M21-1, Part III, Subpart iii, Chapter 3, Section B – Social Security Administration (SSA) Requests for Information From Department of Veterans Affairs (VA)

In This Section

Introduction

• requirements of 38 U.S.C. 5105
• where SSA sends requests for medical evidence in VA’s possession
• contents of an SSA request for medical evidence
• statutory requirement to maintain the confidentiality of certain medical records
• releasing medical records to SSA that are confidential
• steps to follow when providing medical evidence to SSA, and
• responding to follow-up requests from SSA for completion of Form SSA-827.

Change Date

III.iii.3.B.1.a.  Requirements of 38 U.S.C. 5105

• A claimant is not precluded from submitting a duplicate set of records/evidence to one or the other agency.
• VA does not charge for copies of records/evidence it provides to SSA.

III.iii.3.B.1.b.  Where SSA Sends Requests for Medical Evidence in VA’s Possession

III.iii.3.B.1.c.  Contents of an SSA Request for Medical Evidence

• the full name and Social Security number (SSN) of the individual who is the subject of the request
• a description of the evidence SSA is requesting, and
• the address of the SSA office that submitted the request.

III.iii.3.B.1.d.  Statutory Requirement to Maintain the Confidentiality of Certain Medical Records

• identify the patient, and
• contain a diagnosis, prognosis, or discussion of treatment involving
  • drug abuse
  • alcoholism or alcohol abuse
  • infection with the human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS), or
  • sickle cell anemia.

• education
• training
• treatment
• rehabilitation, and
• research.

III.iii.3.B.1.e.  Releasing Medical Records to SSA That Are Confidential

• the individual named on the form (or his/her representative), and
• a witness (or two witnesses if the individual signed the form with an “X”).

III.iii.3.B.1.f.  Steps to Follow When Providing Medical Evidence to SSA

III.iii.3.B.1.g.  Responding to Follow-Up Requests From SSA for Completion of Form SSA-827

• a photocopy of the original Form SSA-827, and
• a cover letter with an annotation that reads Second Request.

Introduction

• misdirected SSA requests for hospital reports
• Veterans who have an insurance folder only
• Veterans with claims folders that are unavailable
• claims folders that contain only a VA Form 10-7131, Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action, and
• actions to take if medical evidence is in the custody of an RO and a VAMC.

Change Date

III.iii.3.B.2.a.  Misdirected SSA Requests for Hospital Reports

• the Veteran SSA identifies on Form SSA-827 has been discharged from a VAMC more than 30 days following a recent period of hospitalization, and
• the corresponding hospital report does not exist in his/her claims folder or eFolder.

III.iii.3.B.2.b.  Veterans Who Have an Insurance Folder Only

III.iii.3.B.2.c.  Veterans With Claims Folders That Are Unavailable

III.iii.3.B.2.d.  Claims Folders That Contain Only a VA Form 10-7131

III.iii.3.B.2.e.  Actions to Take if Medical Evidence Is in the Custody of an RO and a VAMC

• SSA requests both a hospital report and a physical examination report from an RO
• the RO possesses only the physical examination report, and
• the VAMC possesses the hospital report.

Introduction

• why SSA requires information about VA benefits
• SSA/VA data exchange system and SSA’s use of SSA Form L1103, SSI Request for Information
• types of benefits SSA
  • recognizes as VA income, and
  • does not recognize as VA income
• recurring versus non-recurring benefit payments
• determining the date and amount of non-recurring benefit payments
• handling SSA
  • requests for payment information on multiple SSI claimants, and
  • inquiries involving nursing home patients
• calculations that result in a negative amount of VA income for SSA purposes, and
• work credit for responding to SSA.

Change Date

III.iii.3.B.3.a.  Why SSA Requires Information About VA Benefits

III.iii.3.B.3.b.  SSA/VA Data Exchange System and SSA’s Use of SSA Form L1103

• the amount of monetary benefits VA pays to an individual beneficiary for him/herself, and
• the amount of additional monetary benefits VA pays the beneficiary for each of his/her dependents.

III.iii.3.B.3.c.  Types of Benefits SSA Recognizes as VA Income

• Naval pension
• benefits under the Restored Entitlement Program for Survivors (REPS), and
• benefits under 38 U.S.C. 1312(a).

• Naval pension, see 38 CFR 3.803, or
• benefits VA pays under
  • REPS, see M21-1, Part IX, Subpart i, 6.A, or
  • 38 U.S.C. 1312(a), see M21-1, Part IX, Subpart ii, 1.A.

