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Active Duty Death Entitlements
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p]Montgomery GI Bill Death Benefit. The VA will pay a special Montgomery GI Bill death benefit to a designated survivor in the event of the service-connected death of an individual while on active duty. The deceased must either have been entitled to educational assistance under the Montgomery GI Bill program, or a participant in the program who would have been so entitled but for the high school diploma or length of service requirement. The amount paid will be equal to the deceased member’s actual military pay reduction less any educational benefits paid. If you are eligible to receive the death benefit, submit a letter, along with proof of relationship and a copy of the DD Form 1300, Report of Casualty, to the appropriate VA Regional Office. The death benefit is made in “by-law” fashion to the spouse, children, and parents, and will not be paid to anyone else in the “by-law” chain. Your CAR or the nearest VA office can help you apply for a refund of contributions.

Social Security Payments. Social Security monthly benefits are paid to a spouse or a divorced spouse, age 60 or over; a spouse or divorced spouse regardless of age with children of the decedent under age 16 or disabled in their care and meeting social security requirements.

A divorced spouse must have been married to the service member at least 10 years. Monthly payments are also paid to children until age 18 or 19 if a full-time student at a primary or secondary school, or age 18 or older and disabled before age 18. Spouses waiting until age 65 to apply for Social Security receive maximum benefits. However, they can receive reduced Social Security payments between ages 60 and 65.

Dependent parents are eligible for benefits at age 62 if they were more than 50 percent dependent on the deceased service member for their support. The amount paid can only be determined by the Social Security Administration, which has a record of the wages earned by the member during the period of both military and civilian employment under the Social Security Program. To receive this benefit, eligible survivors should make application through the nearest Social Security office. They will explain the benefit, determine your eligibility, the amounts that can be paid, and help you complete the required claim forms. You should apply early, as the law generally permits retroactive payments of 12 months.

Social Security Lump Sum Death Payment. The Social Security Administration pays a lump sum death payment, up to $255, to the surviving spouse living with the member at the time of death. Separation because of military service, is considered living together. If there is no surviving spouse, it is paid to the oldest child who was eligible for or entitled to Social Security benefits for the month of death, based upon the deceased member’s earnings. No other survivors are entitled to this benefit. This benefit is paid regardless if burial, funeral, or memorial benefits were paid by the military. To receive this benefit, eligible survivors must make application through the nearest Social Security office. They will explain the benefit, determine your eligibility, the amount that can be paid, and help you complete the required claim forms.

Continued in Part II -- Continued Service Benefits

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