Will My Spouse Get My Veterans Disability Benefits After My Death?

Do Spouses Receive Veterans Disability Benefits After Death?

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If you are a veteran, have provided an invaluable service to your country and you deserve to be taken care of, especially if you struggle with a service-related disability. If you receive veterans’ disability benefits, those benefits may be an essential source of financial support and stability for your family during a time when you are unable to work and earn an income as you otherwise would. It’s understandable then that you probably want to do all you can to ensure that you continue to receive those benefits for as long as possible. You may also wonder if your spouse will be entitled to continue receiving those benefits after your death. Let’s take a closer look at the law together.

A Look at the Law

If you are currently receiving veteran’s disability benefits, you likely already know that these benefits are intended for veterans who have a current physical or mental disability that was caused by their military service. In addition, those who receive these benefits must have been honorably discharged, and must have a disability that was not caused by willful misconduct. Benefits may cover a variety of conditions, and the monthly benefit amount is calculated depending upon the severity of the disability and a variety of other factors.

As a general rule, your spouse will not be able to receive your veterans’ disability benefits after you die. While this may seem unfortunate in some respects, the good news is that your spouse will likely not be entirely without support. There are other benefits that your spouse may receive, including a monthly benefit known as Dependency and Indemnity Compensation, or DIC for short.

DIC benefits are tax-free benefits which are paid to the spouse of a disabled veteran after they pass away. Additionally, these benefits are typically also available to family members of military men or women who pass away during active duty or training, even if they were not disabled prior to that time. Consulting with an attorney regarding your situation and whether or not your spouse may be able to receive these benefits is always advised.

What Other Benefits May be Available?

If you have read through all of this information and you still feel concerned about providing for your spouse after your death, that’s understandable. It’s normal to worry about providing for those you love, and this is especially true if you pass away. The good news is that even beyond veteran-specific benefits, there may be other benefits available to your spouse after your passing, depending on your circumstances. These may include:

  • The Veteran’s Survivor’s Pension: The VA Survivors Pension, also known as the Death Pension, is a monthly, tax-free payment for surviving spouses or unmarried children of veterans who were honorably discharged. The spouse or child must have income below a certain limit established by law, as this is a needs-based benefit.
  • Social Security survivor benefits: Social Security survivor benefits are benefits that include monthly payments as well as a one-time death payment to eligible family members (which may include spouses, ex-spouses, children, dependent parents, or others depending on the circumstances) of those who have passed away and paid money into the Social Security system. There are a variety of conditions for applying, including age, the relationship to the deceased, and other factors.
  • Life insurance policy benefits: Depending on your circumstances you may have a life insurance policy that you obtained privately, or one may have been provided through your employer. Regardless, if you pass away, depending upon your age and other terms and conditions included in the policy, your spouse may be able to collect benefits under that policy.

Depending on your situation, there may be other support options available to your spouse as well after your passing. Because the law can be complicated and a variety of options may be available, consulting with an attorney who knows and understands the law is always advised. At Muse Disability, we’re here for you.

MUSE DISABILITY – HERE FOR YOU

At Muse Disability, we want you to know that if you are a veteran, we value you and we honor your service to our country. Thank you for all you have done. We also want you to know that we are here for you. We want you to know that we understand how important your disability benefits are and what a difference they make for your family. That’s why we’re here to help you do all you can to preserve and protect those benefits. Our talented and experienced team of attorneys knows and understands the law pertaining to these benefits and we are always here to help. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.

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