III.iii.3.B.3.d.  Types of Benefits SSA Does Not Recognize as VA Income

III.iii.3.B.3.e.  Recurring Versus Non-Recurring Benefit Payments

• Use the information in M21-1, Part IX, Subpart ii, 1.C.1 to reply to SSA requests for information concerning benefits VA paid under 38 U.S.C. 1312(a).
• When completing Part II of SSA Form L1103, report the amount of benefits VA paid the SSI claimant each month during the time period SSA specified in Part I of the form.  This amount might be different than the amount VA currently pays.
• SSA is specifically interested in
  • payment receipt dates, not effective dates, and
  • the distinction between recurring and non-recurring (retroactive) benefit payments.

III.iii.3.B.3.f.  Determining the Date and Amount of Non-Recurring Benefit Payments

• an amended award that increased benefits retroactively, or
• an award based on an initial or supplemental claim.

III.iii.3.B.3.g.  Handling SSA Requests for Payment Information on Multiple SSI Claimants

• the name of the claimant, and
• the claimant’s SSN.

III.iii.3.B.3.h.  Handling SSA Inquiries Involving Nursing Home Patients

III.iii.3.B.3.i.  Calculations That Result in a Negative Amount of VA Income for SSA Purposes

III.iii.3.B.3.j.  Work Credit for Responding to SSA

Introduction

• determining whether an offset, deduction, or withholding exists
• offsets, deductions, and withholdings that must not be included in calculations of VA income for SSA purposes, and
• offsets, deductions and withholdings that must be included in calculations of VA income for SSA purposes.

Change Date

III.iii.3.B.4.a.  Determining Whether an Offset, Deduction, or Withholding Exists

• an offset existed against the SSI claimant’s VA benefits, or
• VA deducted or withheld benefits from the SSI claimant’s award.

• using Share, see the Share User Guide, and
• determining the effect that an offset, withholding, or deduction has on an SSI claimant’s VA income for SSA purposes, see M21-1, Part III, Subpart iii, 3.B.4.b and c.

III.iii.3.B.4.b.  Offsets, Deductions, and Withholdings That Must Not Be Included in Calculations of VA Income for SSA Purposes

• 38 U.S.C. Chapter 30/10 U.S.C. Chapter 1606 offset
• 38 U.S.C. Chapter 31 receivable
• 38 U.S.C. Chapter 31 revolving fund loan
• trainee tools
• recoupment of disability severance pay
• recoupment of separation pay
• military retired pay adjustment
• drill pay adjustment
• Radiation Exposure Compensation Act (RECA) adjustment
• pending appointment of a fiduciary
• pending confirmation of spouse as fiduciary
• pending confirmation of continued eligibility
• pending apportionment decision
• recoupment of tort settlement
• workers compensation adjustment
• hospitalized basic pension adjustment
• hospitalized Special Monthly Compensation (SMC) adjustment, or
• incarceration adjustment.

III.iii.3.B.4.c.  Offsets, Deductions, and Withholdings That Must Be Included in Calculations of VA Income for SSA Purposes

• compensation or pension receivable (receivable code 30B), and
• attorney fees (receivable code 31B or deduction code 31J).

Introduction

• exclusions from the calculation of VA income for SSA purposes, and
• completing Part II, Section D, of SSA Form L1103.

Change Date

III.iii.3.B.5.a.  Exclusions From the Calculation of VA Income for SSA Purposes

• Do not exclude from the calculation of VA income for SSA purposes the “two-year transitional benefit” VA pays for children under the age of 18 to certain surviving spouses that are entitled to Dependency and Indemnity Compensation (DIC).
• If VA apportioned benefits to the dependent of a Veteran or surviving spouse during the time period SSA specified in Part I of SSA Form L1103, exclude the amount of the apportionment (instead of the amount of additional benefits VA paid for the dependent) when calculating the Veteran’s or surviving spouse’s VA income for SSA purposes.

• M21-1, Part IV, Subpart iii, 1.B.6
• 38 CFR 3.10(f), and
• 38 U.S.C. 1311(f).

III.iii.3.B.5.b.  Completing Part II, Section D, of SSA Form L1103

• a Veteran or surviving spouse is entitled to additional benefits for a dependent, and
• SSA identifies the dependent as an SSI claimant.

