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Focus on Forms: Third Party VA Forms – the 21-22a and 21-0845

September 29, 2015

by Lawyers With Purpose with 5 Comments Estate Planning Drafting Software Legal Technical VA

This post is an installment in the Focus on Forms series, which considers and discusses some of the most common forms associated with Department of Veterans Affairs (VA) pension claims. The goal of this post – like all those in the Focus on Forms series – is threefold: to define the purpose of the forms; to discuss how they should be completed; and to recommend what to file with these forms. Today’s subject is the forms related to third parties that may be involved in a pension claim, specifically, the 21-22a and the 21-0845.

Purpose of the 21-22A and the 21-0845

The VA forms 21-22a and 21-0845 are used to establish representation of a claimant by a third party and authorize the release of information to a third party, respectively. The VA does not recognize Powers of Attorney and will only speak or release information to a claimant unless a third party has been recognized by the VA as the claimant's authorized representative or recipient of personal information. The only other person who would be able to communicate or obtain information from the VA regarding a claimant would be the person appointed as fiduciary after an award has been adjudicated and when a claimant has been deemed incompetent. These forms do not have any impact on the processing of the VA claim other than to identify to whom the VA can disclose information. If there is no third party representing the claimant, these forms do not need to be submitted to the VA.

Form 21-22a is entitled, “Appointment of Individual as Claimant’s Representative” and is to be used by accredited attorneys, accredited agents, private individuals, or service organization representatives who want to be recognized in the “preparation, presentation, and prosecution of claims for VA benefits for a particular claimant.” It is a two-page form with instructions embedded in the fields. The individual named on this form should be copied on all correspondence issued by the VA regarding the claimant.

Form 21-0845 is the Authorization to Disclose Personal Information to a Third Party and was recently updated by the VA. The current version is dated May 2015 on the lower left corner of the form. The new version is available in the latest release of the Lawyers with Purpose VA software. It consists of a single page with an introductory first page of general information and specific instructions. It is used to identify non-accredited third parties that can be given information about the claim, but it does not imply that these parties in any way “represent” the claimant. For example, a child, home health care company or assisted living facility may be listed as having authority to obtain information. Note that forms 21-0845 signed by VA beneficiaries who have been deemed incompetent will not be accepted. Therefore, it is best practices to have the claimant sign this form before submitting a claim for benefits, which is a time frame wherein the VA presumes the person is competent.

Completing the 21-22a and the 21-0845

Both of these forms are fairly straightforward. Per the Respondent Burden field in the upper right corner of these files, they should each take no more than 5 minutes to complete. This is an accurate assessment. What is likely to take more time on the VA form 21-22a is getting all the necessary signatures in the appropriate places. It can be confusing, but the claimant and the representative each sign twice – once on each page. Most of the other fields are self-explanatory. An important feature that may easily be overlooked on the 21-22a is a cleverly hidden field that has no number. It is on the second page in the section called “Conditions of Appointment.” The very fine print here indicates that if the individual named on the form as representative is “an accredited agent or attorney, this authorization includes the following individually named administrative employees of my representative.” In the space that follows, you may list all such non-accredited team members who may need to call the VA regarding the status of a claim.

The 21-0845 has similar fields to those in the 21-22a, with the notable exception that the latest version of the 21-0845 now sports the individual character boxes to aid the VA in computer processing of forms at intake. The 21-0845 also allows you to select a security question and answer that you may need to provide as confirmation that you are the person identified when you telephone the VA.

What to file with the 21-22a and the 21-0845

There is nothing in particular that is required to be filed with either of these two forms. They both should be submitted with an Intent to File a Claim or the Fully Developed Claim. They should also be included with any other correspondence you may need to address to the VA, particularly when the third party is the individual signing the correspondence.

The individual appointed as the claimant’s representative on the form 21-22a will automatically be authorized to receive the information accessible by the form 21-0845. So you may ask, why file the 21-0845 in addition to the 21-22a? Some VA call center agents employ the extra security layer provided by the form 21-0845 and will require the response to the security question before they release any information over the telephone. Furthermore, you cannot have more than one 21-0845 on file with the VA at any one time. By filing one with your client’s claim, you ensure from the outset that your firm is the only third party with access to that claim information. Subsequent 21-0845s that are filed will not replace the active one on file until the claimant has notified the VA that he/she wishes to withdraw it.

