Nearly Three Decades of Service. A Family’s Fight for the Retirement Pay Their Step-Father Earned.
Law Offices of David P. Sheldon, PLLC reports DFAS payment progress following mandamus litigation; retroactive funds remain under final review.
WASHINGTON, D.C. — After a prolonged struggle to receive the military retirement pay their father earned through 29 years of Navy service, one family has finally obtained relief: the Defense Finance and Accounting Service (DFAS) has corrected the retired Chief Petty Officer’s direct deposit information and he finally received his payments after nearly a 2-year lapse. It took making it a federal case.
DFAS’s Office of General Counsel also confirmed that an audit of the retroactive funds owed to the veteran is underwent final review and is currently pending payment in the amount of over $76,000.
The development follows a federal mandamus action brought by the Law Offices of David P. Sheldon, PLLC on behalf of the veteran’s appointed power of attorney. The action sought to compel government officials to address the withheld retirement payments and direct both overdue and future payments to the veteran’s designated bank account.
For the family, the dispute concerned the loss of income their father had earned through nearly three decades of service to his country, including service during the Vietnam War. The interruption created financial hardship during a time in which the veteran was medically deemed incompetent, incurred significant medical bills, and left the family trying to navigate an administrative system that repeatedly failed to resolve the problem.
According to the petition, the veteran’s retired pay account was suspended in early 2025 after a payment was returned from a closed bank account. His stepdaughter, acting under a power of attorney, sought to redirect his payments to a new account.
What followed was an extended series of submissions, telephone calls, correspondence, and requests for clarification from DFAS’s refusal to act. The petition describes more than 17 months of efforts to obtain DFAS action, including repeated document submissions, changing explanations of what was required, and online help tickets closed without resolving the underlying request.
Each additional administrative hurdle prolonged the family’s uncertainty about when her step-father would again have access to his retirement income.
“A family should not have to spend month after month fighting to access retirement pay their step-father earned through 29 years of service,” said attorney Fleming Keefe. “We achieved an important step toward restoring his income, but the retroactive payments remain outstanding It simply boggles the mind that it took bringing a federal action to remedy this situation. I respect DFAS’s general counsel for stepping in to resolve this matter when it came to her attention, however I challenge DFAS to review their internal processes so that similar issues may be avoided in the future. This issue was entirely avoidable and should not have required such extreme effort. DFAS owes more to its veterans, and it certainly owes more to its vulnerable veterans.”
The firm’s petition sought relief in the U.S. District Court for the District of Columbia through mandamus and the Administrative Procedure Act. It asked the court to compel agency action on the overdue and future retirement payments.
The case illustrates the burden an unresolved retirement-pay problem can place on a veteran’s entire family. Relatives acting on a loved one’s behalf may face repeated paperwork demands while also trying to manage the financial consequences of interrupted income.
The Law Offices of David P. Sheldon, PLLC represents service members, military retirees, and their families in matters involving military records, retirement benefits, and federal administrative disputes.
About the Law Offices of David P. Sheldon, PLLC
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC represents military service members, veterans, federal employees, and uniformed services professionals in military, federal, and administrative legal matters. The firm helps clients protect their careers, benefits, and rights through administrative proceedings and litigation.
For more information, visit militarydefense.com or call (202) 546-9575.
Disclaimer
This release provides general information and does not constitute legal advice or create an attorney-client relationship. The account of the dispute is based on the petition and the subsequent DFAS update. Allegations in the petition are not judicial findings. DFAS reported a scheduled monthly payment; receipt has not been independently confirmed. The retroactive payment amount and release date remain pending. Past results do not guarantee a similar outcome in another matter.