 38 U.S.C. 1311(a, b, c, d, f) and 38 CFR 3.461(b).


DIC rates if you’re the surviving child of a Veteran

Find the survivor status below that applies to you.


1. Surviving dependent child of a Veteran, when the Veteran has no surviving spouse

Your monthly payment rate is: $607.02 (Effective December 1, 2021)


Surviving, unmarried adult child of a Veteran, when the Veteran's surviving spouse is also eligible for DIC.  The VA makes this monthly payment to you separately as the adult surviving child, in addition to the eligible surviving spouse’s compensation.  Monthly payment rates

Effective December 1, 2021:


Child Status

Child between 18 and 23 who’s in a qualified school program - $301.74

 Helpless child over 18 (An adult child who became permanently unable to support themselves before age 18) - $607.02


2. Surviving eligible child of a Veteran, when the Veteran doesn’t have a surviving spouse who’s eligible for DIC


The VA will base your payment amount on the number of the Veteran’s eligible surviving children. You're an eligible child if you meet at least one of the requirements listed below.

At least one of these must be true:

  • You're under 18, or
  • You're between 18 and 23 and in a VA-approved school program, or
  • You're permanently unable to support yourself due to a disability that happened before age 18 (we use the term “helpless child”)

Monthly payment rates Effective December 1, 2021

Number of Veteran's eligible children    Monthly rate for each child    Total monthly payment

                       1                                                     $607.02                            $607.02

                       2                                                     $436.52                            $873.24

                       3                                                     $379.83                            $1,139.49

                       4                                                     $339.01                            $1,356.03

                       5                                                     $314.51                            $1,572.57

                       6                                                     $298.19                            $1,789.11

                       7                                                     $286.52                            $2.005.65

                       8                                                     $277.77                            $2,222,19

                       9                                                     $270.97                            $2,438.73

 Added amounts

  • For each additional eligible child in a family of 10 or more children, add $216.54.
  • For each helpless child over 18, add $356.16 to your monthly rate above. This will be your total monthly payment. For example, if there are 2 eligible surviving children, and one of them is a helpless child, the rate for that child would be $792.78 ($436.62 + $356.16).


Flat Rate DIC Payments.

For veterans dying after January 1, 1993, a flat rate of DIC is payable. Prior to this date, DIC was paid based on the military rank of the veteran. Under the flat rate plan, an additional allowance is payable for those veterans rated totally disabled due to service connected condition(s) for 8 or more years at the time of their death with the surviving spouse having been married to the veteran for 8 or more years immediately preceding the death. Surviving spouses can also qualify for Housebound or Aid & Attendance allowances under 38 CFR§ 3.351. 


Remarriage of a Surviving Spouse.

If a surviving spouse remarries, DIC is terminated. However, if the subsequent marriage is dissolved by death, divorce, annulment, or voided, the now single spouse is eligible to reapply for DIC benefits.


On December 16, 2003, the President signed the Veterans Benefits Act of 2003. This Act amended Title 38 of the United States Code in several ways. Previously, 38 U.S.C. § 103(d) prohibited a surviving spouse who remarries from receiving DIC and also from receiving related housing and education benefits during the length of the remarriage. The Act now allows a surviving spouse who remarries on or after his or her 57th birthday to remain eligible for DIC, home loan, and education benefits.


The surviving spouse must have been married to the veteran for at least one year prior to the death of the veteran or for any length of time if a child was born of the marriage, or was born to them before the marriage. The spouse must also have been married to the veteran when the veteran died. An exception is 38 CFR § 3.54 (c)(1), which covers marriages within fifteen years of leaving military service on or after January 1, 1957.


Concurrent Receipt of SBP and DIC. NOTE: Read next section about eliminating this.

SBP is the survivor annuity provided under military retirement if the veteran receiving military retirement died. If the surviving spouse is awarded DIC by VA based on the death of the same member who provided the SBP coverage, the Department of Defense reduces the spouse's SBP annuity by the amount of the DIC award.

