Office of the General Counsel

Date: [xxx]
Matter of: [xxx]
File Number:1997-00046

[agency name and address]

Dear Mr. [xxx]:

This is in response to your letter of December 13, 1996, in which you requested assistance in determining the disposition of the unpaid, accrued benefits of [xxx]. As explained in your letter, on July 9, 1996, Mr. [xxx] was retroactively awarded benefits in the amount of $2,662. However, on August 26, 1996, the [agency] was notified that Mr. [xxx] had died on March 13, 1996.

The retroactive benefit check was subsequently returned; $364 was applied to an overpayment in Mr. [xxx]'s account; $2,210.08 was issued to the decedent's estate for burial expenses; and approximately $88 remains undistributed. Mr. [xxx] was divorced and had no children.

In accordance with the applicable statutory provision, 38 U.S.C. 5122, the remaining amount shall be paid to the estate of the deceased payee.

I hope that this information will be of assistance to you.

Sincerely yours,

Murray M. Meeker
Senior Attorney