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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20122
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I am married to a retired US air force but he died after 5

Customer Question

I am married to a retired US air force but he died after 5 moths of our marriage Am I qualified to receive an annuity benefits ? I applied already after his death but been denied for the reason that we been married for less than a year . is it under military law? Thank you in advance
Submitted: 12 months ago.
Category: Military Law
Expert:  Marsha411JD replied 12 months ago.

Hello,

Thank you for the information and your question and I am sorry for your loss. Unfortunately, even if your husband elected the SBP annuity after you were married, it does not take effect until the 1 year anniversary of marriage. So, there was no payment made by him for the annuity or eligibility on your part for it as you had not reached the 1 year mark. This is Federal law found in Title 10 Chapter 73.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 12 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 25th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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