As mentioned above, neither of these forms will directly affect the adjudication of a pension claim, but when in place they allow you to manage the claim more effectively. Without the powers these forms bestow, you are dependent on receiving information secondhand and perhaps not in a timely manner, which can in turn lead to unnecessary denials.

If you want to sharpen your VA technical legal saw, we offer a free "VA Tech School" webinar the first Wednesday of every month. Click here and join us on Wednesday, October 7th at 12 EST. This month's topic is "Denied Benefits Due to Transfers of Assets: How to Appeal and Win!" Register today!

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services for Lawyers with Purpose.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004. Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder of Lawyers With Purpose, www.LawyersWithPurpose.com.

The Five Key Trusts You Must Know

August 8, 2014

by David Zumpano with No Comment Asset Protection Estate Planning Drafting Software Legal Marketing Medicaid VA

Did you know that when it comes down to it there are only *five* trusts that serve 99.7% of all client needs? These include:

The revocable living trust;
The income only irrevocable trust;
The control only irrevocable trust;
The third party irrevocable trust; and
The completed gift irrevocable trust.

This is all you need to serve 99.7% of all clients. The overindulgence in conversation about DAPT'S, GRATS, GRUTS, FLPs, and other advanced tax planning strategies are for mental exercise only and apply to less than 3 in 1,000 Americans.

The correct trust choice for clients when designing planning to protect their businesses, ensure they qualify for Medicaid, if the need for long-term care occurs, or the preservation and maximization of veteran's benefits, trust choice is critical. But more important than trust choice however, is the drafting utilized inside the trust chosen.

That's why the national Medicaid and VA experts are hosting a three day program to bring you together with your colleagues to show you the solution they have created to these often misused trusts. Click here for the course outline and to register. This three day program will not only address trust drafting and trust use, but also address all of the core elements in today's Asset Protection, Medicaid, and VA Benefits environment.

In just three days, we will show you…

ASSET PROTECTION:

Recent updates to asset protection and Medicaid compliant strategies.
The new asset protection strategies dominating the marketplace.
The death of DAPT'S, FLP'S, GRATS, GRUTS, and tax planning, and what's replaced them.
The five essential trusts and key drafting needs to serve 99.7% of clients.
Four "must have" drafting considerations and three "most forgotten" powers in trust.

MEDICAID:

Four steps to Medicaid eligibility for any client.
How to calculate the "breakeven" to ensure the proper filing date for the shortest penalty period.
Medicaid Qualifying Annuities: Hidden risks and how to properly disclose them to clients or protect from them.
The seven key factors to calculate any Medicaid case in seven minutes (or less!).
IRA's: Exemption versus taxes, how to calculate if IRA's should be liquidated or exempted in Medicaid and VA cases.

VETERANS' BENEFITS:

New claims process for veterans and widows.
Qualifying assisted living facilities as UME's.
Key choices to complete the physician affidavit for more timely approvals.
Update on three year look back for VA benefits.
The key reports no longer required for VA applications.
Dangers of annuities in VA benefits planning.
The effects of the Supreme Court decision on DOMA related to veterans benefits.

ALL PARTICIPANTS IN THIS SUMMIT WILL RECEIVE:

Asset Protection, Medicaid and VA Practice Kit which includes:
50 state Medicaid Reference Resource Guide (summarized in 3 pages)
50 state Estate Recovery Article and updated state by state summary.
Grantor Trust Summary and use tool.

HERE'S WHAT YOUR PEERS HAD TO SAY ABOUT THE PROGRAM:

“You don't know what you don't know. Come learn how to best serve your clients.” –Matthew Donald

“I would consider this mandatory training for any elder law/estate planning attorney. If not, they should plan for a mediocre practice at best.” –Tim Jarvis

“Just do it. The tools and training will absolutely be worth it!” –Rod Halstead

If you are ready for strategic solutions that you can see, touch, and feel, this is not an event you will want to miss. Click here now to begin your strategic approach to solving your clients' trust needs.

To Your Success,

Dave Zumpano
Co-Founder, Lawyers With Purpose
Practicing Attorney, Just Like You!

Integrating Easy

June 18, 2014

by Lawyers With Purpose with No Comment Legal Technical Medicaid Systems & Processes VA

Tiffany Brown, Vice President of DocuBank, again join the Lawyers With Purpose blog as a guest and shares her perspective of how the administrative part of running a practice can be daunting.

