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I was trying to find out about my dad's retirement from the…

Customer Question
Good evening I...

Good evening I was trying to find out about my dad's retirement from the US Army he was in the US Army for 36 1/2 years and had the survivors benefit plan my mother passed away nine months before my dad now I am wondering who can collect that survivors benefit plan that my dad has paid into all those years thank Yogyakarta Dora Cox

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No they just told me at DFAS whatever the name of it is that I was not entitled to it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Has the lawyer ever done any cases like this did he ever win any because everybody has told me you can't fight the army for that money but my dad spent 36 1/2 years serving the United States of America and he paid all that money in to help protect my mother when something happened to my dad but my mom passed first so the family feels that the family should be getting the money that my dad had already spent that came Ou

Submitted: 10 months ago.Category: Military Law
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Answered in 2 hours by:
10/5/2017
Military Lawyer: Edward Young,
 replied 10 months ago
Edward Young
Category: Military Law
Satisfied Customers: 569
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.​

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Military Lawyer: Edward Young,
 replied 10 months ago

First, I am so sorry about the passing of your parents. My father retired after 30 years in the Air Force so I appreciate both your father’s service and your sacrifice.

Second, under current law, the only dependents who are entitled to your dad’s Survivor Pension are those children of a deceased wartime Veteran who are:

  • Under 18, OR
  • Under age 23 if attending a Veteran’s Administration (VA)-approved school, OR
  • Permanently incapable of self-support due to a disability before age 18

Your yearly family income must be less than the amount set by Congress to qualify for the Survivors Pension benefit. Learn more about income and net worth limitation, and see an example of how VA calculates the Survivors Pension benefit here: https://www.benefits.va.gov/PENSION/spousepencalc.asp

Under current law, VA recognizes the following wartime periods to determine eligibility for VA Pension benefits:

  • Mexican Border Period (May 9, 1916 – April 5, 1917 for Veterans who served in Mexico, on its borders, or adjacent waters)
  • World War I (April 6, 1917 – November 11, 1918)
  • World War II (December 7, 1941 – December 31, 1946)
  • Korean conflict (June 27, 1950 – January 31, 1955)
  • Vietnam era (February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975)
  • Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation)

I don’t know whether this helps you or not. Here is another link which contains information about support for the dependents: https://www.va.gov/communitycare/site_redirect.asp

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Military Lawyer: P. Simmons, Military Lawyer replied 10 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,673
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different expert here...did you still have questions regarding this?

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