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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26349
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a widow that has been trying to get answers

Resolved Question:

I am a widow that has been trying to get answers to questions. I've been tooakland to the office there and they had me get military records for my deceased husband and medical records when he retired. now I can't even get them to return calls and I have tried several times. I just found out onmy own andneighbors that I have tri care for life. I'm wondering why I never rcv his life insurance and why I am not entitiled for his pension. Maybe you can help He has been deceased sinde 1995 and still no one has contacted me.. Helen XXX

Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am, a service members military retired pay ends when the member dies.

This is by law...there is no way to stop that.

Now...there is an insurance program that can help provide a pension to a widow...this program is called SBP (survivor benefit program). Can you tell me, did your spouse pay his insurance?

Customer: replied 1 year ago.

In answer to your question I have no idea. He never kept me informed on that

He didnot talk any military to me. I never saw the papers. Every one else rcvs I guess it was the SBP. iT SEEMS NO ONE CANHELPME.

 

hELEN XXXXX

 

Expert:  P. Simmons replied 1 year ago.
Ma'am can you tell me, how long ago did he die?
Customer: replied 1 year ago.

He died ion 1995 Helen XXXX

Expert:  P. Simmons replied 1 year ago.
Ma'am if he died on 95, did you contact DFAS (military pay) to determine if he had paid for SBP? Did he pay for SBP?
Customer: replied 1 year ago.
No. I didnot know to do. As. I said. I was never contacted. So did know I had to

Helen loyd
Expert:  P. Simmons replied 1 year ago.
Ma'am after waiting so long, you have an uphill battle. But it is not insurmountable.

But first some background information...

If he was retired, on his death his pension ends. That is true for every retired veteran. The pension ends with the death of the veteran.

Now, the military has an insurance program, called SBP, that allows a retired veteran to purchase financial protection for their dependent. This insurance program must be elected and paid for...it is deducted from their retired pay.

If he had sbp, if you file this form

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2656-7.pdf

And mail it to DFAS


DFAS - U.S. Military Annuitant Pay
P.O. Box 7131
London, KYNNN-NN-NNNN
Fax: (NNN) NNN-NNNN

They can process the claim and start to pay you the insurance.

But this assumes he had SBP.

Since this was almost 10 years back, it may be you do not have records....but if you do, take a look at his most recent retired pay stub...if it shows a deduction for SBP? That means he had it (and you rate it). If it is not listed, then it means he did not elect this insurance plan (so you would not be able to collect)

You can contact DFAS yourself and ask them to check if he had SBP. You can call them at
(NNN) NNN-NNNN

I would call them and ask...see if he had SBP. Or you can file the form I linked to you and apply for it straight away

Again, they can not pay you unless he had elected and paid for the insurance...but if he did? You rate an annuity and you need to apply to get it


Please let me know if you have more questions...happy to assist if I can

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26349
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you

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