# Widow's Benefits



## JimnNila143 (Jul 23, 2013)

I'm not sure if there is a thread on the Forum discussing this subject, every country is different, but there is one thing that we all have in common. Regardless of where we are from, at one time or another, there will be something that will happen to us and it is something that all of us will face one day. This event is when we go patay. What can our spouses do in order to receive a widow's pension? What is the criteria that must be met in order for them to receive these benefits? 

According to my ongoing research, a US spouse's widow is entitled to receive a widow's benefit equal to the amount of 50% or the deceased spouse's pension. There are also other factors that have to be met, she has to be a certain age in order to receive the benefit, unless otherwise changed, that age is 60. The thing that bother's me most is most of us married Filipinas who are much younger than we are. my wife is 28 years younger than I am. At her age, I don't know if she would be able to receive a pension as my widow. I would appreciate this subject to be discussed here. Thanks...


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## Nickleback99 (Aug 6, 2011)

On my actual pension, I can pay 10% annuity fee and she'll get 50% of my pension for rest her life regardless of age. Costs me $510 per month starting out and goes up with any pension COLA increases. Any Soc Security pension though is in line with what you posted.


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## cvgtpc1 (Jul 28, 2012)

JimnNila143 said:


> According to my ongoing research, a US spouse's widow is entitled to receive a widow's benefit equal to the amount of 50% or the deceased spouse's pension. There are also other factors that have to be met, she has to be a certain age in order to receive the benefit, unless otherwise changed, that age is 60. The thing that bother's me most is most of us married Filipinas who are much younger than we are. my wife is 28 years younger than I am. At her age, I don't know if she would be able to receive a pension as my widow. I would appreciate this subject to be discussed here. Thanks...


I believe I've read the spouse needs to be in the U.S. to receive the SS survivor payment? Hoping not.


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## Asian Spirit (Mar 1, 2010)

cvgtpc1 said:


> I believe I've read the spouse needs to be in the U.S. to receive the SS survivor payment? Hoping not.


That unfortunately is correct. The spouse (even if she is an American citizen) MUST live in the United States for the full, previous five (5) years before your death to be able to claim anything on YOUR Social Security benefits. 
The only exemption to this I think is if you both are living in Guam for that five year period.

This is another safety catch for us so that we are not worth more dead than alive.

So when we as an American die here, our Social Security stops and there is no payable benefits for our wives.

Also, if collecting Social Security and death occurs *after* your benefit payment has been paid for that month, That months payment amount must be returned by the surviving spouse.

For full and complete information, contact Social Security at The US Embassy, Manila.


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## 197649 (Jan 1, 2013)

I say this not to be mean. But lets be honest we TRUE Americans can't get our government to pay us what is rightfully ours, without a fight. Let alone have them help our loved ones who are of another nationality. I have a document that tells my wife everything. Bank / Investment accounts numbers etc Also a will so that any issues come up she has legal proof that she is the heir to my fortune (YEAH RIGHT) Phone numbers and names on who to contact. Check these every 6 month to keep it updated. Too be honest the laws change depending on elections so maybe next election it will get eaisier


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## cvgtpc1 (Jul 28, 2012)

Jet Lag said:


> That unfortunately is correct. The spouse (even if she is an American citizen) MUST live in the United States for the full, previous five (5) years before your death to be able to claim anything on YOUR Social Security benefits.
> The only exemption to this I think is if you both are living in Guam for that five year period.
> 
> This is another safety catch for us so that we are not worth more dead than alive.
> ...



Wow, didn't know about that 5 year catch. So even if they move back to the US they'd have to wait 5 years? 

Fortunately my wife is naturalized and worked so will be getting her own payments. Need to find out if that's affected at all if she gains dual citizenship.


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## cvgtpc1 (Jul 28, 2012)

c_acton98 said:


> I say this not to be mean. But lets be honest we TRUE Americans can't get our government to pay us what is rightfully ours, without a fight. Let alone have them help our loved ones who are of another nationality. I have a document that tells my wife everything. Bank / Investment accounts numbers etc Also a will so that any issues come up she has legal proof that she is the heir to my fortune (YEAH RIGHT) Phone numbers and names on who to contact. Check these every 6 month to keep it updated. Too be honest the laws change depending on elections so maybe next election it will get eaisier


Not mean....just speaking the truth!


