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.

Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process. Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan

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