BASIC (04-00)

A. Introduction

Filing a valid application for Special Veterans Benefits (SVB) will result in the claimant:

• receiving a written determination(s) of qualification/entitlement, and

• being able to appeal the written determination.

B. Policy - Requirements

1. Valid Application

A valid application for SVB requires that:

• A proper applicant (see VB 00201.015 for definition) must file an application on a Form SSA-2000-F6 (Application For Special Benefits For World War II Veterans) to receive SVB benefits.

• Once a valid application is filed, SSA must issue a formal written determination(s) on qualification/entitlement to SVB. (See GN 00204.001 for the criteria of a valid claim. See VB 00101.005 for an overview of the SVB initial claims process.)

2. Application Not Required

An SVB application is not required if an existing determination is reopened under the rules of administrative finality. (See VB 02507.000 ff for the policy on title VIII administrative finality.) If necessary, use SI 04070.010 until policy on title VIII administrative finality is available.

C. Policy - Life of Application

1. Time Period

The prospective life of an SVB application extends from the filing date, including the protective filing date if earlier, through the date the Field Office (FO) or Central Processing Site (CPS) makes the determination to pay or deny the claim. It has no retroactivity before the month of filing. (See GN 00204.007A.1. for a definition of filing date.)

Since no SVB payments will be made prior to May 1, 2000, a protective filing made earlier is not needed for protection of the benefit payments, but may be needed for qualification/entitlement to SVB.

2. Extending the Life of the Application

The prospective life of an application continues based on a timely appeal but only through the date a decision is made on the appeal. The life of an application also continues when it is remanded to an ALJ as a result of an appeal to the Appeals Council (AC) or court or if it is remanded to the AC by a federal court. (See VB 02501.001 for an overview of administrative review.)

3. When New Application Is/Is Not Required

• If a claimant meets all factors of qualification/entitlement in any month during the life of the application, the claimant can receive payment without filing a new application.

  Since no SVB payments will be made prior to May 2000, a protective filing made earlier will only protect the individual for qualification/entitlement purposes but not for protection of benefit payments.

• If the claimant is not eligible for SSI in the month a protective filing is made or the month an application is filed, a new application for SVB is necessary. Entitlement will be determined based on the filing date of the second application and will not be retroactive. (See VB 00205.020 for definition of "eligible for SSI" in the month of filing.)

  If the claimant becomes eligible for SSI in any other month during the life of the application, the claim for SVB must be denied.

• If the claimant meets all factors of entitlement after the date of an appeals decision, a new application is necessary unless the original decision can be reopened under the rules of administrative finality. Entitlement will be determined based on the filing date of the second application and will not be retroactive. (See VB 02507.000 ff. for the policy on title VIII administrative finality. If necessary, use SI 04070.010 until policy on title VIII administrative finality is available.)

• If the claimant does not become a foreign resident within 4 months of when he or she is notified that the requirements for qualification have been met and no good cause is shown for extending the 4-month period, he or she must file a new application to become entitled to SVB. Entitlement will be determined based on the filing date of the second application and will not be retroactive. (See VB 00102.010D. for when the 4-month period can be extended.)

  The 4-month period applies to establishing foreign residence, not to submitting evidence of this to SSA. See VB 00205.150 for information about establishing residence outside the United States.

D. Policy - Scope of Application

1. General

An SVB application is an application for the following benefits:

• Title VIII (see VB 00901.010 for closing out the title VIII aspects of the claim).

• Title II (see VB 00901.010 for closing out the title II aspects of the title VIII claim).

• Title XVI (see VB 00901.010 for closing out the title XVI aspects of the title VIII claim).

2. Limiting the Scope

A claimant may choose to limit the scope of an SVB application to exclude one or more of the benefits in VB 00201.010D.1. (See GN 00204.020C. for restricting the scope of a title II application.) There is no requirement in the title VIII statute that an SVB claimant/beneficiary file for any other benefits possible.