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## JimnNila143 (Jul 23, 2013)

*Benefits/Dual Citizenship*



cvgtpc1 said:


> Wow, didn't know about that 5 year catch. So even if they move back to the US they'd have to wait 5 years?
> 
> Fortunately my wife is naturalized and worked so will be getting her own payments. Need to find out if that's affected at all if she gains dual citizenship.


It should not affect your spouse getting benefits, even if she gets dual citizenship. Having dual citizenship enables her to own land, in her name, in both countries. But, the two of you have to reside in the USA, 5 years, before your decease in order to receive them.


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## Nickleback99 (Aug 6, 2011)

JimnNila143 said:


> It should not affect your spouse getting benefits, even if she gets dual citizenship. Having dual citizenship enables her to own land, in her name, in both countries. But, the two of you have to reside in the USA, 5 years, before your decease in order to receive them.


In other words, just about All of our spouses are ******* on getting Any amount of SS once any of us die, because majority of us on here will be living in the P.I. HOWEVER, I guess another question then is what happens if you live in U.S. 6 months a yr and P.I. the other 6 months llike a few couples I know do? Or maybe will need be 6 months and 1 day to be sure...


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## Cebu Citizen (Dec 13, 2013)

It is my understanding that our wives can get a portion of our VA disability payments after our departure from this world. This is what I was told by the VA Representative here in the US because I will be applying to have my wife listed as my primary care giver.

Because of my service connected disability, I have certain medical treatments that must be performed on a regular basis, (cannot do them myself), and the VA will pay someone to assist me...if we are married, (even to a Filipina), the VA will recognize our legal spouse as that paid care giver and she will receive a certain amount each month; as determined by the VA; to perform these medical functions or assist me in performing them. (Actually, I think the veteran gets the funds and then is responsible to pay the care giver with these allocated funds). Then the Veteran's representative told me that my wife will also be able to file for benefits should I pass away and that made me feel a little better knowing that she will at least have something when I go.

Does anyone here have any information or first hand experience about VA death or survivor benefits being paid to a Filipina wife?


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## 197649 (Jan 1, 2013)

Cebu Citizen said:


> It is my understanding that our wives can get a portion of our VA disability payments after our departure from this world. This is what I was told by the VA Representative here in the US because I will be applying to have my wife listed as my primary care giver.
> 
> Because of my service connected disability, I have certain medical treatments that must be performed on a regular basis, (cannot do them myself), and the VA will pay someone to assist me...if we are married, (even to a Filipina), the VA will recognize our legal spouse as that paid care giver and she will receive a certain amount each month; as determined by the VA; to perform these medical functions or assist me in performing them. (Actually, I think the veteran gets the funds and then is responsible to pay the care giver with these allocated funds). Then the Veteran's representative told me that my wife will also be able to file for benefits should I pass away and that made me feel a little better knowing that she will at least have something when I go.
> 
> Does anyone here have any information or first hand experience about VA death or survivor benefits being paid to a Filipina wife?


In your case, even though your bilateral foot conditions would already entitle you to compensation at the (1) level due to loss of use, and your bilateral hand condition entitle you to compensation at the (m) level due to loss of use, these disabilities may be considered again in granting entitlement to aid and attendance at the (r)(l) level.

The assistance pay R1 level is paid to the VET. I have first hand knowledge of this.
Look at these 2 sites.

38 U.S. Code § 1114 - Rates of wartime disability compensation | LII / Legal Information Institute

38 CFR 3.350 - Special monthly compensation ratings. | LII / Legal Information Institute


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## Cebu Citizen (Dec 13, 2013)

Neither one of these items pertains to me or my service connected condition. I have a spinal injury and a relatively minor skin injury on my back and I am required to do daily topical medication to the injury and I am unable to reach my back...and the VA says that it costs too much to always go to a clinic to have someone clean the skin and apply the medication...so it is possible to have a spouse do this treatment and get paid for it since it is service connected and medically necessary.