  1. If the DIC payment offsets the entire SBP annuity, no annuity is paid and the SBP premiums for spouse coverage paid by the member are refunded to the surviving spouse.
  2. If the DIC payment is less than the SBP annuity, the spouse is paid an SBP annuity equal to the difference between the full annuity and the DIC. A refund of SBP premiums is made based on the difference between the costs actually incurred and the costs that would have been incurred in order to provide the annuity payable after the DIC reduction.

For example if the SBP is $2500, and DIC is $1,340, the surviving spouse would get $1,340 DIC and $1,160 SBP.


Elimination of the SBP-DIC offset. 

The SBP-DIC offset will be fully eliminated as of January 1, 2023. That means you will begin to receive your full SBP payments with no offset (reduction) on February 1, 2023.

You will also continue to receive your full DIC payments from the VA.

In 2023, the payment you will receive from DFAS is: your 2023 Gross SBP amount (minus federal taxes withheld)

In 2023, the payment your will receive from VA is: your FULL amount of DIC.


Offsets to DIC

DIC will not be paid if the survivor receives an award for damages due to the veteran’s death of any of the following:

  • judicial or administrative proceeding
  • settlement
  • administrative award,
  • tort award,
  • compromise, or
  • Radiation Exposure Compensation Act (RECA) settlement payment.

Any such awards will be deducted from DIC or demanded back for overpayment. Attorney’s fees, court costs, and other expenses incident to the civil claim are not deductible from the total amount awarded or accepted.


Apply for DIC compensation.

First you’ll need to fill out an application for benefits. The application you fill out will depend on your survivor status.


If you’re the surviving spouse or child of a service member who died while on active duty, your military casualty assistance officer will help you to complete an Application for DIC, Death Pension, and/or Accrued Benefits by a Surviving Spouse or Child (VA Form 21P-534a). The officer will help you mail the form to the correct VA regional office. Get VA Form 21P-534a to download.


If you’re the surviving spouse or child of a Veteran, fill out an Application for DIC, Death Pension, and/or Accrued Benefits (VA Form 21P-534EZ). Get VA Form 21P-534EZ to download.


 If you’re a surviving parent, fill out an Application for Dependency and Indemnity Compensation by Parent(s) (VA Form 21P-535). Get VA Form 21P-535 to download.


You can apply for this benefit in any of these ways:

  • Work with an accredited representative.
    Get help filing your claim
  • Use the QuickSubmit tool through AccessVA to upload your form online.
    Go to AccessVA to use QuickSubmit
  • Mail your form to this address:
    Department of Veterans Affairs
    Pension Intake Center
    PO Box 5365
    Janesville, WI 53547-5365
  • Go to a VA regional office and get help from a VA employee.
    Find a VA regional office near you


Should you submit an intent to file form?

You may want to submit an intent to file form before you apply for DIC benefits. This can give you the time you need to gather your evidence while avoiding a later potential start date (also called an effective date). When you notify VA of your intent to file, you may be able to get retroactive payments (payments that start at a point in the past).

Find out how to submit an intent to file form

Survivors (Death) Pension with Aid and Attendance

What Is Survivors Pension with Aid and Attendance?

Survivor's pension is a benefit paid to eligible surviving dependents of deceased wartime veterans.


Who Is Eligible?

You may be eligible if at least one of the following are true:

  • The Veteran entered active duty on or before September 7, 1980, and served at least 90 days on active military service, with at least 1 day during a covered wartime period*, or
  • The Veteran entered active duty after September 7, 1980, and served at least 24 months or the full period for which they were called or ordered to active duty (with some exceptions), with at least 1 day during a covered wartime period or
  • The Veteran was an officer and started on active duty after October 16, 1981, and hadn’t previously served on active duty for at least 24 months

*Wartime periods recognized by the VA:

Under current law, the VA recognizes these wartime periods to decide eligibility for pension benefits:

  • Mexican Border period (May 9, 1916, to April 5, 1917, for Veterans who served in Mexico, on its borders, or in adjacent waters)
  • World War I (April 6, 1917, to November 11, 1918)
  • World War II (December 7, 1941, to December 31, 1946)
  • Korean conflict (June 27, 1950, to January 31, 1955)
  • Vietnam War era (November 1, 1955, to May 7, 1975, for Veterans who served in the Republic of Vietnam during that period. August 5, 1964, to May 7, 1975, for Veterans who served outside of the Republic of Vietnam.)
  • Gulf War (August 2, 1990, through a future date to be set by law or presidential proclamation)


Net worth limit to be eligible for Survivors Pension Benefits.