Whenever you find something that builds value AND is simple to set up, it’s a win-win.

Thanks to some clever programming on the part of Lawyers with Purpose, getting started with DocuBank is one such winning proposition.

The DocuBank service is a value-added benefit for both your clients and your firm but it’s also one other very important thing – easy.

The DocuBank enrollment form is built right into the Lawyers with Purpose software so that your clients simply sign the form during the signing meeting and your staff then sends it along with the documents to establish their membership. Any information not supplied by the software can always be added by the client at a later date.

Getting started with DocuBank is easy. We have been working with attorneys for more than two decades to establish and comprehensive turnkey process. Having the software integration as part of the DocuBank and Lawyers with Purpose partnership means that the DocuBank solution is even easier for you to implement.

The discounted rates available to you through Lawyers with Purpose mean that adding DocuBank memberships to the service you provide for your clients is also affordable. Click here to find out more about DocuBank.

Click here to find out more about how DocuBank can be a great value-added tool for your firm and your clients.

Tiffany Brown, Vice President, DocuBank

Roslyn Drotar – Coaching, Consulting & Implementation, Lawyers With Purpose

Becoming 360 With Christine Kane of UpLevel You

June 2, 2014

by Lawyers With Purpose with No Comment Coaching & Implementation Legal Marketing Systems & Processes Team Building

We've had some phenominal ~ and passionate ~ conversations about the content we want to bring to the members at the retreat. Meet Christine Kane of UpLevel You who will be sharing her "Becoming 360" on Day 3 of the members only Tri-Annual Retreat in Chicago – June 11-13th, just two weeks from now! What is "Becoming 360" you ask???

and a more compassionate (and passionate!) perspective on you, your life, your future, and how you want to design your success.

In Becoming 360. You’ll dive deeper into your goals, your purpose and your WHY.

You’ll understand and celebrate the real reason we set goals at all.

HINT: It’s NOT about the achievement. It’s about WHO WE BECOME as we get there.

The day will be devoted to that process of setting the goal, and then examining – through conversation, clarity work and training – the 10 areas of your life that drive (or drain) your energy, and who you must BECOME in order to reach and manifest the goals you set.

This is the path of the leader and the entrepreneur. And it gives greater meaning and clarity to our work, our surroundings, our desires, and our relationships.

The LWP team can’t wait to do this work with you! Safe travels and we'll be seeing you all in the Windy City! There are still just a few seats left so if you're interested in attending the Tri-Annual Retreat, pick up the phone and reach out to Angela (acrowther@lawywerswithpurpose.com) TODAY don't wait!

Roslyn Drotar, Coaching, Consulting & Implementation, Lawyers With Purpose

A Day At The Beach: D-Day, June 6, 1944

May 29, 2014

by Lawyers With Purpose with No Comment VA

When I think of a day at the beach, I think of umbrellas, children, swimming, and sunshine. June 6, 1944 was a very different picture at 6:30 a.m. when the “boys” from the 1^st Infantry Division arrived riding Higgins boats on Omaha Beach. It was overcast and storming. The aircraft support troops could not fly in as planned to via an air raid, for fear of hitting the landing craft. The fleet of floating tanks that were expected to be waiting on the beaches, had sunk into the ocean five miles from shore, with only two reaching their destination.

In the water, as well as on the sand, the troops encountered deliberately planted obstruction barriers to prevent the boats from reaching shore. The boats did reach the shore, albeit east of their intended landing place due to strong currents. Many of the men had to wade 50 – 100 yards in water up to their necks, carrying full gear, with guns held overhead, under heavy gunfire. Once reaching the sand, it was open-fire as the troops tried to make it to the multistory-high cliffs and scale them. The battle at Omaha beach took six hours before the Allied forces penetrated a gateway to get through, leaving carnage like no other. The visual I was provided by another was described as “miles of khaki and red” blending the blood with sand.

When I stood there looking out, the beach was quiet and beautiful. The weather was uncharacteristically sunny and warm with clear skies. The only artifacts left are damaged bunkers, grass-grown bomb craters, and the beaches with gorgeous green and blue water flowing in and out. My eyes were trying to see the tankers, ships and soldiers that remained underneath.

My time there was limited, but the memories are forever strong. I could have just turned and left, headed to the next historical site. But I couldn’t. I had to pause and silently say a prayer of honor for those who have served our country in all wars, and for their family members.

