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  1. #1
    Join Date
    Dec 2020
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    1

    Default Denial of Sbp for a Surviving Spouse

    My father, a USAF Chief Master Sergeant (E-9), served 25 years in the Air Force, retired in 1975 and passed away in 2009. Upon his retirement, he selected full SBP for my mother and paid for full SBP for over 34 years, the last 15 years of which he was rated 100% disabled and unemployable. A week after my father passed away, my mother went to her county veterans assistance office and applied for all benefits for which she was eligible, including SBP. My mother has never remarried and is now 86.

    Almost three years ago, we placed my mother in a personal care home because of dementia and expressive aphasia (she has extreme difficulty communicating). I already had a durable POA, but applied for and was appointed her VA Fiduciary only to discover that she has never received any SBP payments. (Until shortly before placing her in a home, she was quite capable of handling her own affairs.)

    When I discovered that she has not received any SBP payments, I did some research, discovered that, due to the fact that my father had been rated 100% disabled and unemployable for over 10 years, my mother was eligible for full reimbursement of the entirety of my fatherís SBP payments. As a result, I contacted DFAS and inquired as to why she has never received SBP payments. In response, I received an application packet from DFAS, which I completed and submitted. In response, I was informed that she had to apply within six years of my father's death (which she did, although it was apparently never received), her request for SBP was denied and that she had 30 days to file an appeal.

    I have no idea how to construct an appeal that DFAS might find compelling, assuming that DFAS ever makes an award upon appeal.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Denial of Sbp for a Surviving Spouse

    Quote Quoting RWeaver
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    My father, a USAF Chief Master Sergeant (E-9), served 25 years in the Air Force, retired in 1975 and passed away in 2009. Upon his retirement, he selected full SBP for my mother and paid for full SBP for over 34 years, the last 15 years of which he was rated 100% disabled and unemployable. A week after my father passed away, my mother went to her county veterans assistance office and applied for all benefits for which she was eligible, including SBP. My mother has never remarried and is now 86.

    Almost three years ago, we placed my mother in a personal care home because of dementia and expressive aphasia (she has extreme difficulty communicating). I already had a durable POA, but applied for and was appointed her VA Fiduciary only to discover that she has never received any SBP payments. (Until shortly before placing her in a home, she was quite capable of handling her own affairs.)

    When I discovered that she has not received any SBP payments, I did some research, discovered that, due to the fact that my father had been rated 100% disabled and unemployable for over 10 years, my mother was eligible for full reimbursement of the entirety of my father’s SBP payments. As a result, I contacted DFAS and inquired as to why she has never received SBP payments. In response, I received an application packet from DFAS, which I completed and submitted. In response, I was informed that she had to apply within six years of my father's death (which she did, although it was apparently never received), her request for SBP was denied and that she had 30 days to file an appeal.

    I have no idea how to construct an appeal that DFAS might find compelling, assuming that DFAS ever makes an award upon appeal.
    It might be helpful for you to spell out what SBP stands for.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Denial of Sbp for a Surviving Spouse

    Quote Quoting RWeaver
    View Post

    I have no idea how to construct an appeal that DFAS might find compelling, assuming that DFAS ever makes an award upon appeal.
    I checked the DFAS website briefly and couldn't find anything about an appeal for denial of benefits. You might want to spend some time drilling through it or ask a rep about it.

    https://www.dfas.mil/retiredmilitary/provide/sbp/

    Have you gone through your mother's personal records, files, documents, to see if she kept any record of applying? Or contacted that veterans assistance office to see if they have any records?

    Other than proving that she actually did apply, I have no idea what grounds for appeal might be but I'm guessing that, after 11 years, there is enough money involved to be worth consulting an attorney who specializes in such things.

    Quote Quoting llworking
    View Post
    It might be helpful for you to spell out what SBP stands for.
    Survivor Benefit Plan

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Denial of Sbp for a Surviving Spouse

    Quote Quoting RWeaver
    View Post
    My father, a USAF Chief Master Sergeant (E-9), served 25 years in the Air Force, retired in 1975 and passed away in 2009. Upon his retirement, he selected full SBP for my mother and paid for full SBP for over 34 years, the last 15 years of which he was rated 100% disabled and unemployable. A week after my father passed away, my mother went to her county veterans assistance office and applied for all benefits for which she was eligible, including SBP. My mother has never remarried and is now 86.

    Almost three years ago, we placed my mother in a personal care home because of dementia and expressive aphasia (she has extreme difficulty communicating). I already had a durable POA, but applied for and was appointed her VA Fiduciary only to discover that she has never received any SBP payments. (Until shortly before placing her in a home, she was quite capable of handling her own affairs.)

    When I discovered that she has not received any SBP payments, I did some research, discovered that, due to the fact that my father had been rated 100% disabled and unemployable for over 10 years, my mother was eligible for full reimbursement of the entirety of my father’s SBP payments. As a result, I contacted DFAS and inquired as to why she has never received SBP payments. In response, I received an application packet from DFAS, which I completed and submitted. In response, I was informed that she had to apply within six years of my father's death (which she did, although it was apparently never received), her request for SBP was denied and that she had 30 days to file an appeal.

    I have no idea how to construct an appeal that DFAS might find compelling, assuming that DFAS ever makes an award upon appeal.
    Have you considered moving the snow to the other side of the neighbor's driveway?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Denial of Sbp for a Surviving Spouse

    Quote Quoting llworking
    View Post
    Have you considered moving the snow to the other side of the neighbor's driveway?
    I think you meant that for the snow thread, not this one.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Denial of Sbp for a Surviving Spouse

    Quote Quoting adjusterjack
    View Post
    I think you meant that for the snow thread, not this one.
    Yeah, I don't know how that happened.

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