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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34938
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am confused about the information I am receiving regarding

Customer Question

I am confused about the information I am receiving regarding a military widow must remarry at age 57 to receive full benefits. I have had to sign documents stating I have not remarried to receive benefits until now. What benefit is being with held for remaining single?
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I have been to 2 military bases in the past month, they have heard about it but were not able to give me definitive info
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything at this time
Submitted: 2 months ago.
Category: Military Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

I fear that there is some confusion here...there is no "penalty" to remain single...just a moment and I can type up what the law is...

Customer: replied 2 months ago.
Thank you
Expert:  P. Simmons replied 2 months ago.

As a general rule, widow benefits from both the DoD (department of defense) and the VA (department of veterans affairs) end when they remarry.

That said, a Supreme court case from 20 + years ago held that if the widow remarries after the age of 57, they will not terminate the benefits.

So the rule is you keep benefits if you remarry after age 57...not that you have to remarry to get benefits.

Whomever told you otherwise was mistaken

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
July 2 I received info from the Gold Star Wives saying they are withholding DIC benefit if you remain single and it affects 54,000 widows. I went to two casualty officers on 2 bases and they said they had heard of it but a widow w this problem had not come in and it was only a week after the info came out so they weren't fully informed on it
Expert:  P. Simmons replied 2 months ago.

Again, DIC ends of you remarry PRIOR to 57. But they do not take the benefit away simply for remaining single...that would be silly (and agains the law(

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
Ok thank you
Expert:  P. Simmons replied 2 months ago.

Certainly. Please take the time to rate the answer so I may receive credit for my work

Thank you
Phil

Expert:  P. Simmons replied 2 months ago.
Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.Do you have more questions regarding this?Thanks for your understanding
Phil