The men and women who have experienced war, as well as their families, change after their experiences. But those who study history in-person, not just in books, are changed too. I have always had an appreciation for my WWII clients. But the level of appreciation has heightened now that I have been able to visit the battle sights 70 years later.

Don’t just remember D-Day in years to come, experience it and honor it. My next article will highlight the interview I had with Judge James Hill, WWII veteran.

Victoria L. Collier, CELA, Elder Care Attorney, Co-Founder of Lawyers for Wartime Veterans and Lawyers with Purpose, Veteran, author of 47 Secret Veterans Benefits for Seniors and most recent book, Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit.

Normandy: D-Day 70th Anniversary

May 28, 2014

by Lawyers With Purpose with 6 Comments VA

As a member of the Military Legal Section of the State Bar of Georgia, I had the opportunity to visit Normandy in commemoration of the 70^th Anniversary of D-Day, June 6, 1944. Before going; however, I wanted to be prepared for the trip.

Of course I knew that D-Day was a significant part of our history from World War Two. As part of my elder law practice, I meet WWII veterans and their families regularly. As a veteran myself who was enlisted during the Gulf Wars, I have some understanding of what service members go through.

But, I could not conceive of what it must have been like on the beaches of Normandy. Critics agree that the first fifteen minutes of the movie, Saving Private Ryan, conveys the most realistic re-enactment of the event. Thus, to properly prepare for the trip and get myself in the right psyche, I watched the movie again.

I felt certain “touring” the beaches at Normandy would not be the same as going to Walt Disneyworld like I had done just two months before. For one thing, my four year old twins were not able to go on this trip. Also, I would be accompanied by a 90 year old WWII veteran and my film crew to create an episode for Senior Salute, further memorializing the events back then as well as now.

Travel with me and read my next article about my experience from Omaha Beach.

Lessons from LA Part 2 – Be Prepared, Persistent & Flexible

April 15, 2014

by Lawyers With Purpose with One Comment Legal Marketing Systems & Processes VA

A few weeks ago, I discussed my trip to Los Angeles to interview a big name – Betty White – for my TV show, Senior Salute. The topic of choice was how pets enhance the quality of seniors as they age. Betty White is a huge animal advocate. A date was set, then reset, then canceled.

Was I frustrated, upset and discouraged? YES! But, I decided to take the valuable lessons I learned and celebrate the courage it took to put myself out there and be vulnerable. How many times a day do you or your employees put yourselves out there? Each time you meet with a prospective client, meet with a new referral source, learn and implement a new practice area, like Veterans Benefits, have a difficult discussion about office policies with team members, and the list goes on. The fact of the matter is that we do it all day after day. But, we don’t recognize it or celebrate it. Often we only feel the pain of it.

Oh, I felt pain. I spent about $2,000 to fly to LA and stay in a hotel three time zones away. Leaving my children and out of the office not working for three days. Waiting for the call and the opportunity. Planning in advance, I purchased tickets to attend the live audience taping of Hot in Cleveland, the award winning show that Betty White stars in weekly. I didn’t want the entire week to be a loss. Because entrance is on a first come first seat basis, I wanted to ensure I got a seat so I showed up to the studio 3 hours early (in full stage make up, still with hopes of interviewing Betty). I was third in line, certain to get a seat. I was told to speak with the floor manager about getting VIP status so I could do a “meet and greet” with the cast after the filming. She turned me down, twice. Yes, twice. I was persistent. But, I was also polite. After all, I had a gift to give to Betty that I had carefully selected and purchased in Atlanta.

Once I realized I was not getting access, I felt sorry for myself for a moment and let the hurt and embarrassment set in. Then, I looked around and thought, “I can and will have a great night and enjoy the good of it all.”

What I learned, that we can all practice in our offices, is that:

1. When you want something, go for it. Make all preparations to succeed.

2. Put yourself out there and be persistent but polite. Know when to sit down and enjoy the show.

3. Be ready for anything, but also be ready to accept nothing in exchange of your efforts except the gratification that you took action. Not every at-bat is a home run. Sitting on the sidelines (once in a while) is enjoyable too.

4. Congratulate yourself for the courage it takes to make the decisions you make and take the actions you take. Many people only dream of things they want, but never take the first step toward achieving them.

5. Recognize that failure is sometimes the thrust you need to move forward. John C. Maxwell wrote the book, Failing Forward: Turning Mistakes Into Stepping Stones, that is worth a read.

