“Absolutely ridiculous!”
November 16th, 2009 by MOTHAX
Imagine you spend the better part of your adult life with your soul mate. You marry and have children, and your spouse completes his/her military service. Your spouse was always very responsible, so during service sets aside a portion for the Survivor Benefits Plan. Then your spouse dies from a service-connected condition.
Now imagine that there is a law that says you have to marry again after age 57, or risk losing some of the money put into the savings plan. I know, too absurd to even think about, right? Unfortunately, that is the law of the land.
Nona Chubboy’s husband, an officer in the Navy, paid the premiums on a government insurance policy for years, expecting it to help his wife if he died.
Her husband, Louis, died of cancer linked to military atomic testing. But the only way Chubboy can collect the benefit is to do something she finds disloyal to her spouse’s memory.
The Tierra Verde woman would have to remarry. In a seemingly absurd quirk of federal laws on death benefits, up to 54,000 military widows and widowers around the nation are losing up to $13,000 a year in death benefits unless they take another walk down the aisle after age 57.
I don’t generally like to include too much of an article in a post, but this time I need to do so in order to more fully explain it.
The dispute involves monthly payments from two government programs that pay benefits to the surviving spouses or children of veterans: the Survivor Benefit Plan and the Dependency and Indemnity Compensation program. The DIC is administered by the VA and pays the spouse of a veteran who dies on active duty or of a service-connected illness or injury after retirement from the military. The SBP, administered by the Pentagon, is akin to a life insurance annuity paid to the spouse or children of active-duty troops or veterans who die for any reason.
Active-duty troops are automatically covered by SBP. But when they retire, they must opt to stay in the program and pay premiums. The government, however, has long barred spouses from collecting both benefits at the same time, regardless of age or marital status. So Uncle Sam subtracts whatever a spouse was owed under the DIC from the payment owed under the SBP — a loss of $1,154 a month for most spouses.
Here’s where it gets even more confusing. Congress passed a law in 2003 that said the surviving spouses of veterans could collect both SBP and DIC at the same time. But there was one condition: Spouses could only do so if they remarried after age 57.
Congress was trying to fix an unrelated problem: DIC payments stopped if a spouse remarried.
The bottom line: The only way to get both benefits is to find a new spouse after your 57th birthday.
Anyway, go to http://www.tampabay.com/news/military/veterans/vets-spouses-lose-a-death-benefit-by-staying-single/1051849 to read the full article.
SBP and DIC are two separate things, for two separate purposes. The offset is an abomination that needs to end. And this little loophole really makes me mad. If I spend my life with someone, and I suddenly lost that person, I doubt I could find it in me to marry someone else. I haven’t even gotten to the point where I can get a new dog after my last one. I’m just not strong enough to risk further loss. But to punish someone for that doesn’t seem a legitimate goal of our Gov’t. Tell me I’m wrong, but it seems to me the height of absurdity.
To join this discussion go to http://burnpit.legion.org/2009/11/absurd-the-sbpdic-offset-and-re-marriage/
I am one of the 54,000+ unremarried surviving military spouses with 100% DIC’SBP offset. A class-action lawsuit by all of us is the only thing will get this issue resolved in a timely manner!! The people we have elected to represent us in Congress could care less about this since the retirees are all deceased!! We don’t matter to anyone and our problems are always on the very bottom of the list!
The law that the VA passed in 2293 cayse two classes of widowers. It;s like saying because you are remarried after age 57 you get the benefits and the unmarried gey none. Apply this to benefits on a job male or female.
I don’t know if I am part of the women that is Unmarried with DIC’SBP offset. because my husband an I were only married for 5 yrs but together for 10 wonderful yrs. I receive DIC and medical for our daughter and myself and that’s bout it, It took me 9 years to find out I was lied too about qualifying for a VA home loan certificate and tax break on my house and a few other little things, I do know I don’t trust the VA to tell me the truth. so I do know that it is UNFAIR that Remarried DIC’SBP widows get this and the Unmarried DIC’SBP widows do not. because the VA is good at messing with peoples heads, the way I see it, the VA is saying because Unmarried DIC’SBP widows are faithful to there husbands memory they don’t deserve it. and that’s wrong.
I Have been a widow since 1995. I started receiving SBP immediately, was advised to apply for DIC, did, and it took 6 months for that to be approved. As soon as the approval came through, the full amount of SBP that I had received was deducted from the VA DIC backpay! Then I received no more SBP until the law was passed in 2008 – for $50.00 each month.
