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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20401
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My husband was a Vietnam war vet serving 2 tours during war

Customer Question

My husband was a Vietnam war vet serving 2 tours during war time. He died suddenly 12/24/2006 at the age of 52 of a massive coronary. I was 43 at the time and on Disability. What are the requirements to receive Widows Pension? Everyone keeps telling me that I should have received benefits. We lived together for 6 yrs and were legally wed for 10 yrs. Please help!
JA: Does the disability limit any major life activities?
Customer: Absolutely!!
JA: Is the employment "at will," union, full time, or part time?
Customer: I am unable to work at all. I was on Disability for several years before my husband passed away and I lost my house because I didn't have the money for my medical bills/or medications, much less a mortgage.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am still struggling to pay my bills. I am on Medicare due to Disability and on Medicaid which I have to be in a program called CCSP to qualify for Medicaid meaning that I have to pay to receive Medicaid.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 3 months ago.

Hello,

Thank you for the information and your question. If you are asking about what VA benefits you might qualify for, there is no "Widows" Pension since we have, for decades, had female Veterans who have spouses as well. However, depending on the specific facts of your situation you may qualify for both, or one, of the following monetary payments from the Veterans' Administration: Dependency and Indemnity Compensation (DIC) and/or Survivor's Pension.

There are some very detailed eligibility requirements that you can review at the following link. But the best way to know what you will qualify for is to apply and let the VA make the determination. However, this link gives you a very good idea of the requirements of both of those monetary benefits, as well as other non-monetary benefits that might be available to you. The link is: https://www.va.gov/opa/persona/dependent_survivor.asp

Please feel free to ask follow up questions if you have them after you have reviewed the information at the link. If you have none, then if you could take a moment to send a reply that I have covered your question and also leave a positive rating of my efforts to provide you with the information you asked for, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 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.