• When completing Part II, Section D, of SSA Form L1103, insert apportionee before the name of any dependent that was receiving an apportionment during the time period SSA specified.
• Completion of Part II, Section E, of SSA Form L1103 is necessary if the award of an apportionment during the time period SSA specified in Part I of SSA Form L1103resulted in a retroactive apportionment of benefits to the dependent SSA identified as an SSI claimant.
• Completion of Part II, Section G, of SSA Form L1103 is necessary if VA deducted or withheld benefits from an SSI claimant’s award, during the time period SSA specified, to recoup a compensation or pension receivable, as described in M21-1, Part III, Subpart iii, 3.B.4.c.

Change Date

III.iii.3.B.6.a.  Excluding Additional Benefits VA Pays in the Form of SMC or Because an Individual Is Housebound or Requires A&A

• in the form of SMC, or
• because an individual is housebound or requires the aid and attendance (A&A) of another person.

• M21-1, Part III, Subpart iii, 3.B.8 (Old Law Pension)
• M21-1, Part III, Subpart iii, 3.B.9 (Section 306 Pension)
• M21-1, Part III, Subpart iii, 3.B.10 and 11 (DIC and death compensation)
• M21-1, Part III, Subpart iii, 3.B.12 (disability compensation), or
• M21-1, Part III, Subpart iii, 3.B.13 (current-law pension).

Introduction

• calculating VA income for SSA purposes when VA pays additional benefits for UMEs, and
• completing Part II, Section F, of SSA Form L1103.

Change Date

III.iii.3.B.7.a.  Calculating VA Income for SSA Purposes When VA Pays Additional Benefits for UMEs

• VA pays current-law pension to a Veteran with no dependents in the amount of $200.00 per month.
• The provisions of M21-1, Part III, Subpart iii, 3.B.4 do not affect the calculation of VA income for SSA purposes in this scenario.
• But for UMEs the Veteran reported to VA, her monthly benefit would be limited to $150.00

• M21-1, Part V, Subpart iii, 1.G.2 (current-law pension)
• M21-1, Part V, Subpart iii, 1.D.2 (Parents’ DIC), and
• M21-1, Part V, Subpart iii, 1.C.3 (Section 306 Pension).

III.iii.3.B.7.b.  Completing Part II, Section F, of SSA Form L1103

• divide up the UMEs equally between the beneficiary and his/her dependent(s), or
• attribute specific UMEs to the beneficiary and/or a specific dependent or dependents.

Introduction

• effect of dependents on a beneficiary’s entitlement to Old Law Pension
• calculating VA income for SSA purposes when the benefit is
  • Old Law Disability Pension, and
  • Old Law Survivors Pension to a surviving spouse
• example of a response to a request for VA income for SSA purposes when the benefit is Old Law Survivors Pension to a surviving spouse, and
• calculating VA income for SSA purposes when the benefit is Old Law Survivors Pension to a surviving child or children.

Change Date

III.iii.3.B.8.a.  Effect of Dependents on a Beneficiary’s Entitlement to Old Law Pension

III.iii.3.B.8.b.  Calculating VA Income for SSA Purposes When the Benefit Is Old Law Disability Pension

• subtract from $78.75 any benefits VA
  • offset, deducted, or withheld each month for any of the reasons listed in M21-1, Part III, Subpart iii, 3.B.4.b, during the same time period, and/or
  • apportioned to the Veteran’s dependent(s) each month during the same time period, and
• use the table below to determine the VA income for SSA purposes of the Veteran and/or his/her dependent(s).

III.iii.3.B.8.c.  Calculating VA Income for SSA Purposes When the Benefit Is Old Law Survivors Pension to a Surviving Spouse

• If the SSI claimant SSA identifies in Part I of SSA Form L1103 is an apportionee, follow the instructions in M21-1, Part III, Subpart iii, 3.B.5.b,starting with Step 3.
• The additional amount of Old Law Survivors Pension VA pays to a surviving spouse because he/she is in a nursing home or requires A&A is $50.00.

III.iii.3.B.8.d.  Example: Response to a Request for VA Income for SSA Purposes When the Benefit Is Old Law Survivors Pension to a Surviving Spouse

• A surviving spouse is receiving Old Law Pension.
• From the time the surviving spouse first established entitlement, VA has paid her additional benefits because she
  • requires the A&A of another person, and
  • has one child who is incapable of self-support.
• As of June 30, 1960, the surviving spouse’s IVAP was $1,000.00.
• During the time period SSA specified in Part I of SSA Form L1103, VA was withholding $10.00 each month from the surviving spouse’s award for one of the reasons specified in M21-1, Part III, Subpart iii, 3.B.4.b.
• SSA identified the surviving spouse and her child as SSI claimants in Part I of SSA Form L1103.

