Filing a valid application for Special Veterans Benefits (SVB) will result in the
receiving a written determination(s) of qualification/entitlement, and
being able to appeal the written determination.
A valid application for SVB requires that:
A proper applicant (see VB 00201.015 for definition) must file an application on a Form SSA-2000-F6 (Application For Special
Benefits For World War II Veterans) to receive SVB benefits.
Once a valid application is filed, SSA must issue a formal written determination(s)
on qualification/entitlement to SVB. (See GN 00204.001 for the criteria of a valid claim. See VB 00101.005 for an overview of the SVB initial claims process.)
An SVB application is not required if an existing determination is reopened under
the rules of administrative finality. (See VB 02507.000 ff for the policy on title VIII administrative finality.) If necessary, use SI 04070.010 until policy on title VIII administrative finality is available.
The prospective life of an SVB application extends from the filing date, including
the protective filing date if earlier, through the date the Field Office (FO) or Central
Processing Site (CPS) makes the determination to pay or deny the claim. It has no
retroactivity before the month of filing. (See GN 00204.007A.1. for a definition of filing date.)
Since no SVB payments will be made prior to May 1, 2000, a protective filing made
earlier is not needed for protection of the benefit payments, but may be needed for
qualification/entitlement to SVB.
The prospective life of an application continues based on a timely appeal but only
through the date a decision is made on the appeal. The life of an application also
continues when it is remanded to an ALJ as a result of an appeal to the Appeals Council
(AC) or court or if it is remanded to the AC by a federal court. (See VB 02501.001 for an overview of administrative review.)
If a claimant meets all factors of qualification/entitlement in any month during the
life of the application, the claimant can receive payment without filing a new application.
Since no SVB payments will be made prior to May 2000, a protective filing made earlier
will only protect the individual for qualification/entitlement purposes but not for
protection of benefit payments.
If the claimant is not eligible for SSI in the month a protective filing is made or
the month an application is filed, a new application for SVB is necessary. Entitlement
will be determined based on the filing date of the second application and will not
be retroactive. (See VB 00205.020 for definition of "eligible for SSI" in the month of filing.)
If the claimant becomes eligible for SSI in any other month during the life of the
application, the claim for SVB must be denied.
If the claimant meets all factors of entitlement after the date of an appeals decision,
a new application is necessary unless the original decision can be reopened under
the rules of administrative finality. Entitlement will be determined based on the
filing date of the second application and will not be retroactive. (See VB 02507.000 ff. for the policy on title VIII administrative finality. If necessary, use SI 04070.010 until policy on title VIII administrative finality is available.)
If the claimant does not become a foreign resident within 4 months of when he or she
is notified that the requirements for qualification have been met and no good cause
is shown for extending the 4-month period, he or she must file a new application to
become entitled to SVB. Entitlement will be determined based on the filing date of
the second application and will not be retroactive. (See VB
00102.010D. for when the 4-month period can be extended.)
The 4-month period applies to establishing foreign residence, not to submitting evidence
of this to SSA. See VB 00205.150 for information about establishing residence outside the United States.
An SVB application is an application for the following benefits:
Title VIII (see VB 00901.010 for closing out the title VIII aspects of the claim).
Title II (see VB 00901.010 for closing out the title II aspects of the title VIII claim).
Title XVI (see VB 00901.010 for closing out the title XVI aspects of the title VIII claim).
A claimant may choose to limit the scope of an SVB application to exclude one or more
of the benefits in VB 00201.010D.1. (See GN
00204.020C. for restricting the scope of a title II application.) There is no requirement in
the title VIII statute that an SVB claimant/beneficiary file for any other benefits