M21-1 Manual  /  Part XII, Subpart ii, Chapter 2, Section C

Development of Claims for the Special Allowance Under 38 U.S.C. 1312(a)

M21-1, Part XII, Subpart ii, Chapter 2, Section C

Overview

In This Section

 This section contains the following topics:
TopicTopic Name
1 Obtaining Information From the Social Security Administration (SSA) to Determine Eligibility for the Special Allowance Under 38 U.S.C. 1312(a)
2 Handling Certification of Entitlement for the Special Allowance Under 38 U.S.C. 1312(a) by SSA

1. Obtaining Information From SSA to Determine Eligibility for the Special Allowance Under 38 U.S.C. 1312(a)

Introduction

 This topic contains information on obtaining information from the SSA to determine eligibility for the special allowance under 38 U.S.C. 1312(a), including
  • using VA Form 21P-4180, Request for Certification by Social Security Administration, to obtain information from SSA
  • when to use VA Form 21P-4180
  • preparing VA Form 21P-4180 for referral to SSA
  • completing VA Form 21P-4180, and
  • addressing and mailing VA Form 21P-4180.

Change Date

 May 18, 2015

XII.ii.2.C.1.a. Using VA Form 21P-4180 to Obtain Information From SSA

 Use VA Form 21P-4180, Request for Certification by Social Security Administration, to obtain information from the Social Security Administration (SSA) as to whether the special allowance under 38 U.S.C. 1312(a) may be payable to an eligible survivor or survivors.

XII.ii.2.C.1.b. When to Use VA Form 21P-4180

 Send VA Form 21P-4180 to SSA if
  • the Department of Veterans Affairs (VA) receives a specific inquiry or claim for the special allowance, and
  • SSA Form 101, Determination of Award, SSA Form 101C, Determination of Award, or SSA Form 101U3, Determination of Award, is not of record.
Reference: For more information on the certification of entitlement by SSA, see M21-1, Part XII, Subpart ii, 2.C.2.

XII.ii.2.C.1.c. Preparing VA Form 21P-4180 for Referral to SSA

 Follow the steps in the table below to refer VA Form 21P-4180 to SSA.
StepAction
1 Prepare VA Form 21P-4180, Part 1. Reference: For more information on how to complete the items on VA Form 21P-4180, Part 1, see M21-1, Part XII, Subpart ii, 2.C.1.d.
2
  • Address and mail VA Form 21P-4180 to the appropriate SSA Program Service Center (PSC), and
  • establish a 90-day suspense.
Reference: For more information on addressing and mailing VA Form 21P-4180, see M21-1, Part XII, Subpart ii, 2.C.1.e.
3 Has a reply been received from SSA before the end of the 90-day suspense period?
  • If yes,take appropriate action as shown in M21-1, Part XII, Subpart ii, 2.C.2.d.
  • If no,
    • send a follow-up by submitting another VA Form 21P-4180, which may be a reproduction of the claims folder copy, prominently marked SECOND REQUEST, and
    • maintain a 30-day suspense for response to the follow-up.
4 Has the reply been received from SSA before the end of the 30-day follow-up suspense period?
  • If yes, take appropriate action as shown in M21-1, Part XII, Subpart ii, 2.C.2.d.
  • If no,
    • follow up by fax or telephone, and
    • maintain a 30-day suspense.
Note: Do not withhold the referral of VA Form 21P-4180 to develop for any evidence that may be required to complete the claim.

XII.ii.2.C.1.d. Completing VA Form 21P-4180

 Use the table below for instructions on how to complete the items on VA Form 21P-4180, Part I.
ItemDescription
1, 5, and 6 Provide the Veteran’s
  • full name
  • date of birth, and
  • date of death.
Note: This information is of particular importance for SSA purposes when the Social Security number (SSN) is unknown or not correct.
2 Provide the complete address of the regional office (RO) submitting the form. Note: Since SSA returns these forms in a window envelope, write the address so that the complete address can be seen in the window.
3 Enter the VA claim number.
4 Enter either
  • the Veteran’s SSN, if known, or
  • Unknown.
7 List the following claimants, as applicable:
  • the surviving spouse
  • all children under age 18 or children incapable of self-support, and
  • parents.
Important:
  • It is necessary to list all the possible claimants whether a claim has been filed, such as
    • surviving spouse
    • children, and
    • parents.
  • When parents are listed, make a notation as to whether they have filed a claim for VA benefits.
8 Obtain the signature of the Veterans Service Center Manager.
14 Enter the appropriate SSA PSC as described in M21-1, Part XII, Subpart ii, 2.C.1.e.

XII.ii.2.C.1.e. Addressing and Mailing VA Form 21P-4180

 Use the table below to determine how to address and dispatch the completed VA Form 21P-4180 to SSA.
If …Then address VA Form 21P-4180 to the …
the Veteran’s SSN is known appropriate SSA PSC as described in M21-1, Part III, Subpart ii, 1.B.6.
the Veteran’s SSN is unknown SSA district office nearest the transmitting RO as described in M21-1, Part III, Subpart ii, 1.B.5.b.
the Veteran is a foreign claimant Division of Foreign Claims
Social Security Administration
P. O. Box 1756
Baltimore, MD 21203.

