Many families of children with disabilities are also military families. One benefit that may be available for these children is the military Survivor Benefit Plan (SBP). The SBP will pay up to 55% of the military member's retirement pay to a spouse or a dependent child when the retiree dies. The benefit is adjusted annually for inflation. The military member also has the option to select a lower benefit at a lower...

On this edition, Kirk Jensen and Jeff Naimon of BuckleySandler LLP in Washington, D.C. discuss the Servicemembers Civil Relief Act (SCRA). They discuss how military servicemembers are protected by the act, the types of financial obligations affected by the act, including mortgages, which have been in the news lately, how a serviceman's military status is made known to a creditor, penalties for violating the act, and...

Under the "learn something new every day" heading, Pet Trust Law Blog reports today on a federal statute providing for a Military Power of Attorney for service personnel. The statute ( US Code Title 10, Section 1044b ) providing for Military Powers of Attorney has some interesting provisions: • A document will be a "Military Power of Attorney" if it is notarized in any state, or as set forth...

By Sandra L. Smith, Partner, Oast & Hook The Department of Veteran Affairs (VA) manages many programs for veterans including the Rural Health Initiative, and foster homes for veterans with disabilities. The goal of the VA Rural Health Initiative is to help ensure the effective delivery of health services to rural and highly rural veterans. Many of these veterans do not have transportation to see their physicians...

Pets2Vets was started by Dave Sharpe of Arlington, Virginia. After he returned from Iraq, he was troubled by thoughts he could not shake; he went with a friend to a local pit bull rescue and adopted a puppy. The puppy has helped him transition back to his life at home. Pets2Vets is a group that matches veterans with homeless pets by arranging adoptions of shelter animals; one of its goals is to raise awareness of post...

Justice Department Announces Settlement of Its First Landlord-Tenant Case under the Servicemembers Civil Relief Act WASHINGTON – The Justice Department announced last week that it had reached a settlement with a Virginia landlord to resolve allegations that she violated the Servicemembers Civil Relief Act (SCRA). The lawsuit alleged that the landlord failed to return prepaid rent and security deposits to a tenant...

Article: SENDING IN REINFORCEMENTS: A new ABA group will coordinate efforts to bolster legal services for veterans , ABA Journal, 95 A.B.A.J. 62 (April, 2009) . Article : Remembering soldiers in legal need: Minn. lawyers pitch in to help military families , The Minnesota Lawyer (May 25, 2009) . Article : Treatment Courts Aimed at Getting Vets Back on Track, Elsevier Global Medical News, (June 26, 2009) . Find...

Disability The U.S. Department of Veterans Affairs administers a wide range of benefits for veterans, including compensation and pension benefits for disabled veterans and their dependents. The law on the topic of VA benefits is extensive, from Veterans’ Rights & Benefits Statutes (USCS Title 38) and regulations , to decisions of the Board of Veterans Appeals , the U .S. Court of Appeals for Veterans Claims...

Family Military Leave On November 17, 2008, the United States Department of Labor (DOL) issued highly anticipated revisions to the 1995 regulations interpreting the 15-year-old Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 et seq. The new regulations also clarify the first-ever amendments to the FMLA, which were signed into law in January 2008, granting additional leave entitlements to military family...

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