Golden, Luttrell introduce bipartisan bill to eliminate statute of limitations for Gold Star survivor benefits
WASHINGTON — Congressmen Jared Golden (ME-02) and Morgan Luttrell (TX-08) today introduced the Supporting our Surviving Spouses Act, which would eliminate the six-year statute of limitations on survivor benefits for Gold Star spouses.
Golden began work on the bill following outreach from a constituent whose husband passed away while on active duty in 2012, who said she was not informed of her eligibility for a portion of survivor benefits until more than a decade later. The constituent applied for the benefits owed, but was denied by the Department of Defense, which said her eligibility window had expired.
“Gold Star families should never lose out on survivor benefits because of arbitrary red tape,” Golden said. “This is a serious problem that’s hurting people who’ve already lost so much. Getting them the resources they’re entitled to is a basic responsibility of our government, and I’m glad to work across the aisle to remove barriers that prevent it from happening.”
“Our commitment to Gold Star families shouldn’t expire on a timeline, especially when some families don’t even know they’re eligible until it’s too late,” Luttrell said. “I’m proud to co-lead the Supporting our Surviving Spouses Act to ensure surviving spouses of those killed after 9/11 can claim the benefits they’re owed no matter when they apply.”
Under the current Barring Act, any claims against the federal government — including those by military spouses to receive survivor benefits — must be made within six years. If that statute of limitations passes without a claim being completed, agencies no longer have jurisdiction to process it. While a waiver system for extenuating circumstances does exist, veterans service organizations have told Golden that successful waivers are extremely rare — a reality which has denied Gold Star families of the benefits they’d otherwise receive.
The bill has been endorsed by the American Legion, Veterans of Foreign Wars, Tragedy Assistance Program for Survivors, and Disabled American Veterans.
Full text of the legislation can be found here.
WHAT THEY’RE SAYING:
“The Department of Maine Veterans of Foreign Wars is proud to support this bill which will remove the six year statute on these claims,” Steven SanPedro, state commander of the Department of Maine Veterans of Foreign Wars said. “We feel that a surviving spouse deserves all benefits to include monetary for the sacrifice their loved ones gave to their country. By passing this, the country will be “Honoring Their Contract” to our veterans, our military, and their families.”
“There shouldn’t be a time limit for families to access the survivor benefits they’re entitled to after the loss of a loved one. But the current law prevents many spouses from ever being able to do so,” Maine Legionnaire Matthew Jabaut said. “Making survivor benefits payable, no matter when claims are made, is the right thing to do — plain and simple. I’m appreciative to Congressman Golden for leading the charge on fixing this real problem.”
“The Tragedy Assistance Program for Survivors (TAPS) greatly appreciates Congressman Jared Golden and Morgan Luttrell, Chairman of the Disability Assistance and Memorial Affairs Subcommittee for introducing the Supporting our Surviving Spouses Act,” Bonnie Carroll, president and founder of TAPS said. “This important legislation will allow military surviving families more time to file a claim for survivor benefits, by removing the six-year statute of limitations on line of duty deaths. Ensuring our surviving families the support and benefits they deserve is our nation’s sacred obligation and we urge swift passage of this critical legislation.”
“Families of fallen service members should never be burdened with unnecessary legal obstacles and arbitrary timeframes to receive the benefits they rightfully deserve,” Joy J. Ilem, national legislative director of Disabled American Veterans said. “By eliminating restrictive statutes of limitations, the Supporting our Surviving Spouses Act acknowledges the lasting impact of service and sacrifice, reinforcing our nation’s unwavering commitment to those who bear the ultimate burden. DAV applauds Rep. Golden for introducing and championing this critical legislation.”
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