I have both hands and both feet.


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## JimnNila143 (Jul 23, 2013)

*Non-Vet Benefits*

For the military vet, this might apply and be OK, but for the Non-military vet, our wives are s*****d. The biggest problem for us non-vets is that in order for our wives to receive benefits, we have to live in the US for 5 years and unless you bring in 150,000 pesos a month in your pension, you can't afford to live in the US and bring your wife with you. In other words, you have to bring in a minimum of $25,000US a year to be able to live in the USA. That is 1,100,000 pesos a year or 91,667 pesos a month. For the two of you, you have to have a combined income of $34,750US a year in order to survive in the US. For those of us who don't have this income, our wives are on the losing end of the deal. 

I will give you an example: In New Orleans, LA, a 1 bedroom efficiency apartment costs 35,000 pesos a month to rent, this may not include utilities. You also have to buy food, pay for health expenses and medical costs, transportation costs, etc., even if the retiree lives in a Section 8 retirement project, it still means you have to have a big income to survive.


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## JimnNila143 (Jul 23, 2013)

I have a friend who is a US Navy Vet, he is divorced from his wife who gave him a son [underage] and 1/2 of his pension goes to her to support the boy. He is married to a Filipina and they have 2 daughters, both school age. Even though his pension is a military pension, it is not enough for him to immigrate his wife and kids to the USA, even to Guam. Because there is no USA sponsored VA medical facility in the Philippines, if he had to have serious medical treatment, he would have to fly to Guam to receive it. Because he had a stroke, he cannot travel. The US would not allow his wife to accompany him as his caregiver.


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## Asian Spirit (Mar 1, 2010)

JimnNila143 said:


> I have a friend who is a US Navy Vet, he is divorced from his wife who gave him a son [underage] and 1/2 of his pension goes to her to support the boy. He is married to a Filipina and they have 2 daughters, both school age. Even though his pension is a military pension, it is not enough for him to immigrate his wife and kids to the USA, even to Guam. Because there is no USA sponsored VA medical facility in the Philippines, if he had to have serious medical treatment, he would have to fly to Guam to receive it. Because he had a stroke, he cannot travel. The US would not allow his wife to accompany him as his caregiver.


Yep, the US has some very strict rules and laws and they are getting worse all the time. Remember, the US has and has had a law in place for many years now it that they do not have to recognize ANY foreign marriage. They, the US government, uses that clause more and more all the time.

These are the type of things that we as foreign expats from many different countries need or should investigate and take into consideration before making moves to foreign countries and starting families.

We gain a lot in countless ways by moving here. But we also loose a lot as well. Just depends what we can live with and decidedly live without. Some of these decisions are darned near irreversible and should be give much thought and consideration before moving to a foreign land.


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## 197649 (Jan 1, 2013)

JimnNila143 said:


> I have a friend who is a US Navy Vet, he is divorced from his wife who gave him a son [underage] and 1/2 of his pension goes to her to support the boy. He is married to a Filipina and they have 2 daughters, both school age. Even though his pension is a military pension, it is not enough for him to immigrate his wife and kids to the USA, even to Guam. Because there is no USA sponsored VA medical facility in the Philippines, if he had to have serious medical treatment, he would have to fly to Guam to receive it. Because he had a stroke, he cannot travel. The US would not allow his wife to accompany him as his caregiver.


Philippines has the ONLY VA medical Facility outside of the USA. If his condition is related to his military disability even if that is 0%. There is also TRICARE for retirees which is recognized here. If he collect SS and pays MEDICARE he is eligible for TRICARE as well. If the condition is not related or he has not enrolled, then he MUST get his own insurance which is true in the U.S. as well.
Giving support to his child is standard so that is a given. I retired 20 years and get only 50% of my military pay when I retired as an E-8 I only made 2300 a month my retired pay is currently 1500 a month. H*ll I can't live here on that.