From December 1, 2021, to November 30, 2022, the net worth limit to be eligible for Survivors Pension benefits is $138,489.


On October 18, 2018, we changed the way we assess net worth to make the pension entitlement rules clearer. Net worth includes your assets and annual income. When you apply for Survivors Pension benefits, you’ll need to report all of your assets and income.


Note: If your child's net worth is more than the net worth limit, we don't consider them to be a dependent when we determine your pension.


Read our definitions below:


Assets

Assets include the fair market value of all your real and personal property, minus the amount of any mortgages you may have. “Real property” means any land and buildings you may own. Your personal property assets include any of these items:

  • Investments (like stocks and bonds)
  • Furniture
  • Boats


Assets don’t include:

  • Your primary residence (the home where you live most or all of the time)
  • Your car
  • Basic home items like appliances that you wouldn’t take with you if you moved to a new house


Read more about how we define "assets"


Annual income

Annual income is the money earned in a year from a job or from retirement or annuity payments. It includes any of these:

  • Salary or hourly pay
  • Bonuses
  • Commissions
  • Overtime
  • Tips


The VA will subtract certain expenses from your annual income when they assess net worth. They call these applicable deductible expenses. They include:

  • Educational expenses
  • Medical expenses you’re not reimbursed for

Read more about how we define “annual income”


An example of net worth and eligibility

If you had $121,000 in assets and $14,000 in annual income, then your net worth would be $135,000. This is less than the net worth limit of $138,489. So you would be eligible for Survivors Pension benefits.


How Much Does VA Pay?

VA pays you the difference between your countable income and the yearly income limit which describes your situation (see chart above). This difference is generally paid in 12 equal monthly payments rounded down to the nearest dollar.


Find your Maximum Annual Pension Rate (MAPR) amount

Date of cost-of-living increase: December 1, 2021
Increase factor: 5.9%
Standard Medicare deduction: Actual amount will be determined by SSA based on individual income.


For qualified surviving spouses with at least 1 dependent:

If you have 1 dependent child and...

You don't qualify for Aid and Attendance benefits - $12,951

You qualify for Housebound benefits - $15,144

You qualify for Aid and Attendance benefits - $18,867


Notes:

  • The Survivor Benefit Plan (SBP)/Minimum Income Annuity (MIW) limitation is $9,896.
  • If you have more than 1 child, add $2,523 to your MAPR amount for each additional child.
  • If you have a child who works, you may exclude their wages up to $12,950.
  • If you have medical expenses, you may deduct only the amount that’s above 5% of your MAPR amount ($647 for a surviving spouse with 1 dependent).


For qualified surviving spouses with no dependents:

If you have no dependents and...

You don't qualify for Housebound or Aid and Attendance benefits - $9,896

You qualify for Housebound benefits - $12,094

You qualify for Aid and Attendance benefits - $15,816


Notes:

  • The Survivor Benefit Plan (SBP)/Minimum Income Annuity (MIW) limitation is $9,896.
  • If you have medical expenses, you may deduct only the amount that’s above 5% of your MAPR amount ($494 for a surviving spouse with no dependent child).


For qualified surviving children:

If you're....

A qualified surviving child - $2,523


How to apply for VA Survivors Pension.


With the help of a trained professional

You can work with a trained professional called an accredited representative to get help applying for VA survivors pension benefits.

Get help filing your claim


Online

Use the QuickSubmit tool through AccessVA to upload your form online.

Go to AccessVA to use QuickSubmit


By mail

Fill out an Application for DIC, Death Pension, and/or Accrued Benefits (VA Form 21P-534EZ).

Get VA Form 21P-534EZ to download

Mail your completed application to this address:

Department of Veterans Affairs
Pension Intake Center
PO Box 5365
Janesville, WI 53547-5365


In person

Bring your application to a VA regional office near you.