2. Handling Certification of Entitlement for the Special Allowance Under 38 U.S.C. 1312(a) by SSA

Introduction

 This topic contains information on the certification of entitlement for the special allowance under 38 U.S.C. 1312(a), including
  • certifying entitlement for the special allowance under 38 U.S.C. 1312(a)
  • SSA action after determining eligibility
  • information that must be provided on SSA Forms 101, 101C, or 101U3
  • action taken by VA
    • when SSA returns VA Form 21P-4180
    • if entitlement certified by SSA is not payable, and
    • on receipt of an incomplete VA Form 21P-4180, and
  • when recertification for the special allowance under 38 U.S.C. 1312(a) is required.

Change Date

 May 15, 2015

XII.ii.2.C.2.a. Certifying Entitlement for the Special Allowance Under 38 U.S.C. 1312(a)

 The table below describes the process followed by SSA to certify entitlement for the special allowance under 38 U.S.C. 1312(a).
StageDescription
1 Receives notice of death from the service department.
2 Determines whether there are survivors eligible for the special allowance under 38 U.S.C. 1312(a). Reference: For more information on the actions taken by SSA after determining the claimant’s entitlement to the special allowance, see M21-1, Part XII, Subpart ii, 2.C.2.b.
3 Takes action as appropriate depending on the eligibility determination. References: For more information on

XII.ii.2.C.2.b. SSA Actions After Determining Eligibility

 The table below describes the action SSA takes to certify a claimant’s entitlement to the special allowance under 38 U.S.C. 1312(a).
When SSA determines that …Then SSA …
there are survivors eligible for the special allowance
  • there is no survivor eligible to receive the special allowance, or
  • the special allowance is not payable because there is entitlement to an old-age and survivors insurance payment
  • denies the claim, and
  • notifies the claimant.
Note: VA is not responsible for furnishing a notice of denial or review rights, except for an adverse determination as described in M21-1, Part XII, Subpart ii, 2.B.1, and then only if there is a specific claim for the special allowance.

XII.ii.2.C.2.c. Information That Must Be Provided on SSA Forms 101, 101C, or 101U3

 Do not take award action to pay the special allowance unless the SSA Forms 101, 101C, or 101U3 furnished by SSA contain the
  • name and address of each beneficiary
  • monthly rate of payment
  • first month of entitlement, and
  • notation Do not certify. VA Payment Only.

XII.ii.2.C.2.d. Action Taken by VA When SSA Returns VA Form 21P-4180

 Use the table below to determine the action to take when SSA returns VA Form 21P-4180.
If …Then …
VA Form 21P-4180, Item 10A, is checked
  • the special allowance is payable
  • take adjudicative action on all pending claims, and
  • when all claims are finalized, transfer the deceased Veteran’s claims folder to the Philadelphia Pension Management Center (PMC) for payment of the special allowance.
Reference: For more information on the jurisdiction for payment of the special allowance, see M21-1, Part XII, Subpart ii, 2.A.2.
VA Form 21P-4180, Item 11A, is checked
  • the special allowance is not payable
  • add the VA Form 21P-4180to the deceased Veteran’s claims folder, and
  • take no further action.
VA Form 21P-4180, Item 11B, is checked
  • send a letter to the surviving spouse advising of possible entitlement at age 60, and
  • inform the surviving spouse to contact VA at age 60.
Note: This does not affect the jurisdiction of the claims folder.
VA Form 21P-4180, Item 11C, is checked there is no one eligible to receive Social Security benefits. Note: Take no further action.
Note: When the certification of entitlement by SSA is received in an RO and not the Philadelphia PMC, take action as provided in M21-1, Part XII, Subpart ii, 2.A.2.b.

XII.ii.2.C.2.e. Action Taken by VA if Entitlement Certified by SSA Is Not Payable

 If VA determines that entitlement certified by SSA on SSA Forms 101, 101C, or 101U3 is not payable for any reason, notify the SSA PSC that made the certification.

XII.ii.2.C.2.f. Action Taken by VA on Receipt of an Incomplete VA Form 21P-4180

 Use the table below to determine what action to take when SSA returns an incomplete VA Form 21P-4180 because the claimant failed to respond to correspondence from SSA.
If the …Then …
VA Form 21P-4180 contains the most recent address of the claimant as shown in the claims folder
  • add the VA Form 21P-4180 to the deceased Veteran’s claims folder
  • annotate VA Form 21P-4180 with NAN (no action necessary), and
  • include
    • the initials of the employee making the annotation, and
    • the current date.
claims folder contains a more recent address
  • send another VA Form 21P-4180 containing the most recent address of record to the SSA PSC, and
  • annotate VA Form 21P-4180 to show it is being submitted due to the receipt of a current address.
Note: If the claims folder is an electronic claims folder, add the annotation in the Veterans Benefits Management System in the SUBJECT field under DOCUMENT PROPERTIES of the VA Form 21P-4180.

XII.ii.2.C.2.g. When Recertification for the Special Allowance Under 38 U.S.C. 1312(a) Is Required

 If an award of special allowance is delayed by VA for more than one year after the date of approval of the SSA Forms 101, 101C, or 101U3 by the servicing SSA PSC, contact that office by letter requesting verification of continued eligibility before processing an award.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XII, Subpart ii, Chapter 2, Section C (U.S. government work, reproduced for reference). Browse all sections →