• Enter the amount of $45.40 in Part II, Section C, of SSA Form L1103.
• Enter the child’s name and the amount of $7.60 in Part II, Section D, of the form.

III.iii.3.B.8.e.  Calculating VA Income for SSA Purposes When the Benefit Is Old Law Survivors Pension to a Surviving Child or Children

• VA pays Old Law Survivors Pension to or for the child(ren) of a deceased Veteran
• no surviving spouse is entitled to Old Law Survivors Pension based on the Veteran’s service, and
• SSA identifies a child of the deceased Veteran as an SSI claimant in Part I of SSA Form L1103.

Introduction

• basis for Section 306 Pension rates
• calculating VA income for SSA purposes when the benefit is Section 306 Disability Pension
• example of a response to a request for VA income for SSA purposes when the benefit is Section 306 Disability Pension
• calculating VA income for SSA purposes when the benefit is Section 306 Survivors Pension to a surviving spouse
• example of a response to a request for VA income for SSA purposes when the benefit is Section 306 Survivors Pension to a surviving spouse, and
• calculating VA income for SSA purposes when the benefit is Section 306 Survivors Pension to a surviving child or children.

Change Date

III.iii.3.B.9.a.  Basis for Section 306 Pension Rates

• a Veteran for up to three dependents, or
• a surviving spouse for any number of children.

III.iii.3.B.9.b.  Calculating VA Income for SSA Purposes When the Benefit Is Section 306 Disability Pension

III.iii.3.B.9.c.  Example: Response to a Request for VA Income for SSA Purposes When the Benefit Is Section 306 Disability Pension

• A Veteran is receiving Section 306 Disability Pension.
• From the time the Veteran first established entitlement, VA has paid him additional benefits
  • for a spouse and a child who is incapable of self-support, and
  • because he is housebound.
• The Veteran’s IVAP in 1978 was $2,500.00.  This included
  • the Veteran’s annual income of $3,000.00
  • the spouse’s annual income of $500.00, and
  • UMEs that had the effect of reducing the Veteran’s IVAP by $1,000.00.

• During the time period SSA specified in Part I of SSA Form L1103, VA was
  • apportioning $50.00 each month to the Veteran’s spouse, and
  • withholding $20.00 each month from the Veteran’s award for one of the reasons specified in M21-1, Part III, Subpart iii, 3.B.4.c.
• UMEs were not a consideration during the time period SSA specified.
• SSA identified the Veteran and his spouse and child as SSI claimants in Part I of SSA Form L1103.

• Enter in Part II, Section C, of SSA Form L1103 the amount of $15.00.
• Enter in Part II, Section D, of the form
  • the name of the Veteran’s spouse and the amount of $50.00, and
  • the name of the Veteran’s child and the amount of $0.00.
• Complete the fields in Part II, Section G, of the same form.

III.iii.3.B.9.d.  Calculating VA Income for SSA Purposes When the Benefit Is Section 306 Survivors Pension to a Surviving Spouse

III.iii.3.B.9.e.  Example: Response to a Request for VA Income for SSA Purposes When the Benefit Is Section 306 Survivors Pension to a Surviving Spouse

• A surviving spouse is receiving Section 306 Survivors Pension.
• When the surviving spouse first established entitlement, VA paid her additional benefits for three children.  Now she receives additional benefits for one child only.
• The surviving spouse has never submitted UMEs or claimed other deductible expenses for herself or any of the children.
• The surviving spouse’s IVAP in 1978 was $4,000.00 per year.
• During the time period SSA specified in Part I of SSA Form L1103, VA was withholding $20.00 each month from the surviving spouse’s award for one of the reasons specified in M21-1, Part III, Subpart iii, 3.B.4.b.
• SSA identified the surviving spouse and child as SSI claimants in Part I ofSSA Form L1103.

• Enter the amount of $0.00 in Part II, Section C, of SSA Form L1103.
• Enter the child’s name and the amount of $41.00 in Part II, Section D, of the form.

III.iii.3.B.9.f.  Calculating VA Income for SSA Purposes When the Benefit Is Section 306 Survivors Pension to a Surviving Child or Children

• VA pays Section 306 Survivors Pension to the surviving child(ren) of a deceased Veteran
• no surviving spouse is entitled to Section 306 Survivors Pension based on the Veteran’s service, and
• SSA identifies a child of the deceased Veteran as an SSI claimant in Part I of SSA Form L1103.

Introduction

• calculating VA income for SSA purposes for a parent in receipt of DIC or death compensation, and
• an example of a response to a request for VA income for SSA purposes when the benefit is DIC to a parent.

