c. Handling Claims in the Claimant Is Awarded Less than the Full Rate If a case is encountered in the claimant was awarded less than the full rate and the additional claimant, who was receiving an apportioned share, is no longer entitled to benefits adjust the claim without regard to the effective date requirements of , and authorize the retroactive increase effective as of the commencing date of the award, but not prior to December 1, 1962. Note: If the payee has died, benefits may be adjusted and payable as an accrued benefit. Reference: For more information on accrued benefits, see , and M21-1, Part VIII. 2. Claims for Social Security Survivors’ Benefits Change Date July 12, 2015 a. Processing Form SSA-24 Follow the instructions in the below upon receipt of Form Application for Survivors Benefits, as an attachment to VA Form 21-534, Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child (Including Death Compensation if Applicable) or VA Form 21-535, Application for Dependency and Indemnity Compensation by Parent(s) (Including Accrued Benefits and Death Compensation When Applicable). Step Action 1 Stamp the date of receipt on both forms. 2 Enter the correct Department of Veterans Affairs (VA) file number in Block 12 of Form SSA-24. 3 Fax or mail Form SSA-24 to the appropriate Social Security Administration (SSA) office, according to the instructions in the table below. Note: There is no need to prepare a cover letter for the form or complete blocks 20 and 21 of the form. 24,
a. Recognition of Applications to SSA as Applications to VA Under , consider an application for survivors’ benefits filed as a result of the death of a Veteran with the SSA on or after January 1, 1957, as a claim for VA survivors benefits, even if VA Form 21-4182, Application for Dependency and Indemnity Compensation or Death Pension is not received by VA. References: For more information on claims applications and initial actions, see M21-1, Part III, Subpart ii, 2, and information requests to, or from, Federal and State agencies, see M21-1, Part III, Subpart iii, 3, and M21-1, Part III, Subpart iii, 4. b. Processing VA Form If the SSA receives VA Form 21-4182 as a supplemental attachment to an application for Social Security benefits, SSA personnel forward the form to VA. Note: If received before March 2015, VA accepts the form as a formal but incomplete claim for survivors benefits. Upon receipt of VA Form 21-4182, process it according to the instructions in the table below. Step Action 1 Has the claimant already submitted a completed and signed VA Form 21-534 or VA Form 21-535? If yes, proceed to Step 3. If no, send to the claimant VA Form 21-534 (if the claimant is a surviving spouse or or VA Form 21-535 (if the claimant is a surviving parent). Proceed to Step 2. 2 As soon as the claimant returns VA Form 21-534 or VA Form 21-535, establish the claim with the date of claim that SSA received the VA Form 21-4182. 3 Is a claim for survivors benefits from the claimant already pending? If yes, proceed to the next step. If no, proceed to Step 5. 4 Is the date SSA received VA Form 21-4182 prior to the date VA received the pending claim for survivors benefits? If no,
b. Action to Take in Response to Protest From the If a protest is received from a payee whose award is reduced, follow the contested claims procedure in M21-1, Part III, Subpart vi, 6. c. Action to Take if the Additional Dependent Is Not Entitled Restore or release the full rate payable to entitled persons from the date of reduction or entitlement if it is determined that the additional dependent is not entitled. d. Action to Take if the Additional Dependent Is Entitled If an additional dependent establishes entitlement award the additional dependent’s full share effective the date of entitlement, and adjust any running awards. Use the table below to adjust running awards. If the additional dependent is entitled … Then reduce the running awards from the … from a date before the date VA received his/her claim first day of the month following the date of entitlement. Note: Any resulting overpayment due to failure to withhold benefits is subject to recovery or waiver of recovery. only from the date VA received his/her claim first day of the month following the later of the following dates: the date of the or the date of the last payment. before October 1, 1982 of the following dates: the effective date of entitlement the date of the claim, or date of last payment (DLP).
e. Failure to Reduce an Award When Entitlement of an Additional Dependent Is Established Consider VA’s failure to reduce a running award, when entitlement of an additional dependent has been established, the result of administrative error. To rectify the make adjustments and prepare an administrative decision in accordance with M21-1, Part III, Subpart v, 1.