When a veteran dies uninsured for Social Security purposes, Section 412 of 38 U.S.C. provides that the VA may make special monthly payments to survivors if the veteran dies after 1956:

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  while on active duty, or on active or inactive duty for training; or

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  as a result of a service-connected disability incurred after 9/15/40.

This payment may be made to a survivor who is not entitled to monthly Social Security benefits, but who could become entitled if an application were filed and if the veteran had died both fully and currently insured. SSA is responsible for determining:

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  the date of death;

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  if insured status is not met;

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  if there are any eligible survivors;

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  the amount of benefits; and

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  the months that the benefits are payable.

Apply the Social Security rules on eligibility, deductions, suspensions and terminations. The reviewing office will maintain a claims folder on these cases because the data are not housed on the MBR. The VA will make the actual payments.

If the survivor is not provided for under Section 202 of the Social Security Act, such as a class being paid under a court order, contact OISP to determine if the VA will pay the special benefit.