Change Date

III.iii.3.B.10.a.  Calculating VA Income for SSA Purposes for a Parent in Receipt of DIC or Death Compensation

• The additional amount of death compensation VA pays to a parent in need of A&A is $79.00.
• UMEs are not a factor in determining the amount of death compensationVA pays to a parent.
• If a parent in receipt of DIC or death compensation has a spouse who wasnot receiving DIC or death compensation during the time period SSA specified, and SSA requests benefit information about both the parentand his/her spouse,
  • follow the procedure in the table above to calculate the parent’s VA income for SSA purposes, and
  • report the spouse’s VA income for SSA purposes as $0.00.
• If VA pays DIC or death compensation to a parent on an annual or semi-annual basis because the monthly amount of benefits payable is so small, report the parent’s VA income for SSA purposes as $0.00 unless the payment of benefits happens to fall within the time period SSA specified in Part I of SSA Form L1103.

References:  For more information about

• parents’ DIC, see M21-1, Part V, Subpart iii, 1.D, and
• death compensation, see 38 CFR 3.4(c).

III.iii.3.B.10.b.  Example: Response to a Request for VA Income for SSA Purposes When the Benefit Is DIC to a Parent

• The sole surviving parent of a deceased Veteran has established entitlement to parent’s DIC.
• SSA has requested the parent’s VA income for SSA purposes.
• During the time period SSA specified in Part I of SSA Form L1103, VApaid out $731.00 each month to the parent.  Reflected in this amount were
  • a withholding of $100.00 each month to recover an overpayment of DIC (The overpayment is considered a compensation receivable, as described in M21-1, Part III, Subpart iii, 3.B.4.c.)
  • $160.00 in additional benefits because the parent submitted UMEs that had the effect of reducing her IVAP from $4,000.00 to $2,000.00, and
  • $326.00 in additional benefits because the parent requires A&A.
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October of 2013.

• Enter the amount of $345.00 in Part II, Section D, of SSA Form L1103.
• Complete the fields in Part II, Section G, of the form.

Introduction

• responding to a request for VA income for SSA purposes when the benefit is DIC to a surviving spouse with a child or children under age 18
• example of a response to a request for VA income for SSA purposes when the benefit is DIC to a surviving spouse with children under age 18
• responding to a request for VA income for SSA purposes when the benefit is DIC to a surviving spouse and a child or children age 18 or older
• example of a response to a request for VA income for SSA purposes when the benefit is DIC to a surviving spouse and a child age 18 or older
• responding to a request for VA income for SSA purposes when the benefit is DIC to a child or children only
• example of a response to a request for VA income for SSA purposes when the benefit is DIC to a child or children only, and
• responding to a request for VA income for SSA purposes when the benefit is death compensation to a
  • surviving spouse, and
  • child or children only.

Change Date

III.iii.3.B.11.a.  Responding to a Request for VA Income for SSA Purposes When the Benefit Is DIC to a Surviving Spouse With a Child or Children Under Age 18

III.iii.3.B.11.b.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is DIC to a Surviving Spouse With Children Under Age 18

• A surviving spouse with five children (all under the age of 18) has established entitlement to DIC.
• Three of the children, Katy, Tom, and Jim, live with the surviving spouse.
• VA apportions benefits from the surviving spouse’s award to the two remaining children, Jeffrey and Eliza.  Each child receives an apportionment that is equal to the amount of additional benefits the surviving spouse receives for each of them.
• The deceased Veteran on whom the DIC award is based died afterJanuary 1, 1993.
• SSA identified the surviving spouse and all of her children as SSI claimants in Part I of SSA Form L1103.
• The provisions of M21-1, Part III, Subpart iii, 3.B.4 do not affect the calculation of VA income for SSA purposes in this scenario.
• During the time period SSA specified in Part I of SSA Form L1103, VApaid out $2,639.00 each month to the surviving spouse for herself and the three children that live with her.  This amount included additional benefits under 38 U.S.C 1311(a)(2) and 38 U.S.C 1311(f).
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October 2013.

• Enter in Part II, Section C, of SSA Form L1103 the amount of $1736.00($1215.00 (basic monthly rate) + $258.00 (38 U.S.C 1311(a)(2)) + $263.00 (38 U.S.C 1311(f))).
• Enter in Part II, Section D, of SSA Form L1103
  • Katy and the amount of $301.00
  • Tom and the amount of $301.00
  • Jim and the amount of $301.00
  • apportionee Jeffrey and the amount of $301.00, and
  • apportionee Eliza and the amount of $301.00.