If your marketing efforts or the implementation of Veterans Benefits into your estate planning or elder care law firm are not going as you expected, stop and praise yourself for the efforts you have made so far. Then, review and make some changes toward the result you want.

Victoria L. Collier is a Veteran and Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder of Lawyers With Purpose LLC, and author of “47 Secret Veterans’ Benefits for Seniors—Benefits You Have Earned … but Don’t Know About.”

P.S. I plan to write Betty White a personal letter, sending her the gift I got for her, and asking for an interview directly. Let’s see what happens!

If you want to come see what Lawyers With Purpose has to offer your estate and elder law practice, please join us in June for 2.5 days full of training on Asset Protection, Medicaid & VA Practice With Purpose program.

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How Inheritance Affects VA Aid & Attendance

March 27, 2014

by Lawyers With Purpose with No Comment VA

Receiving an inheritance can be bittersweet for various reasons. First, you are probably sad the person died. You are also probably happy to be receiving money you need or maybe just want. This windfall, however, can terminate your VA Improved Pension benefits, to include aid and attendance.

Wartime veterans are entitled to receive Improved Pension benefits if they are disabled (with non-service-connected disabilities), if they served at least 90 days on active duty, with one of those days during a period of war, and if they have limited income and assets.

An inheritance is considered “income” when received. The income is then annualized over twelve months. For example, an inheritance of $100,000 is received on February 25, 2014. The income is considered as income for VA purposes from that date through February 24, 2015. How does this affect the pension with aid and attendance?

Assume that the wartime veteran, who is 80 years old and living in an assisted living facility because he needs assistance with at least two activities of daily living, is receiving the maximum VA Improved Pension award for an unmarried veteran of $21,107 per year ($1,758 per month). Because the VA pension program is a means-tested benefit, the veteran’s income cannot exceed the maximum annual pension rate, which is $21,107 per year. Thus, the receipt of $100,000 of inheritance, when treated as income, exceeds the $21,107 per year and may cause the benefits to be terminated.

Is there a way to maintain the VA benefit even when receiving an inheritance? Yes, but only if the veteran’s annual income, to include the inherited funds, is reduced based on deductible medical expenses. When considering income for VA purposes, the VA must deduct all recurring, out-of-pocket medical expenses from the gross income received.

To stick with the example above, the 80-year-old veteran receives annual Social Security of $13,200 and no other income. Adding $13,200 to the $100,000 inheritance would total income equaling $113,200 for a twelve month period. During that same period, the veteran pays $7,500 per month for assisted living costs and another $2,000 per month for home health care because he is a fall risk and wanders at night. Thus, his monthly recurring, deductible medical expenses are $9,500 per month, which equals $114,000 per year. When subtracting the medical expenses from income, $113,200 (income) minus $114,000 (medical expenses), the veteran has negative annual income, and thus would continue to receive his VA pension with aid and attendance at the maximum rate.

Therefore, when a client receives an inheritance, know that it does not automatically disqualify him for the pension, but it may require offsetting medical deductions.

Lastly, if the inheritance will cause termination or reduction of benefits, can the veteran disclaim the inheritance so that it passes to someone else? For VA Improved Pension purposes, the answer is NO. Even if the veteran disclaims the inheritance, the veteran has the duty to notify the VA of his right to receive the inheritance. The VA will count the “expected” inheritance as income even if the veteran never personally receives the money or asset. Thus, disclaiming is not a viable option.

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No Impending Look-Back For VA Pension

March 3, 2014

by Lawyers With Purpose with No Comment Uncategorized

The Veterans Pension Protection Act, Senate Bill 1982 (which has been many different bill numbers and under other titles) did not obtain the 60 votes necessary to pass on Thursday, February 27, 2014. What does this mean?

The bill, under the auspice of promises to “fix” the backlog of Veterans Benefits Disability Claims (service connected claims and appeals), also included a penalty period for non-service connected wartime veterans who apply for the Improved Pension with Aid and Attendance benefit if the claimant gives money or assets away before or after applying for the benefits.

If the bill had passed, the VA would be mandated to ask claimants if they had given any assets away up to three years before the application filing date, or any time after filing an application. If so, the claimant would not be eligible for the Improved Pension benefit until the “penalty” period for the value of the transferred gift had expired. The calculation of the penalty varied depending on whether the claimant was the veteran or the widow, or whether married or single.

