Restoration of Full SBP/DIC for Remarried Widows
1/29/10 - Three military widows, NAUS members Patricia A. Sharp and Margaret M. Haverkamp along with Iva Dean Rogers, won a court decision that restores widows' full SBP and DIC if they have remarried after age 57 (see story below). NAUS has learned that the Defense Finance and Accounting Service DFAS) finalized the implementation and repayment plans for the original three widows and another approximately 800 known survivors who also fall into the category. See NAUS FAQs here.
All SBP annuitants who are entitled to both DIC and SBP because of their remarriage after age 57 are currently being identified. DFAS will no longer deduct DIC payments from annuitants' monthly annuity that meet these criteria and they will begin receiving their full monthly SBP annuity entitlement in addition to the full monthly DIC. The first group of eligible annuitants will have their SBP annuity increased for the February 1, 2010 payment. Effective with the February payment, annuitants who meet the eligibility criteria under the Sharp litigation will no longer receive the Special Survivor Indemnity Allowance (SSIA). If you have further questions about this check out the DFAS website. 

DoD will Abide by Appeals Court Rules for Widows
10/22/09 - Three military widows, NAUS members Patricia A. Sharp and Margaret M. Haverkamp along with Iva Dean Rogers, received good news when the Defense Department decided against appealing a U.S. Court of Appeals ruling in their favor against the Government in regards to offsetting of SBP benefits with DIC benefits. Read DoD Memo here. The issue was over the Veterans Benefits Act of 2003 which restored eligibility for VA Dependency and Indemnity Compensation (DIC) to military surviving spouses who remarry after age 57. However, DoD continued to apply the offset to these widows and many others. The three plaintiffs argued that the 2003 statute exempted them and any other widow who remarries after age 57 from the SBP/DIC offset. The Court agreed, and explained, "...the servicemember paid for both benefits: Survivor Benefit Plan (“SBP”) payments with premiums; and Dependency and Indemnity Compensation (“DIC”) payments with his life."

NAUS was hopeful the ruling would result in enough pressure on Congress to end SBP/DIC offsets for all affected widows, but the 2010 National Defense Authorization Act (NDAA) passed without such a provision.

Servicemember’s Group Life Insurance (SGLI) Settlement
Information on where and how to file for Service-member's Group Life Insurance (SGLI) proceeds may be found at VA's Insurance Center Web site. You may also contact the Office of SGLI by phone at 1-800-419-1473, or by email at osgli.claims@prudential.com.

Financial Counseling services are also available at no cost to SGLI beneficiaries. This service provides a one-on-one counseling session, a detailed step-by-step financial plan, and access to financial counselors for one year. For additional information, call 1-888-243-7351.

Vet Center Bereavement Counseling
Bereavement Counseling is offered to parents, spouses and children of servicemembers who die while in the service, including Reserve and National Guard personnel who die on active duty. Read or download the Bereavement Services brochure here. 

VA Survivor Website
The Department of Veterans Affairs has a website for surviving spouses and dependents of military personnel who died while on active duty and for the survivors of veterans who died after leaving military service. The site provides visitors with information about benefits for the surviving spouse, dependent children, and dependent parents of deceased veterans and active duty personnel, along with links to other federal agencies and organizations that offer benefits and services to survivors. The site is found at www.vba.va.gov/survivors.

Toll-free Number for Headstone/Marker Inquiries
The Department of Veterans Affairs has a toll-free number for inquiries about headstones for veterans, including status of applications, headstones or marker delivery and general information about memorial programs. The line is open M-F from 8am to 4:30pm ET. Call 1-800-697-6947.

New “Center for Families of the Fallen” Opens at Dover AFB 1/6/10 - Dover Air Force Base opened a new, $1.6 million facility to give military families a comfortable place to await the arrival of their deceased loved one’s remains. The renovated building was opened in a short ceremony that included Dr. Jill Biden (the Vice Pres-ident’s wife), Gen “Norty” Schwartz, Air Force Chief of Staff, and his wife Suzie. The center replaces the use of an annex of a base chapel, which was the only place available before, where grieving family members were met with plastic chairs and few, if any, amenities.

Before 2009, families were technically allowed to visit Dover to see their loved ones’ remains returned, but they were not encouraged to, and media coverage was barred.  Shortly after President Obama’s inauguration, the Defense Department made two big changes:

• Families have the opportunity to be flown to Dover, at government expense, to see the return of their loved one’s remains, and
  
• Families may choose to have the event covered by the media.

Since then, Dover has received more than 350 deceased. About 70% of the families opt to come to Dover to observe the transfer of their loved ones remains, and about 60% of them permit media coverage.

Unfair Widow's Tax Discussed with Dr. Jill Biden on Veterans Day at Vice President's Residence
11/13/09 - NAUS Board of Directors member Win Reither, Col, USAF (Ret), personally asked for Dr. Biden's assistance in repealing the SBP/DIC offset during a Veterans Day luncheon at the home of Vice President and Dr. Biden. NAUS is following up with Dr. Biden's staff to enlist her support, and the support of the First Lady, Michelle Obama, in our continuing effort to repeal this unfair reduction in earned benefits to the nearly 57,000 affected military widows nationwide.

Widows to be Repaid
For years, many widows, perhaps as many as hundreds of thousands, have been wrongfully denied benefit payments ranging from $100 to more than $2,500. Congress passed a law in 1996 giving veterans' spouses the right to keep their partners' final month of benefits. But the Department of Veterans Affairs (VA) failed to update its automated computer systems. As a result, widows were either denied the final month of payment or asked to send the checks back. In some cases, the government seized the already-deposited funds directly from the widow's account. Beginning sometime in the spring of 2009, the VA said that up to millions of dollars in back payments could be given to affected widows once it can identify them. Widows who believe they were wrongfully denied payments can call the VA help line at 1-800-827-1000.

SMW President's Corner
We need to let our Senators and Representatives in the new Congress know the issues that affect our earned and promised benefits. If we don’t let them know, how can they help us? They pay attention to your letters or emails and most times will provide an answer to your correspondence. The NAUS website, especially the NAUS CapWiz section, makes it easy to learn about the legislative issues and contact your elected officials. There are new members coming in to serve their first terms so we need to let them know who we are and that we will be in touch as different legislation is considered. Remember, they work for us not the other way around.
-- Marilyn Savage
President, Society of Military Widows

SMW Legislative Report
We need to watch what Congress does with regard to protecting Social Security, continue to convince Congress to end the SBP/DIC offset, protest any inroads on diminishing medical care for survivors, and join with all related organizations in promoting the interests of our active military members and their families. Marsha Freeman of Chapter 14 [Tucson] is our official Assistant Legislative Chair. Marsha is proficient in navigating the computer highway to put us in touch with our congressional delegates. She can show us how to use CapWiz and make it easy for those who are still computer shy to make their voices heard. Contact Marsha to get started. Remember, we will not be heard if we do not speak out on issues important to us!
-- Patricia L. Walker
Legislative Chair, Society of Military Widows