• the surviving spouse’s VA income for SSA purposes would be $50.00 less($1686.00), and
• Eliza’s VA income for SSA purposes would be $50.00 more ($351.00).

III.iii.3.B.11.c.  Responding to a Request for VA Income for SSA Purposes When the Benefit Is DIC to a Surviving Spouse and a Child or Children Age 18 or Older

III.iii.3.B.11.d.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is DIC to a Surviving Spouse and a Child Age 18 or Older

• VA is paying DIC to a surviving spouse for herself only.
• The surviving spouse is not entitled to additional benefits
  • under 38 U.S.C 1311(a)(2), or
  • because she is housebound or requires the A&A of another person.
• The Veteran on whom the DIC award is based died prior to January 1, 1993.  His grade as an officer was O-5.
• During the time period SSA specified in Part I of SSA Form L1103, VApaid out $1,554.00 each month to the surviving spouse.  Reflected in this amount is a withholding of $100.00 for recoupment of an overpayment of DIC.  (The overpayment is considered a compensation receivable, as described in M21-1, Part III, Subpart iii, 3.B.4.c.)
• VA is paying a separate award of DIC to the deceased Veteran’s child, who is over the age of 18 and whom VA has determined is incapable of self-support.
• SSA identified both the surviving spouse and the child as SSI claimants in Part I of SSA Form L1103.
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October 2013.

• Enter the amount of $1654.00 in Part II, Section C, of SSA Form L1103.
• Enter the child’s name and the amount of $513.00 in Part II, Section D, of the form.
• Complete the fields in Part II, Section G, of the same form.

III.iii.3.B.11.e.  Responding to a Request for VA Income for SSA Purposes When the Benefit Is DIC to a Child or Children Only

• VA pays DIC to or for the child(ren) of a deceased Veteran
• VA does not concurrently pay DIC to a surviving spouse of the deceased Veteran, and
• SSA identifies a child of the deceased Veteran as an SSI claimant in Part I of SSA Form L1103.

• under age 18, or
• over age 18 but recognized by VA as
  • incapable of self-support, or
  • a school child.

III.iii.3.B.11.f.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is DIC to a Child or Children Only

• VA is paying DIC to three of a deceased Veteran’s children.
  • Two of the three children, Ben and Jerry, are under age 18 and receive benefits under a single award.
  • The remaining child, Fred, is over age 18 and incapable of self-support; he receives benefits under a separate award.
• The provisions of M21-1, Part III, Subpart iii, 3.B.4 do not affect the calculation of VA income for SSA purposes in this scenario.
• SSA identified all three of the deceased Veteran’s children as SSI claimants in Part I of SSA Form L1103.
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October of 2013.

• Ben and the amount of $321.00
• Jerry and the amount of $321.00, and
• Fred and the amount of $622.00 ($321.00 + $301.00).

III.iii.3.B.11.g.  Responding to a Request for VA Income for SSA Purposes When the Benefit Is Death Compensation to a Surviving Spouse

III.iii.3.B.11.h.  Responding to a Request for VA Income for SSA Purposes When the Benefit Is Death Compensation to a Child or Children Only

• VA pays death compensation to or for the child(ren) of a deceased Veteran
• no surviving spouse is entitled to death compensation based on the Veteran’s service, and
• SSA identifies a child of the deceased Veteran as an SSI claimant in Part I of SSA Form L1103.

Introduction

• determining the amount of additional disability compensation to which a Veteran is entitled for a
  • spouse, parent, or school child, and
  • child under age 18
• calculating VA income for SSA purposes when the benefit is disability compensation, and
• example of a response to a request for VA income for SSA purposes when the benefit is disability compensation.

Change Date

III.iii.3.B.12.a.  Determining the Amount of Additional Disability Compensation to Which a Veteran Is Entitled for a Spouse, Parent, or School Child

• spouse
• parent, or
• school child.

III.iii.3.B.12.b.  Determining the Amount of Additional Disability Compensation to Which a Veteran Is Entitled for a Child Under Age 18

III.iii.3.B.12.c.  Calculating VA Income for SSA Purposes When the Benefit Is Disability Compensation

III.iii.3.B.12.d.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is Disability Compensation

• VA rated a Veteran 90-percent disabled for SC disabilities.
• The Veteran is entitled to SMC under 38 U.S.C. 1114(k).
• The Veteran is also entitled to additional disability compensation for
  • a spouse
  • a parent
  • two children under the age of 18 (Dallin is eight years old; Paul is twelve), and
  • three schoolchildren, Jacob, Mason, and Jonah.
• VA apportions $75.00 of the Veteran’s disability compensation to the parent.
• VA apportions $175.00 to Jonah.
• The provisions of M21-1, Part III, Subpart iii, 3.B.4 do not affect the calculation of VA income for SSA purposes in this scenario.
• SSA identified all of the Veteran’s dependents as SSI claimants in Part I ofSSA Form L1103.
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October of 2013.