Find a VA regional office near you

Learn about the evidence you’ll need to support your claim


Should I submit an intent to file form?

You may want to submit an intent to file form before you apply for VA Survivors Pension benefits. This can give you the time you need to gather your evidence while avoiding a later potential start date (also called an effective date). When you notify us of your intent to file, you may be able to get retroactive payments (payments that start at a point in the past).

Find out how to submit an intent to file form


How long does it take VA to make a decision?

It depends. The VA process VA Survivors Pension claims in the order they receive them, unless a claim requires priority processing.


Accrued Benefits

 A claim for survivor pension by any class of dependent is ALWAYS also a claim for DIC, as well as for any available accrued benefits. Accrued benefits would include any claim (whether formal, informal, or inferred) that was pending and unresolved at the time of the veteran's death, or any recurring benefit that was due but not paid at the time of the veteran's death (such as when a claim was approved but the veteran died before the initial check was issued, or when the initial check was issued but the veteran died before negotiating it). If more than one class of dependents applies, the order of precedence for accrued benefits is (1) surviving spouse and (2) children (in equal shares). If accrued benefits are authorized, they may not be paid for any retroactive period exceeding two years prior to the month of the veteran's death. 

CHAMPVA

This is a health insurance program available to totally disabled veterans and their dependents or to dependents of veterans who died from service-connected disability. There are no premiums associated with this insurance, however co-pays for services must be paid. For eligibility under this program, the veteran-sponsor must be one of the following:


  • Be rated permanently totally disabled from service-connected disability;
  • Have died on active duty, in line of duty;
  • Have died from a service-connected disability; or
  • Have been rated service-connected and permanently totally disabled at the time of death from any cause not willful misconduct,


Eligible persons include the veteran's spouse or surviving spouse, minor children under age 18. children between the ages of 18 and 23 who are attending an approved school, and children over age 18 who have been determined to be permanently incapable of self-support ('helpless').


Dependents of retired or other military personnel who are eligible for health care coverage under TRICARE (formerly called CHAMPUS) are not eligible for coverage under CHAMPVA. With the implementation of the CHAMPVA for life program, begun October 2001, persons who turn age 65 do not lose eligibility to the CHAMPVA program as long as they continue to carry the Medicare Part B coverage.


Claimant's who have insurance coverage other than Medicare Parts A & B, will have to complete the required form to inform CHAMPVA. A that time CHAMPVA will pay as a tertiary provider. CHAMPVA will cover most health care services and supplies that are considered medically or psychologically necessary. In general, a covered person under CHAMPVA may seek treatment from any licensed health care provider at any licensed medical facility, including from many VA medical facilities. CHAMPVA administration, including applications and claims, is centralized to the VA Health Administration Center, Denver, Colorado.


The CHAMPVA Meds By Mail Program allows eligible CHAMPVA members to obtain their prescriptions via a mail order pharmacy service at no cost to the beneficiary (co-payments are waived). To participate in Meds By Mail, have a physician write a new prescription for a 90-day supply plus refills (not to exceed one "1" year) Attach the original prescriptions to a completed Meds By Mail order fon-n and mail to the Cheyenne, Wyoming CHAMPVA processing center.

Factors that impact CHAMPVA eligibility for a spouse include:


  • Termination of marriage (as of midnight on the effective date)
  • Marriage annulment (as of midnight on the effective date)
  • Remarriage of a surviving spouse (as of midnight on the effective date)
  • Eligibility for TRICARE or TRICARE For Life


Factors that impact CHAMPVA eligibility for a CHILD include:


  • Reaching 18 years of age or age 23 if a full-time student (as of midnight on the birth date)
  • No longer a Full-Time student after age 18 (as of midnight on the birth date)
  • Marriage (as of midnight on the effective date)
  • Eligibility for TRICARE (as of midnight on the effective date)
  • Stepchild is no longer a member of the sponsor's household

Home Loan Guaranty

A VA-guaranteed loan can be used to:


  • buy a home, a manufactured home, or a condominium
  • buy a lot for a manufactured home
  • build, repair, or improve a home (including energy efficient improvements)
  • refinance an existing loan

A VA-guaranteed loan offers a number of safeguards and advantages over a non VA-guaranteed loan. For example, the interest rate is competitive with conventional rates with little or no down payment required. VA-guaranteed loans are made by private lenders, such as banks, savings and loan associations, and mortgage companies. As with any loan, you must apply directly to the lender. Your real estate broker can assist you in finding a lender.

