MOAA: Answer Digest (Social Security Online)

Social Security Online
By CWO4 Lewis Tolleson, USCG-Ret., Director; Lt. Col. William A. Pierce, USA-Ret.; and Capt. Bud Schneeweis, USCG-Ret. Benefits Information

Is it possible to apply for Social Security or disability benefits via the Internet?

Yes. Apply for Social Security retirement benefits, spouse’s benefits, or disability benefits online by going to www.ssa.gov/applyforbenefits and following the instructions.

Military Retired Pay

Is it true that because my former spouse was married to me for more than 10 years while I was on active duty, she is entitled to a portion of my military retired pay?

No. The Uniformed Services Former Spouse Protection Act (USFSPA) does not provide entitlement to military retired pay. However, the USFSPA does allow former spouses to receive a direct payment of up to 50 percent of disposable retired pay when the former spouse was married to a servicemember for 10 or more years concurrent with creditable service for retirement, and the court treats the military retired pay as marital property.

Does the USFSPA require division of military retired pay in a divorce?

USFSPA does not automatically divide retired pay as property. However, it does permit a court to award a portion of military retired pay to a former spouse as his or her property. This is in addition to any other court-awarded spousal or child support or division of other marital property. A court may award more than 50 percent of a retired servicemember’s pay to the ex-spouse as property, but the government is authorized only to send up to 50 percent of disposable retired pay directly to the ex-spouse.

TRICARE Eligibility

When do TRICARE benefits become available to family members of National Guard and Reserve forces called up for service in Afghanistan or Iraq?

TRICARE eligibility for families of National Guard and Reserve servicemembers begins the day the sponsor is activated to military service on federal orders for more than 30 days. Family members are not required to wait 30 days to use their TRICARE health care benefits, but to take advantage of TRICARE, sponsors and all family members must be enrolled in the Defense Enrollment Eligibility Reporting System.

Guard and Reserve family members using TRICARE Standard pay the same as active duty family members, namely cost shares equal to 20 percent of the TRICARE maximum allowable charges (TMAC) for covered health care services obtained from TRICARE-authorized providers. Those using TRICARE Extra when receiving care from tricare network providers pay cost shares equal to 15 percent of TMAC. By comparison, retirees pay 25 percent for Standard and 20 percent for Extra.

The Benefits Information Department wishes “fair winds” to Director CWO4 Lewis Tolleson, USCG-Ret., as he sails off to Fort Myers, Fla., and a well-deserved retirement. Lew served as deputy director, Personal Affairs Department (now Benefits Information) from 1986 through Dec. 1, 2001, when he assumed the director’s position. During his 17-plus years on MOAA’s staff Lew traveled hundreds of thousands of miles, mostly on weekends, making presentations to retirees, active duty members, guardmembers and reservists, chapter and council members, and other groups. Lew updated the “SBP Made Easy,” “Help Your Surviving Spouse—Now,” and “National Guard and Reserve Retirement Benefits” booklets annually and authored “SBP Road Map,” “SBP Road Map for the National Guard and Reserve,” “Survivor Checklist,” and “USFSPA — A Guide to Eligibility and Entitlement.” He also wrote this column for most of those 17 years and answered countless phone calls, letters, and e-mails from people with benefits questions.

Lew says, “Every day that I came to work I helped our members with problems that they couldn’t resolve themselves, but called on TROA/MOAA as a court of last resort. That’s a good feeling when you go home each day.” We agree.