My question: Can widows in this situation now hope that one day we too will be able to receive our full SBP? And how soon?
Additionally, if I remarry now, will I be able to receive both?
The DAV played a key role in the case for the Military Widows who remarried after their 57th birthday and obtained the pro bono legal services from the law term of Weil, Gotshal & Manges BUT will not help the Military Widows who did not marry. They also got them retroactively ALL the funds they lost SBP (no offset) and the DIC, going back to 2004, from the DAV Magazine January/February 2010. But none of these organizations will help us! WE HAVE BEEN TRYING SINCE 1972–behind closed doors Congress and the Senate say we have no funds for YOU!
About 21,000 Military Widows had the same SBP (offset) to their DIC as the 500 + Remarried, who got help in the Courts by the DAV. There is a separation of State/Religion– why is marriage a religious sacrament being used as a discrimination rule to divide us. They Remarried but we didn’t–the rub is marriage. Were are the Americans out there that should be speaking out for us! The DAV should help us, as ALL the other organizations, they say they HONOR their sacrifices they made for Our Country why don’t they do something–it was started in1972 and CONGRESS put in the offset–they still say No funds behind closed doors!
I am one of the widows whose money is being stolen each month. I am paid $50 instead of the $870 I am owed each month. It is a slap in the face to my deceased husband’s service.
No other INSURANCE company would be permitted to refund premiums in lieu of paying out policy benefits as the Survivors Benefit Plan was allowed to do to us. This was a paid for insurance plan for survivors to receive 50% of their spouses retired pay after death.
DIC is a separate benefit based on a completely different criteria having nothing at all to do with SBP. The “offset” should have been ruled illegal at its first inception into law.
“Resolving” the injustice IN BAD FAITH as the government is now doing has now resulted in the now PREPOSTEROUS government demand that a widow remarry in order to be paid BOTH of the payments HER DECEASED HUSBAND earned and paid for her. That has nothing to do with any NEW husband and no new husband should be required to receive her legal entitlements.
If they can IMMEDIATELY find the money to pay her both sums if she remarries, then they can immediately find the money to pay her both if she DOESN’T. The excuse that there is “no money allotted” to pay what is OWED these widows is a RED HERRING pretext, a disingenuous mark of bad faith on the part of the government.
I have been a widow since 2006, and feel not only have I been lied too, our husbands were also and they are no longer alive to defend us or them. Not only is this illegal cancelation of a binding SBP ANNUITY plan politically motivated, (shifting funds) but it is terribly humiliating and humbling for us who had to sit by and watch our husbands die a painful terrible death. I know I speak for many Vietnam era widows when I say our husbands fought that war twice in there lifetime and we are treated little 4th class citizens. Some of us went through great financial burdens fighting with Tricare and VA for reimbursements of Medical, most of which we were never refunded to us. And some how those in congresssional positions (mostly California, New York and Pennsylvania) opposing SBP/DIC offset ilimination are they themselves being showered with federal benefits from multiple sources. One name jumps out the most Pelosi???? I don’t want to remarry and I am not asking for a hand out I am asking for what our husbands earned and sacraficed their lives for. I am ready for a class action suit. I have nothing more to lose.
I’m in total agreement with a class-action lawsuit. The widows should ‘fight’ for our spouses opting to ensure some financial security for their families through SBP. Over 50,000 widows filing a class-action lawsuit is sure to raise eyebrows in the media and congress. We can continue to sit year after year wishing and praying congress will do the right thing, or we can all band together and make our government correct this unthinkable wrong!
We can complain and remain or do something about it.
I’m in total agreement of a class-action lawsuit. Our spouses opted- in to purchase SBP to ensure some financial stability for their families. The SBP DIC offset has been a slap in the face to our deceased vets. We can either complain and remain or we can do something about it. A class-action lawsuit will bring attention to the media as well as forcing our government to take much needed action aganist this injutice!
I too am one of the 54000 surviving spouse’s. I have been a widow since 1980. Took me up to 2001 to get the VA to admit that my husband’s death was Service Connected. Each year they had ask for new evidence. What they use to rule his death to service connected they had all along. I never did give new evidence, as there wasn’t any.
Now to remarry after 30 years of widowhood to gain back my SBP, is totally ludicrous.
Wonder where the that school called Stupid is located. Don’t want my grandchildren going there. Obviously that’s where a lot of them in Washington, DC went.