When the loan is approved, VA will guarantee part of it. The amount of VA's guaranty usually depends on the size of the loan. This guaranty protects the lender against loss up to the amount guaranteed by VA. The largest guaranty that VA can give is an amount equal to 25% of the Freddie Mac conforming loan limit for single-family residences. These limits are subject to change each year.


Who Is Eligible?

Generally, the following persons are eligible:


  • veterans who were discharged since 9/16/40, under other than dishonorable conditions
  • military personnel on active duty who have served a minimum period
  • certain Reservists and National Guard members
  • surviving spouses of certain deceased veterans

What Documents Do I Need to Provide the Lender To Receive a VA-Guaranteed Loan?

The lender will need a Certificate of Eligibility to prove that you are eligible for a VA-guaranteed loan. Certificates are issued by VA's Loan Eligibility Center in Winston-Salem, North Carolina to eligible persons who apply for the certificate. The Eligibility Center can be reached by calling toll-free below. Often times, your lender may be able to access VA's secure web site and obtain a certificate for you.


How Can You Apply?

You can apply by requesting your lender to obtain a certificate for you through VA's secure web site OR by completing one of the following forms and submitting it to the Loan Eligibility Center in Winston-Salem, North Carolina.


  • Veteran/Servicemember: VA Form 26-1880, Request for a Certificate of Eligibility for VA Home Loan Benefits
  • Surviving Spouse: VA Form 26-1817, Request for Determination of Loan Guaranty Eligibility – Unmarried Surviving Spouse.

Other VA benefits for spouses, dependents, survivors, and family caregivers

As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training. As the survivor of a Veteran or service member, you may qualify for added benefits, including help with burial costs and survivor compensation.


If you’re caring for a Veteran, you may also be eligible for support to help you better care for the Veteran—and for yourself. Find out which benefits you may qualify for and how to access them.


You can find additional information about the following topics at this link.

  • Benefits for spouses, dependents, and survivors
  • Support and services for caregivers of Veterans
  • More resources for those supporting a Veteran or service member
  • Help a Veteran find benefits


Social security benefits

For the Survivor

Just as you plan for your family's protection if you die, you should consider the Social Security benefits that may be available if you are the survivor — that is, the spouse, child, or parent of a worker who dies. That person must have worked long enough under Social Security to qualify for benefits.


How Your Spouse Earns Social Security Survivors Benefits

A worker can earn up to four credits each year. In 2022, for example, your spouse can earn one credit for each $1,510 of wages or self-employment income. When your spouse has earned $6,040 they have earned their four credits for the year.


The number of credits needed to provide benefits for survivors depends on the worker's age when they die. No one needs more than 40 credits (10 years of work) to be eligible for any Social Security benefit. But, the younger a person is, the fewer credits they must have for family members to receive survivors benefits.


Some survivors can get benefits if the worker has credit for one and one-half years of work (six credits) in the three years just before their death. Each person’s situation is different and you need to talk to one of our claims representatives about your choices.

When a Family Member Dies

Notify the Social Security Administration as soon as possible when a person dies. However, you cannot report a death or apply for survivor's benefits online. In most cases, the funeral home will report the person's death to the SSA. You should give the funeral home the deceased person's Social Security number if you want them to make the report. Do not do this in the Philippines. If you need to report a death or apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778). You can speak to a SSA representative between 8:00 am - 7:00 p,, Monday through Friday. You can also contact your local SS office if you are in the United States.


Does the SSA pay death benefits?

A one-time lump-sum death payment of $255 can be paid to the surviving spouse if they were living with the deceased. If living apart, they were receiving certain Social Security benefits on the deceased’s record.


If there is no surviving spouse, the payment is made to a child who is eligible for benefits on the deceased’s record in the month of death.


What happens if the deceased received monthly benefits?

If the deceased was receiving Social Security benefits, you must return the benefit received for the month of death and any later months. 


