Part XII, Subpart ii, Chapter 2, Section CDevelopment of Claims for the Special Allowance Under 38 U.S.C. 1312(a)

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.

• 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.

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.

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.

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.

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.

Enter the VA claim number.

Enter either

• the Veteran’s SSN, if known, or
• Unknown.

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.

Obtain the signature of the Veterans Service Center Manager.

Enter the appropriate SSA PSC as described in M21-1, Part XII, Subpart ii, 2.C.1.e.

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

Receives notice of death from the service department.

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.

Takes action as appropriate depending on the eligibility determination. References: For more information on

• the appropriate SSA actions after determining eligibility, see M21-1, Part XII, Subpart ii, 2.C.2.b, and
• reviewing the VA Form 21P-4180 returned by SSA to determine entitlement or non-entitlement, see M21-1, Part XII, Subpart ii, 2.C.2.d.

there are survivors eligible for the special allowance

• returns VA Form 21P-4180 with the appropriate notations

• furnishes a copy of an award letter

• furnishes enclosures for the award letter as described in M21-1, Part XII, Subpart ii, 2.D.2, and

• furnishes one of the following forms to VA as authority for payment:

  • SSA Form 101
  • SSA Form 101C , or
  • SSA Form 101U3.

• 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.

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-4180 _ _ to 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.

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 (n o a ction n ecessary), 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.