DIC OFFSET? in P&T - Permanent & Total Disability Forum

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DIC OFFSET?

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lumbarkid	DIC OFFSET?		Lead	[-]
Posts: 52 Mar 31 11 11:14 AM	Tags : retirement, say, thanks, service, dic, wife, meant, csrs, civil, eligible, survivors, benefit, replies I am 100% PTIU for over 11 years. I was reading the VA's requirements and had a question about the following. "1. DIC Payments will be offset by any amount received from judicial proceedings brought on by the veteran’s death." Can anyone explain what the definition of "any amount received from judicial proceedings brought on by the veteran's death?" Is this something related to 3rd party actions only? Upon my death my wife would be eligible for a small amount of survivors benefit from my CSRC retirement would this be offset from DIC or not? Thanks I meant to say CSRS (civil service retirement system). My wife is eligible for a survivors benefit from it as well as DIC. Thanks for your replies Edited 2 times by lumbarkid Mar 31 11 11:26 AM.
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dally7777		#1	[url]	[-]
Posts: 3222 Mar 31 11 11:19 AM	CRSC is not payable after death; but Survivor Benefit Plan is. But SBP is offset by DIC. If your spouse remarries after age 57 then their would be no offset because of a loophole in the law.
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lumbarkid		#2	[url]	[-]
Posts: 52 Apr 1 11 10:39 AM	I am still not clear on what ("DIC Payments will be offset by any amount received from judicial proceedings brought on by the veteran’s death") means. Does this mainly apply to SBP benefits which are received upon the death of a veteran under CRSC? I currently receive a Disability Civil Service Retirement Annuity , ("CSRS" which upon my death my wife will receive a survivors benefit annuity). Will there be an offset from DIC or is this exempt from offset, whereas SBP under CRSC is not? Sorry for the confusion. Thanks again for your assistance.
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cruiser		#3	[url]	[-]
Posts: 17447 Apr 1 11 12:43 PM	It is referring to a tort claim against the government. It's the same principle as a veteran filing both an 1151 claim and a tort claim. Anything won on the tort must be recovered from any compensation paid for the same disability on the basis of the 1151 claim. In the case of a surviving spouse, let's say that a veteran dies in a VAMC due to negligence on the part of VA, but the death is either ruled service connected or the spouse is eligible for DIC under some other provision of law. If the surviving spouse prevails on a tort claim for wrongful death, anything he/she receives from that must be recouped from the DIC. You can never collect more than once from the government for a person's death. That's why you can't get the full amount of both DIC and SBP. It's the same principle at work. Cruiser
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lumbarkid		#4	[url]	[-]
Posts: 52 Apr 1 11 1:08 PM	Cruiser, thanks for defining ("DIC Payments will be offset by any amount received from judicial proceedings brought on by the veteran’s death"). I also found from and old post in 04-2006 from "Msgtmack" stated the following: "I believe the money that was taken from you, to "fund your VA disability", came out of your military retirement, not your CSRS pay.A friend of mine retired from the military and went to work for Civil Service. He combined his military time with his Civil Service time. He no longer got a military retirement. Actually he wasn't getting any retirement anyway because of his VA disabilities. Therefore he got his full VA compensation and his Civil Service Salary. He only worked for Civil Service for 15 years before he became 100% disabled by the VA and had to retire, but had the equivalent of 35 years. This meant more in retirement than he would have got as an E-6, plus he got all of the VA Comp as well as all of his Civil Service retirement with no offset. But the answer to your last question is Yes! You can draw your VA and your Civil Service retirement with no offset. By the way when my friend passed away, his widow got 55%of his Civil Service retirement plus DIC from the VA, again with no offset. Plus she remarried at age 60 and got to keep both incomes even in the new marriage." My other question about whether my wife upon my death would receive DIC without and offset from my Federal Civilian SBP benefits (CSRS) was answered as well. I also found at www.moaa.org/media_news_2008archiveb/media_news_080401b/lac_factsheets_fam_2/default.htm the following quote: "It's also noteworthy as a matter of equity that surviving spouses of federal civilian retirees who are disabled veterans and die of military-service-connected causes can receive DIC without losing any of their purchased federal civilian SBP benefits." Thanks again for all your help
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