For example, if the person died in July, you must return the benefits paid in August. How you return the benefits depends on how the deceased received benefits:


  • For funds received by direct deposit, contact the bank or other financial institution. Request that any funds received for the month of death or later be returned to us.
  • Benefits received by check must be returned to us as soon as possible. Do not cash any checks received for the month in which the person dies or later.


Who receives benefits?

Certain family members may be eligible to receive monthly benefits, including:

  • A widow or widower age 60 or older (age 50 or older if they have a disability).
  • A surviving divorced spouse, under certain circumstances.
  • A widow or widower at any age who is caring for the deceased’s child who is under age 16 or has a disability and receiving child’s benefits.
  • An unmarried child of the deceased who is one of the following:
    • Younger than age 18 (or up to age 19 if they are a full-time student in an elementary or secondary school).
    • Age 18 or older with a disability that began before age 22.


Eligibility for other family members.

Under certain circumstances, the following family members may be eligible:

  • A stepchild, grandchild, step grandchild, or adopted child.
  • Parents, age 62 or older, who were dependent on the deceased for at least half of their support.

NOTE: Eligible family members may be able to receive survivors benefits for the month that the beneficiary died.

Widow or Widower

If you are the widow or widower of a person who worked long enough under Social Security, you can:


  • Receive reduced benefits as early as age 60.

Note: If you qualify for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62.

  • Begin receiving benefits as early as age 50 if you have a disability and the disability started before or within 7 years of the worker's death.

Note: If a widow or widower who is caring for the worker's children receives SS benefits, they're still eligible if their disability starts before those payments end or within seven years after they end. 

  • Receive survivors benefits at any age, if you have not remarried and you take care of the deceased worker's child who is under age 16 or has a disability and receives child’s benefits.

If you remarry after you reach age 60 (age 50 if you have a disability), your remarriage will not affect your eligibility for survivors benefits.


  • A widow, widower, or surviving divorced spouse cannot apply online for survivors benefits. You should contact us at 1-800-772-1213 to request an appointment. If you are deaf or hard of hearing, call our TTY number at 1-800-325-0778.
  • If you wish to apply for disability benefits as a survivor, you can speed up the disability application process if you complete an Adult Disability Report and have it available at the time of your appointment.
  • We use the same definition of disability for widows and widowers as we do for workers.


A few other situations:


  • If you already receive benefits as a spouse, your benefit will automatically convert to survivors benefits after we receive the report of death.
  • If you are also eligible for retirement benefits, but haven't applied yet, you have an additional option. You can apply for retirement or survivors benefits now and switch to the other (higher) benefit later.
  • For those already receiving retirement benefits, you can only apply for benefits as a widow or widower if the retirement benefit you receive is less than the benefits you would receive as a survivor.

Note: If you became entitled to retirement benefits less than 12 months ago, you may be able to withdraw your retirement application and apply for survivors benefits only. If you do that, you can reapply for the retirement benefits later when they will be higher.



Surviving Divorces Spouse

If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. 


Benefits paid to you as a surviving divorced spouse won't affect the benefit amount for other survivors getting benefits on the worker's record.


If you remarry after you reach age 60 (age 50 if you have a disability), the remarriage will not affect your eligibility for survivors benefits.


If you are caring for a child under age 16 or who has a disability and the child get benefits on the record of your former spouse, you would not have to meet the length-of-marriage rule. The child must be your former spouse's natural or legally adopted child.

Note: If you qualify because you have the worker's child in your care, your benefit will affect the amount of the benefits of others on the worker's record.

Minor or Child with a Disability

 

If you are the unmarried child under age 18 of a worker who dies, you can be eligible to receive Social Security survivors benefits. You can also be eligible, if you are up to age 19 and attending elementary or secondary school full time.


And you can get benefits at any age if you have a qualifying disability that began before age 22 and remains the same.


Besides the worker's natural children, their stepchildren, grandchildren, step grandchildren, or adopted children may receive benefits under certain circumstances.

For Your Parents

If you are the dependent parent, who is at least age 62, of a worker who dies, you may be eligible to receive Social Security survivors benefits.


