BASIC (04-00)

A. Introduction

Applications and protective filings must be closed out so that the filing protection does not remain open indefinitely.

B. Policy - Applications

1. Title II and Title XVI Benefits

A title VIII application is also an application for title II as well as title XVI benefits that must be closed out by adjudication. A title VIII application is not an application for Medicare or Medicaid benefits.

2. Appeal Rights

The title II and title XVI closeout paragraphs on the title VIII award/denial notice are formal title II and title XVI determinations that give the claimant full appeal rights.

C. Procedure - Applications

Follow the instructions in VB 00901.000 to close out the title II and title XVI applications.

D. Policy - Protective Filings

The policy on closing out protective writings is in GN 00204.012. An oral inquiry must also be closed out.

E. Procedure - Protective Filing Closeout

Dispose of an oral or written protective filing for SVB benefits by one of the following methods:

• Secure an application for SVB benefits.

• Send a 60-day closeout letter to the applicant/claimant (see VB 05001.005B for notice requirements).

In addition, a closeout notice should be sent when:

• An informal determination of ineligibility is made (see VB 00201.040), or

• The claimant dies after making a written statement or oral inquiry but before filing an application.

Under title VIII, there is no provision for the payment of underpayments or of benefits to dependents or survivors. An abatement notice should be sent to the applicant if other than the claimant. If the claimant filed on his/her own behalf, then no notice is necessary (see GN 00204.005E).

If sending notice to applicant, use paragraph MISR07 in NL 00725.005 for notice. Change “Social Security”in this paragraph to “Special Veterans Benefits”. End the notice with either paragraph REF001 (if domestic address) or paragraph REF002 (if foreign address) under the caption "If You Have Any Questions."