• Enter in Part II, Section C, of SSA Form L1103 the amount of $1778.00.
• Enter in Part II, Section D, of the form
  • the name of the Veteran’s spouse and the amount of $141.00
  • apportionee, the name of the Veteran’s parent, and the amount of $75.00
  • Dallin and the amount of $103.00
  • Paul and the amount of $70.00
  • apportionee Jonah and the amount of $175.00
  • Jacob and the amount of $226.00, and
  • Mason and the amount of $226.00.

Introduction

• calculating VA income for SSA purposes when the benefit is pension to a Veteran with
  • no dependents, and
  • at least one dependent
• example of a response to a request for VA income for SSA purposes when the benefit is pension to a Veteran with multiple dependents
• calculating VA income for SSA purposes when the benefit is pension to a surviving spouse with
  • no children, and
  • at least one child
• example of a response to a request for VA income for SSA purposes when the benefit is pension to a surviving spouse with multiple children
• calculating VA income for SSA purposes when the benefit is pension to a surviving child or children only
• example of a response to a request for VA income for SSA purposes when the benefit is pension to surviving children only
• calculating VA income for SSA purposes when the benefit is pension to two Veterans that are married to one another and have
  • no children, and
  • at least one child, and
• example of a response to a request for VA income for SSA purposes when the benefit is pension to two Veterans that are married to one another and have children.

Change Date

III.iii.3.B.13.a.  Calculating VA Income for SSA Purposes When the Benefit Is Pension to a Veteran With No Dependents

III.iii.3.B.13.b.  Calculating VA Income for SSA Purposes When the Benefit Is Pension to a Veteran With at Least One Dependent

III.iii.3.B.13.c.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is Pension to a Veteran With Multiple Dependents

• VA is paying pension to a Veteran for herself, her spouse, and their three children, Patty, Carson, and Kaylee.  Patty is the youngest child.
• VA has determined the Veteran requires the A&A of another person.
• VA apportions $125.00 to the Veteran’s spouse.
• Because the Veteran has no income, she has not reported any UMEs to VA.
• During the entire time period SSA specified in Part I of SSA Form L1103, VA was withholding $50.00 from the Veteran’s monthly award for recoupment of an overpayment of pension.  (The overpayment is considered a pension receivable, as described in M21-1, Part III, Subpart iii, 3.B.4.c.)
• After the withholding and the apportionment were taken into account, VApaid out $2,411.00 to the Veteran each month during the time period SSA specified in Part I of SSA Form L1103.
• SSA identified the Veteran and all of her dependents as SSI claimants in Part I of SSA Form L1103.
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October of 2013.

• Enter in Part II, Section C, of SSA Form L1103 the amount of $1076.20.
• Enter in Part II, Section D, of the form
  • apportionee, the name of the Veteran’s spouse, and the amount of $125.00
    • Patty and the amount of $328.29
    • Carson and the amount of $181.25, and
    • Kaylee and the amount of $181.25.
• Complete the fields in Part II, Section G, of the same form.

III.iii.3.B.13.d.  Calculating VA Income for SSA Purposes When the Benefit Is Pension to a Surviving Spouse With No Children

III.iii.3.B.13.e.  Calculating VA Income for SSA Purposes When the Benefit Is Pension to a Surviving Spouse With at Least One Child

III.iii.3.B.13.f.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is Pension to a Surviving Spouse With Multiple Children

• VA is paying current-law pension to a surviving spouse for himself and three children, Jody, Brian, and Benji.  (Jody is the youngest child.)
• The surviving spouse submitted UMEs to VA that had the effect of reducing his IVAP by $2,500.00 during the time period SSA specified in Part I of SSA Form L1103.  (This amount represents the difference in the surviving spouse’s IVAP before and after VA considered his UMEs.)
• VA paid out $1,200.00 in pension each month to the surviving spouse during the time period SSA specified.
• VA is not offsetting, deducting, or withholding any of the surviving spouse’s benefits.
• SSA listed all of the surviving spouse’s children as SSI claimants in Part I of SSA Form L1103.
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October of 2013.

