An augmented VA benefit is a VA benefit that is increased, or which has higher income eligibility limits, because of a dependent. An augmented benefit, which for SSI purposes includes a designated beneficiary's portion and a dependent's portion, usually is issued as a single payment to the designated beneficiary.

Protected pensions are those VA pensions based on need that VA first awarded before January 1, 1979, when the improved pension was introduced. They are also known as Old Law or Section 306 pensions. Protected pensions are frozen and do not receive cost-of-living adjustments.

Under VA rules, recipients of protected pensions have the option of continuing to receive a protected pension or switching to the improved pension.

The class consists of all designated beneficiaries of augmented VA protected pensions who were denied SSI benefits or whose SSI benefits were reduced or stopped because SSA counted a dependent's portion of their VA pensions as income to the designated beneficiary.

A designated beneficiary is the veteran or surviving spouse who receives an augmented benefit.

The dependent's portion of an augmented benefit is that part of the benefit that is attributable to the dependent.

SSA will recompute the income eligibility and benefit amounts of all designated beneficiaries whose SSI benefits were denied, reduced, or stopped because SSA counted a dependent's portion of a VA protected pension as income to the designated beneficiary. For purposes of paying an underpayment attributable to a change in VA income in the relief period, FO's:

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  will assume that the class member is disabled or blind, if applicable (unless the SSR shows cessation), and

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  will not reopen issues other than the VA income amount.

EXAMPLES:

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  Mr. Snyder, age 50, was denied for excess income. No disability determination was made. If the change in VA income permits issuance of an underpayment, we assume, for purposes of the underpayment period, that he was disabled or blind.

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  Ms. Nelson, a class member, disagrees with the wage income posted to the SSR for part of the relief period in 1986. The wage income, however, is barred from correction—only VA income may be corrected under the Anderson order.

Under the Anderson order, VA income is subject to correction for months beginning no earlier than November 1981.

The retroactive relief period for records with an augmented VA protected pension ends the month before the month in which SSA inputs the correct VA income (per 4. below) to the SSR.

If the class member stopped receiving an augmented protected pension earlier than the month before the month of input, the relief period ends with the last full month in which the class member received an augmented protected pension.

The class member's portion of the augmented VA protected pension received in December 1978 (for Section 306 pensions) or June 1960 (for Old Law pensions) is the correct VA income for all months in which the class member received an augmented protected pension. The use of these amounts complies with the January 28, 1992 court order. For members of eligible couples, see 6. below for additional considerations.

The Anderson order specifies the manner in which underpayments are to be computed once the correct amount of VA income is known. The method differs, in part, from standard SSI computations. See SI 00832.002 C. and D. for detailed procedures for computing and paying underpayments.

No underpayment is due a member of an SSI eligible couple unless VA recognized a dependent other than the spouse during some part of the relief period.

If the spouse was not a VA dependent, then SSA will pay the full underpayment due based on the designated beneficiary's corrected VA income.

If the spouse was not the only VA dependent, then SSA will include both the designated beneficiary's and the spouse's portion of the VA pension in the couple's countable income when computing the underpayment. (The portions for any other dependents are counted as income to the dependents and not income to the couple.)

EXCEPTION: For members of eligible couples who are residents of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington, see regional POMS instructions in SI 00832.316.

The Anderson order requires SSA automatically to determine the current eligibility of identified class members. To obtain the detailed information needed to make this determination, and to provide full appeal rights on any determination made, FO's will obtain SSI applications from all identified class members who are not currently eligible for SSI benefits.

The first day of the month in which the Anderson case review is initiated is the protective filing date.

Class members not identified centrally by computer and class members who are members of eligible couples must request review no later than February 21, 1993, unless they establish good cause for late filing according to GN 03101.020. Posters in FO's must remain on display through February 21, 1993.

SSA will develop the amount of underpayment due a deceased class member through the month of death if a surviving spouse would qualify to receive it. See SI 02101.001-02101.008.

SSA will not withhold (or permit the automated system to withhold) from an Anderson underpayment any prior overpayment amount if all or part of the overpayment occurred during the underpayment period. See SI 00832.002 C.2.e.