VB 05001.005: Overview of Title VIII Notices
Effective Dates: 07/08/2014 - Present
- BASIC (04-00)
- VB 05001.005 Overview of Title VIII Notices
- A. Introduction
- Title VIII notices and paragraphs are addressed to the appropriate contact (the claimant, his/her proper applicant, legal representative or payee). Notices are used to obtain or provide information that is needed for claims development, claims adjudication, and post-entitlement events.
- There are 11 notices which cover the situations encountered during the claims development and adjudication process. These notices contain optional paragraphs which should be requested in the situations described in the notice sections VB 05001.011-VB 05001.021. In addition, each notice provides optional space which may be used to provide or request information specific to an individual case.
- Like other Social Security notices, title VIII notices contain fill-ins which should be used to tailor the notice to the addressee, depending on whether it is being sent to the claimant, a proper applicant, legal representative or guardian, or representative payee.
- B. Process
- 1. General
Notices are available for use by U.S. Social Security offices and the Foreign Service Post (FSP). However, notices must be sent in accordance with the guidelines for the responsibility and jurisdiction of title VIII claims development and adjudication as provided in VB 00210.001 and VB 00901.000.
- 2. Claims development and adjudication
The dictated notices described in VB 05001.011 through VB 05001.021 follow the title VIII claims development and adjudication process. These notices have been written to address both domestic and foreign audiences. Consideration has been given to the actual circumstances under which these notices will be sent and where they will be sent. For example, development procedures may vary depending on whether the contact is in the United States, or is outside the United States in an area not serviced by a U.S. Social Security office or the FSP. Therefore, it is important to select the appropriate notice.
- 3. Notification requirements
- Notification requirements are provided in the title VIII applications (VB 00201.020 and VB 00201.035), claims development (VB 00210.000), and adjudication (VB 00901.010 and VB 00901.015) sections. In addition, the notice descriptions in VB 05001.010 provide information as to when the notice is required, for example, notices for closing out protective filings based on inquiries and writings, requests for information/evidence, denial and award notices).
- Notification requirements are also provided in the representative payee sections in VB 05001.000. Please note that advance notices of rep payee determinations are not appropriate for SVB cases because advance notices are not required for individuals residing outside the United States. Therefore, appeals language ordinarily provided in an advance notice has been included in SVB rep payee notice determinations (as appropriate to the situation).
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