You must have been receiving at least half of your support from your working child. Also, you must not be eligible to receive a retirement benefit that is higher than the benefit we could pay on your child’s record. Generally, you must not have married after your deceased adult child’s death. However, there are some exceptions.


Besides being the natural parent, you could also be the stepparent, or the adoptive parent if you became the deceased worker’s parent before he or she was age 16.

Survivors Benefit Amount

Your survivors benefit amount is based on the earnings of the person who died. The more they paid into Social Security, the higher your benefits would be.


These are examples of the benefits that survivors may receive:


  • Widow or widower, full retirement age or older — 100% of the deceased worker's benefit amount.
  • Widow or widower, age 60 — full retirement age — 71½ to 99% of the deceased worker's basic amount.
  • Widow or widower with a disability aged 50 through 59 — 71½%.
  • Widow or widower, any age, caring for a child under age 16 — 75%.
  • A child under age 18 (age 19 if still in elementary or secondary school) or who has a disability — 75%.
  • Dependent parent(s) of the deceased worker, age 62 or older receive:
    • One surviving parent — 82½%.
    • Two surviving parents — 75% to each parent.


Percentages for a surviving divorced spouse 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 between 150% and 180% 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.


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 before age 60 (age 50 if you have a disability), you cannot receive benefits as a surviving spouse while you are married.
  • If you remarry after age 60 (age 50 if you have a disability), you will continue to qualify for benefits on your deceased spouse's Social Security record.

Note: If your current spouse is a Social Security beneficiary, you may want to apply for spouse's benefits on their record. If that amount is more than your widow's or widower's benefit, you will receive a combination of benefits that equals the higher amount.

  • If you receive benefits as a widow, widower, or surviving divorced spouse, you can switch to your own retirement benefit as early as age 62. This assumes you are eligible for retirement benefits and your retirement rate is higher than your rate as a widow, widower, or surviving divorced spouse.
  • In many cases, a widow or widower can begin receiving one benefit at a reduced rate and allow the other benefit amount to increase.
  • If you will also receive a pension based on work not covered by Social Security, such as government or foreign work, your Social Security benefits as a survivor may be affected.

A Special Lump-Sun Payment

A surviving spouse or child may receive a special lump-sum death payment of $255 if they meet certain requirements.


Generally, the lump-sum is paid to the surviving spouse who was living in the same household as the worker when they died. If they were living apart, the surviving spouse can still receive the lump-sum if, during the month the worker died, they met one of the following:


  • Were already receiving benefits on the worker's record.
  • Became eligible for benefits upon the worker's death.

If there's no eligible surviving spouse, the lump-sum can be paid to the worker's child (or children) if, during the month the worker died, the child met one of the following:

  • Was already receiving benefits on the worker's record.
  • Became eligible for benefits upon the worker's death.

If the eligible surviving spouse or child is not currently receiving benefits, they must apply for this payment within two years of the date of death.


For more information about this lump-sum payment, contact your local Social Security office or call 1-800-772-1213 (TTY 1-800-325-0778).

Requirements for a Non-US Spouse to Receive Social Security Benefit

The rules surrounding Social Security benefits for non-US persons are complicated. The exact requirements can vary depending on which country you’ve chosen for your new home.


However, there are some general rules to be aware of.


In order for your foreign spouse to claim Social Security benefits…

  • You must have contributed to Social Security for at least 10 years. (Your spouse is not required to have a history of contributing.)
  • Your spouse must be at least 62 years old.
  • Your spouse cannot be a resident of Cuba or North Korea. (Although, if they have been a resident of Cuba or North Korea, they can receive Social Security back payments once they become residents of a different country.)
  • Payments generally also cannot be sent to certain other foreign countries, such as Belarus and Uzbekistan. For a full list of countries that restrict Social Security payments from the US, please see the Social Security Administration Website and read the following PDF reference from the SSA, "Securing today and tomorrow, Your Payments While Outside the U.S."


Again, the rules for claiming Social Security benefits can vary quite a bit depending on where you and your spouse live. For more information, we recommend consulting a qualified expat tax professional.

Survivor's / executor's guide

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Survivor's / executor's guide

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