Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I am a widow that has been trying to get answers

I am a widow that...

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

Show More
Show Less
Ask Your Own Military Law Question
Answered in 58 minutes by:
7/15/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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?

Ask Your Own Military Law Question
Customer reply replied 4 years 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

 

Ma'am can you tell me, how long ago did he die?
Ask Your Own Military Law Question
Customer reply replied 4 years ago

He died ion 1995 Helen XXXX

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?
Ask Your Own Military Law Question
Customer reply replied 4 years ago
No. I didnot know to do. As. I said. I was never contacted. So did know I had to

Helen loyd
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
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
35,690 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,690 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
This may or may not apply to military law but at this point
This may or may not apply to military law but at this point I have to start some where. My daughter is currently deployed with the US Navy and her husband is missing in the state of California (wither… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Give info on 3 widows law suit with. DFAS. Kansas and saw it
Kansas and saw it on the Military Law web. The 3 widows won the case … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Can DFAS garnish my CRSC for payment of unpaid SBP preminum.
Can DFAS garnish my CRSC for payment of unpaid SBP preminum … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My husband's ex-wife is entitled to SBP benefits should he
My husband's ex-wife is entitled to SBP benefits should he predecease her. My question is, should, God forbid, my husband die before me, do I qualify for DIC? he is 100% permanently disabled. I am rea… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
I received a letter from DFAS indication they couldn't
Hi - I received a letter from DFAS indication they couldn't process my application for payment of a portion of my ex's military pension because they needed a clarifying order "by means of a formula wh… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My wife and I are both over 65. I have a SBP for her. Am I
My wife and I are both over 65. I have a SBP for her. Am I correct that there is no longer an offset on social security and she will receive the SS benefits she is now receiving in addition to her SBP… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Is there any military law or time frame to get remarry while
Is there any military law or time frame to get remarry while in the service? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I have a debt to large DFAS for military overpayment. I have
Hello, I have a debt to large DFAS for military overpayment. I have had a very difficult and stressful time maintaining contact with DFAS to know how to repay my debt. I am looking for someone who can… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
Do you guys deal with military law expunction? no,
Do you guys deal with military law expunction? JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command? Customer: no JA: Are you overseas or stateside? Customer: stateside … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
How come military law enforcement do not have to provide a
How come military law enforcement do not have to provide a copy of a search warrant to the subject until after an investigation is complete? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
I have a military law question. I am a Veteran who was
I have a military law question. I am a Veteran who was discharged without a service connection disability even though I had a disability. … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Do you think DFAS would pay former same sex partner directly
Do you think DFAS would pay former same sex partner directly if there was a court order requiring the separation of retired pay even though we weren't married? … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I am a surving spouse currently receiving SBP and DIC. As I
I am a surving spouse currently receiving SBP and DIC. As I plan for retirement, will I still receive these benefits when I begin receiving my own social security benefits? I also currently receive th… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Forgive for my question not having to do with military law.
Please forgive for my question not having to do with military law. I am trying to find out who is the Army Procurement Officer or Buyer. Phelps Composite Towers provides 110' & 150' Aerial Platform Fi… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
How can I find out if former spouse coverage (SBP) deadline
How can I find out if former spouse coverage (SBP) deadline was missed? I was informed it was filed years ago, but how do I confirm?I've been divorced for 12 years. SBP was selected at retirement and … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Thanks I just need clarification on the military law
thanks I just need clarification on the military law applicable to alimony. I was married 10 years and divorced my first wife on active duty. Is she entitled to a portion of my retirement for life or … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I left the Navy in 2015 under a "reduction in force" DFAS
I left the Navy in 2015 under a "reduction in force" DFAS has sent a collection notice via the US Treasury dept for an overpayment in my separation bonus. This is the first I am hearing about this (in… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My ex added me to his SBP after our divorce. The dfas has
My ex added me to his SBP after our divorce. The dfas has sent me a payment plan and a log in for the my pay site but every time I check it is pushed back a month. Ex husband passed in aug. what can I… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x