Can I Get VA Survivor Benefits and Social Security?

Many spouses and children of veterans have questions about VA survivor’s benefits.  One of the most common type of survivor benefits is what is commonly known as DIC Benefits.

DIC stands for Dependency and Indemnity Compensation.  In this article, I want to answer some of the most common questions that I get asked about DIC benefits.

Women helping little girl in the garden smiling at each other What do I have to prove to receive DIC benefits?

Certain survivors of a veteran can qualify for DIC benefits when a veteran dies as a result of a service connected condition or a condition.  This service connection can be demonstrated before or after the veterans death.

Also, certain survivors may qualify for DIC benefits regardless of the reason that the veteran died if the veteran had a 100% VA disability rating for 10 years or more prior to death.  In other words, it may not be necessary to demonstrate that the death was from a service connected condition in these cases.

For more general information about qualifying for DIC benefits, take a look at this short article.

Can I qualify for DIC benefits regardless of my income?

Yes.  There are no income limits on DIC recipients.  In other words, it does not matter how much money you make with this particular VA survivor’s benefit program

You could make a thousand dollars a month.  You could make ten thousand dollars a month.  You can still qualify for DIC benefits because this particular program is not based on income, needs, or assets.

Many survivors of veterans get confused about this issue because of a separate VA program known as survivor’s pension.  That program is based on your income and assets.  Because the DIC program focuses on whether a veteran died as a result of a service connected condition, DIC does not focus on the income or assets of survivors.

Can I get DIC survivors benefits and Social Security?

Survivors of a deceased veteran often receive some sort of payment from the Social Security Administration.  Some receive widow or widower’s benefits.   Some receive retirement benefits or Social Security benefits.

Sometimes, Social Security benefits are based on the earnings of the survivor.  Other times, the survivor draws them based on the veteran’s earnings.

Many survivors do not know that they can receive both DIC benefits and Social Security benefits at the same time.  They receive DIC benefits because the death is service connected and Social Security benefits for a separate reason (retirement, disability, etc.).

Since income does not matter for DIC benefits, receipt of Social Security benefits will not affect your DIC eligibility.  If you prove to VA that you are entitled to DIC benefits, you should draw your benefit from Social Security and your DIC benefit as well.

This is the way it should be.  Deceased veterans earned both the DIC benefit and the Social Security benefit through their work and their military service.

Is it too late for me to file for DIC benefits? Women on her phone with papers and a computer in front of her

Many survivors also have questions about how long they have to file an application for VA DIC survivors benefits.  I am happy to let you know that there is no deadline for a surviving spouse on filing.

It does not matter when your veteran died.  You can always still make an application for benefits.

Suppose your veteran served in Vietnam in the late 1960s and early 1970s then had a battle with cancer and died in the 1990s.  You could still apply now even though it is 20 years later.  If you show that your veteran’s death was from a service connected condition, you should qualify for and receive these benefits.

It is important to clarify that the “no time limits” rule really only applies to a surviving spouse.  If you are a surviving child, there are time limits that may apply.

Do I need an attorney to file for DIC benefits?

You do not have to have an attorney to file for VA benefits.  But, you probably want to talk to an attorney to make sure you file correctly.  Also, you will definitely want to talk to an attorney after you receive a decision.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
It has been a pleasure working with Jason and firm, very knowledgeable and professional, He did awesome job to get settlement that I need for my workmen comp case which was fair in my case, cause the insurance company was trying low ball me and not give me nothing but Jason fix that ….I truly recommend Perkins&studdard any workmen comp case that you have and also want thank Tina also for helping me along this process Thank you Perkins&studdardjahbari swint
Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester

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