Under current laws, the VA is permitted to disregard the value of any gifts to persons who live in the same household as the claimant or when the claimant retains any control or beneficial use of the asset, thereby not effectively reducing their net worth. On the other hand, when a claimant transfers money to a person or specific type of trust now, the VA cannot count it toward the net worth calculation unless the gift violates the two rules (1) transferred to a person in the same household or (2) maintained ownership or control.

While the issue may be at rest during this legislative session, be assured that it hasn’t died and will be proposed in one form or another next session. For up to date information, continue to follow the Lawyers for Wartime Veterans blog and like us on Facebook.

Open Enrollment Period To Expire Soon For Same-Sex Couples’ Survivor Benefits – Lawyers With Purpose

February 4, 2014

by Lawyers With Purpose with No Comment VA

In compliance with the repeal of the Defense of Marriage Act, the Department of Defense (DoD) has opened enrollment for the Survivor Benefit Plan (SBP) to retired military personnel who are gay and married. The Survivor Benefit Plan is income that a widow receives when that person's retired military spouse dies. It replaces, up to 55%, the pension the retiree was receiving prior to death. When the military retiree dies, the pension terminates. Without the SBP, the widow could face financial hardship.

Enrollment in the program is not automatic. Retirees or their widows must act before June 25, 2014 to participate in the SBP Open Enrollment Window.

DoD guidance is as follows:

Any claims to SBP spouse coverage for same-sex spouses of eligible participants of the SBP for periods before June 26, 2013, are not valid, as the Defense of Marriage Act was still the law and in effect prior to June 26, 2013. As a result, no SBP premiums for such coverage will be charged prior to that date. Further, no SBP annuity payments for such coverage will be paid for deaths occurring before that date.

Effective from June 26, 2013, a person who becomes eligible to participate under 10 U.S.C. 1448 (a)(1) and is married to a same-sex partner shall have the SBP program applied as for any other married couple under section 10 U.S.C. 1448, including the requirements for spousal consent for less than full annuity coverage of the spouse.

A person who was married to a same-sex partner upon becoming eligible to participate in the plan prior to June 26, 2013, and who had married that same-sex partner before June 26, 2013, shall have one year from June 26, 2013, to make a spouse election under 10 U.S.C. 1448(a)(3). Such person may not participate at less than maximum coverage described in 10 U.S.C. 1448(a)(3) without the concurrence of the person’s spouse unless they already had provided an annuity for a dependent child. If an election is not received on or before June 25, 2014, full spousal coverage shall be entered and the member shall be responsible for payment of premiums effective from June 26, 2013.

A person who is married to a same-sex partner on June 26, 2013 and has insurable interest coverage under the SBP may terminate the insurable interest coverage and elect spouse coverage. This election must be received on or before June 25, 2014.

A person who was not married upon becoming eligible to participate in the plan, but who married a same-sex partner before June 26, 2013, shall have one year from June 26, 2013, to make a spouse election under 10 U.S.C. 1448(a)(5). The election must be received on or before June 25, 2014, or the person shall be prohibited by law from making such election.

Generally, a person who is a participant in the plan and is providing coverage under the SBP for a spouse, who later does not have an eligible spouse beneficiary may, under 10 U.S.C. 1448(a)(6), elect not to provide coverage for a new spouse in the event of a remarriage.

For a person who enters into a same-sex marriage after June 26, 2013, the election to discontinue participation under 10 U.S.C. 1448(a)(6) must be made within one year of the remarriage. If a member does not discontinue participation, then pursuant to 10 U.S.C. 1448(a)(6), spouse coverage will resume effective on the first anniversary of the marriage.

If the remarriage took place prior to June 26, 2013, the participant has one year from June 26, 2013 to elect out of SBP. If a member does not make such an election within one year of June 26, 2013, then pursuant to section 10 U.S.C. 1448(a)(6), spouse coverage will resume effective no earlier than June 25, 2014.

Additionally, any such person falling within the parameters of section 10 U.S.C. 1448(g), shall have one year from June 26, 2013, or the date of any marriage subsequent to that date, to elect to increase the level of coverage under 10 U.S.C. 1448(g).

Now that marriage rights are recognized, more benefits are becoming available. However, some, like SBP, have open enrollment periods and deadlines to receive the benefits. To protect your spouse, ACT NOW. Lawyers may want to send a letter to all of their clients advising them of this change.