Survivor’s Pension

Also known as a Death Pension, the Survivor’s Pension aims to ease the financial burden carried by the surviving spouse or child of a deceased veteran. To qualify, a spouse must not be remarried and should be considered low income.* In order for a child to be eligible to receive his or her parent’s Survivor’s Pension, the child must be under the age of 18 or under the age of 23 if attending a VA approved school. Additionally, children who are  permanently unable to care for themselves due to a disability prior to age 18 are eligible for benefits without an upper age limit.

What are the service requirements for the veteran?

Above are the requirements for the recipient. What requirements are placed upon the veteran?

The deceased veteran must have met the following criteria:

  • Service on or before 9/7/1980 requires 90 days of active duty with at least one day during an active war period
  • For active duty after 9/7/1980, the veteran must have served for at least 24 months OR the full time for which they were called to duty with at least one day in an active war period
  • The veteran must have been discharged from service under other than dishonorable conditions

Don’t be confused – active duty during an active war period does not mean the veteran must have been involved in any sort of combat operations.  Those who served stateside far from the warzone during a conflict are just as eligible as those who saw combat.

How much money is the Survivor’s Pension?

The amount of pension paid is the difference between declared income/net worth and Congress’s current maximum allowed pension rate (currently $8,485). That difference is then split into 12 monthly payments.

To receive Survivor’s Pension, you’ll need to first determine your income and net worth. Because many applicants have quite a bit of medical expenses, it is important to include these to receive as large of a monthly benefit as possible. As long as the veteran’s service qualifies as above, and your income falls below the federal maximum, you can easily apply using the VA form 21-534EZ.

If you have questions about eligibility or the criteria involved in determinging Survivor’s Pension eligibility, reach out to us for a free consultation.  Simply complete the “Need Help” form or call the phone number on the upper right of this page to set one up.

* The definition of low income varies each year, subject to Congressional guidelines. For a spouse with no dependents, the current years’ maximum income allowed is $8,485. However, there are many deductions which can be used. The calculation can be quite complex. A survivor may apply or reapply any time their income/net worth falls below the maximum.

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.

Rita BarnesRita Barnes
00:03 20 Jan 22
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
Cortex ButlerCortex Butler
18:09 29 Dec 21
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
annetteMomma nokesannetteMomma nokes
14:29 12 Sep 16
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Sheila KirklinSheila Kirklin
23:11 12 May 16
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
Anna PabonAnna Pabon
23:16 13 Sep 15
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.

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