• Enter in Part II, Section C, of SSA Form L1103 the amount of $659.88.
• Enter in Part II, Section D, of SSA Form L1103
  • Jody and the amount of $203.88
  • Brian and the amount of $168.12, and
  • Benji and the amount of $168.12.

III.iii.3.B.13.g.  Calculating VA Income for SSA Purposes When the Benefit Is Pension to a Surviving Child or Children Only

• SSA identifies a surviving child as an SSI claimant in Part I of SSA Form L1103
• the surviving child received current-law pension during the time period SSA specified in Part I of SSA Form L1103, and
• the deceased Veteran on whose service the child’s entitlement is based has no surviving spouse that is entitled to current-law pension.

III.iii.3.B.13.h.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is Pension to Surviving Children Only

• VA is paying pension to a deceased Veteran’s children.
• The children’s custodian submitted UMEs to VA that had the effect of reducing each child’s IVAP by $300.00 during the time period SSA specified in Part I of SSA Form L1103.  (This amount represents the difference in the children’s IVAP before and after VA considered their UMEs.)
• The monthly amount of benefits VA paid out for each child during the time period SSA specified was $165.00.
• VA is not offsetting, deducting, or withholding any of the children’s benefits.
• SSA listed all of the children as SSI claimants in Part I of SSA Form L1103.
• The time period SSA specified in Part I of SSA Form L1103 falls between January and October of 2013.

III.iii.3.B.13.i.  Calculating VA Income for SSA Purposes When the Benefit Is Pension to Two Veterans That Are Married to One Another and Have No Children

III.iii.3.B.13.j.  Calculating VA Income for SSA Purposes When the Benefit Is Pension to Two Veterans That Are Married to One Another and Have at Least One Child

III.iii.3.B.13.k.  Example:  Response to a Request for VA Income for SSA Purposes When the Benefit Is Pension to Two Veterans That Are Married to One Another and Have Children

• VA is paying pension to a Veteran (Katy) for herself, her spouse (Charles), and their two children (Josh and Ross).
• Charles is also a Veteran who is entitled to pension.
• VA has determined
  • Katy requires the A&A of another person, and
  • Charles is housebound.
• VA received a report of UMEs that had the effect of reducing the Veterans’ IVAP by $2500.00 during the time period SSA specified in Part I of SSA Form L1103.  (This amount represents the difference in the Veterans’ IVAP before and after VA considered their UMEs.)
• VA is not offsetting, deducting, or withholding any benefits.
• VA pays separate awards to each Veteran.  The combined amount of pension that both Veterans received each month during the time period SSA specified was $2,431.00.
• SSA listed Katy, Charles, and their children as SSI claimants in Part I ofSSA Form L1103.
• The time period SSA specified falls between January and October of 2013.

• Enter in Part II, Section C, of SSA Form L1103
  • Katy and the amount of $485.89 on one line, and
  • Charles and the amount of $485.89 on a separate line.
• Enter in Part II, Section D, of SSA Form L1103
• Josh and the amount of $163.36, and
• Ross and the amount of $163.36.

Introduction

• amount of service pension payable to entitled surviving spouses
• calculating VA income for SSA purposes when the benefit is service pension to a surviving spouse
• amount of service pension payable to surviving children when no surviving spouse is entitled, and
• calculating VA income for SSA purposes when the benefit is service pension to a surviving child or children only.

Change Date

III.iii.3.B.14.a.  Amount of Service Pension Payable to Entitled Surviving Spouses

• $75.00 per month, if the surviving spouse and Veteran were married to one other while the Veteran was serving in the war, or
• $70.00 per month, if the surviving spouse and Veteran were not married to one another while the Veteran was serving in the war.

• $79.00 per month if he/she requires the A&A of another person, and/or
• $8.13 for each of the deceased Veteran’s children.

III.iii.3.B.14.b.  Calculating VA Income for SSA Purposes When the Benefit Is Service Pension to a Surviving Spouse

III.iii.3.B.14.c.  Amount of Service Pension Payable to Surviving Children When No Surviving Spouse Is Entitled

III.iii.3.B.14.d.  Calculating VA Income for SSA Purposes When the Benefit Is Service Pension to a Surviving Child or Children Only

• VA pays service pension to or for the child(ren) of a deceased Veteran
• no surviving spouse is entitled to service pension based on the Veteran’s service, and
• SSA identifies a child of the deceased Veteran as an SSI claimant in Part I of SSA Form L1103.