And yes, if we widow’s are to get what is rightfully our’s, then we MUST all band together and get their attention. That means a trip to Washington, DC.
Ada L. Cauley
I am very thankful to this topic because it really gives useful information ‘;`
I am one of the URWs. ( Unremarried Widows). This has irked me for a long time. My husband paid into the SBP from 06/1973 until 09/2006. I don’t understand why the government would pay someone who remarried both the SBP and DIC. It seems that someone who remarried, should have more money than an old lonely widow. I also don’t see why a stranger should profit from my husband’s paid up SBP and his well deserved DIC. If there is anything that I can do to help overturn this, please let me know. ( I saw an article in this week’s Air Force Time that someone may try to introduce a bill…..)
I too am a Retired Veteran’s widow and have been widow for thirty years. It’s ludicrous that we widow’s should have to remarry in order to receive what our spouse’s paid for. SBP with insurance preminus. And DIC with their life.
I would like to know where that school called”‘Supid “is located. Don’t want anyone I know going there.
I, too, am a widow affected by the DIC/SBP offset. It’s been so discouraging to see a few state legislators try to pass bills to eliminate the offset only to have their efforts die in the senate and sabotaged by DoD.
I would be willing to join any class action suit. That is obviously the only chance we have.
Okay article. I just became aware of your blog and desired to say I have really enjoyed reading your opinions. Any way I’ll be subscribing in your feed and Lets hope you post again soon.
I, too, am a widow affected by the DIC/SBP offset. I would also join a class action suit to correct this mistake. In fact reading the above articles is the first I knew about the remarry requirement to receive both. I would not remarry to receive what I should be getting already.
I agree with all of the above comments. Would also join a class action suit.
I, too am one of the widows affected by this offset. It is a disgrace to our husbands service records and memories that we are treated this way.
My husband passed away 1997. VA and USAF immediately demanded the return of the Dec payments to him because he died in the “wrong” half of the month..(bear in mind as always he had conscientiously paid all the bills) there was just 420 dollars in our joint acct and they removed it demanding the return of the rest. I was not working, I had been at home caring for my husband for the past 4yrs.
It took them 5 long months to get my SBP and DIC payments started only to find what I got in DIC they removed from my SBP. It is not only morally wrong but stealing from widows and in effect double taxing as it were is legally wrong..
I would be more than willing to join any class action suit to redress the situation we have all lost enough without losing any more.
I too was married for 44+ years to a retired, 100% service connected disabled vet and for 7 years had to quit my job to take care of him but when he died I was denied the Survivors Benefit Plan half of his retirement pay I was entitled to because I qualified for DIC as the wife of a 100% disabled vet. We paid for that insurance on his pay! NOW they STEAL $800 A MONTH from me that I am due and pay me only $70 “special entitlement” INSTEAD of the $875 SBP I should be getting monthly. I should have asked the military to PAY FOR HIS CARE FOR 7 years instead of my quitting my job, doing it for free (and thereby reducing my later social security benefits because they say I “didn’t work” during those years!!
WHY DO THEY SAY IT IS “UNFUNDED” and there is “no money” to pay me the $875 a month I am legally entiteled to, benefits WE paid for WHEN THERE WOULD BE NO HESITATION TO PAYING THEM IMMEDIATELY IF I GOT REMARRIED. Why would there suddenly “be money” to pay me IMMEDIATELY if I remarried??
I am in agreement for ALL of us Widow’s to band together and get a Class Action Lawsuit in the works. Otherwise those in Office will continue to laugh their butt’s off at us for doing nothing. And continue to take away our benefits.
Any ideals where we should began, anyone?
Also, if anyone hasn’t heard of NAUS, please go to NAUS.org
You’ll be glad you did.
Very efficiently written article. It will be beneficial to everyone who employess it, including yours truly
. Keep doing what you are doing – can’r wait to read more posts.
I lost my husband in 2008 and I am 65. He paid into this SBP for 30 years. He was 100% disabled for 10 years and I took care of him and the only organ that was halfway working was his heart. When they refunded my SBP premiums, I didn’t recieve interest and was taxed at a single rate, I lost almost one third of the premiums to taxes. I left my job in the last three years because his conditions had worsened considerably and he was in and out of hospitals constantly. I was not able to draw his social security. I was thinking about getting a lawyer also but class action would be more powerful and would include retroactive payments hopefully. Thanks I thought I was the only one feeling this injustice.