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## 197649 (Jan 1, 2013)

Jet Lag said:


> Yep, the US has some very strict rules and laws and they are getting worse all the time. Remember, the US has and has had a law in place for many years now it that they do not have to recognize ANY foreign marriage. They, the US government, uses that clause more and more all the time.
> 
> These are the type of things that we as foreign expats from many different countries need or should investigate and take into consideration before making moves to foreign countries and starting families.
> 
> We gain a lot in countless ways by moving here. But we also loose a lot as well. Just depends what we can live with and decidedly live without. Some of these decisions are darned near irreversible and should be give much thought and consideration before moving to a foreign land.


Correct me if I am wrong but once you have a marriage certified by the US Embassy isn't that considered a recognized document? For example I was married to my wife in Kuwait we had it certified at the US Embassy and the Philippine Embassy. Which is a legal document in both countries. The decision to move to any foreign country to me bottom line if you are relying solely on the government benefits (which are dissipating) then you are making a BIG MISTAKE.


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## Asian Spirit (Mar 1, 2010)

c_acton98 said:


> Correct me if I am wrong but once you have a marriage certified by the US Embassy isn't that considered a recognized document? For example I was married to my wife in Kuwait we had it certified at the US Embassy and the Philippine Embassy. Which is a legal document in both countries.


Yes, that is correct and is usable in some instances for legal documentation type things. However, for survivorship on federal benefits it is likely a different matter. Also, it does not give the spouse an automatic right to go to or live in the US. Legality on such things is tricky at best..


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## Cebu Citizen (Dec 13, 2013)

Something else that many ExPats may want to consider when trying to look after the interests and well being of their Filipina wives and family after their untimely demise...if you cannot provide for her with your pension...try sinking everything you have financially into a decent piece of property and a home. Once the property is completely paid for and in her name...even after you are gone, a piece of property and home will be so much easier for her to make ends meet.

She should only have to deal with a few utilities and some food each month and relatively small property taxes. Anyway...just something to think about. There is more than one way to achieve your goals in caring for your wife after you have passed away.


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## 197649 (Jan 1, 2013)

Jet Lag said:


> Yes, that is correct and is usable in some instances for legal documentation type things. However, for survivorship on federal benefits it is likely a different matter. Also, it does not give the spouse an automatic right to go to or live in the US. Legality on such things is tricky at best..


As with anything you must go through the process to be able to do what you want. If your spouse is planning on going to the US to live then that needs to be done before that bright white light comes. If your wife plans on going to live there, then I would ask why not live there now? She can become a citizen of the US and live here but you must go through the process. Then you don't have a problem she can come and go just like we can, and she is eligible for the benefits. As Cebu said invest some money in property. Invest in the stock market (if you know what your doing) Put money in a mattress. Bottom line is everything needs to be taken care of before that shiny light comes.


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## 197649 (Jan 1, 2013)

RECOMMENDATION
Years ago at the company I worked at they prepared a survivors help document. I'd like to share this with you all, please feel free to fold spindle and mutilate to meet your needs.
If you don't have a book in your home safe or safety deposit box I would consider doing so
If you have something else please share it. I feel this is an VERY IMPORTANT TOPIC. After all we aren't spring chicken anymore. 

https://dl.dropboxusercontent.com/u/46811198/survivors_help_document.pdf

https://dl.dropboxusercontent.com/u/46811198/Prepare Your Loved Ones.docx


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## Cebu Citizen (Dec 13, 2013)

What well prepared documents! Very well thought out and organized step by step. These cover a lot of great topics. Some items will not apply to those of us living abroad but it is certainly a good place to start and get us thinking about what we should be doing for our loved ones.

We can't take it with us when we pass and it is our duty to care for those we love even after we are gone. What better way to instill into their hearts the feelings we professed to have for them when we are here on the planet.

Thanks for sharing this and hopefully triggering some additional ideas and suggestions in how we can help secure the future of our wives and families.


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## Gary D (Oct 28, 2013)

As a minimum you should be putting away SSS for your wife, even if you do nothing else.


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