VB 00201.015 Proper Applicant
1. Applicant Is the Claimant
The proper applicant policy in GN 00204.003B.1. applies to all SVB applications.
2. Applicant Is Not the Claimant
The policy in GN 00204.003B.3.- GN 00204.003B.4. applies to all SVB applications.
In addition, a third party may sign an application solely for the purpose of protecting the claimant's filing date if a protective filing does not already exist or the claimant is unable to sign his/her own application before the 60-day protective filing period ends and a loss of qualification/entitlement would result. (See VB 00201.025 for determining the protective filing period.)
B. Procedure - Applicant is not the Claimant
1. Claimant Adjudged Legally Incompetent
Follow the procedures in GN 00204.003C.1. if the claimant is adjudged legally incompetent.
2. Applicant Alleges Claimant Cannot Understand
Follow the procedures in GN 00204.003C.3. if the applicant alleges that the claimant cannot understand what filing means.
3. Claimant Physically Cannot Sign
If the claimant is physically unable to sign the application:
Take an application signed by the third party to protect the claimant from a loss of benefits if the claimant physically cannot sign and the third party wishes to file.
Record on a Report of Contact (RC) the circumstances of the case that make it impossible for the claimant to sign his/her own application and retain in the file.
Establish the third party as the proper applicant if the circumstances show good reason for the claimant not signing his/her own application.
4. Claimant Physically Can Sign
a. Claimant Wishes To File
If the claimant wishes to file an application, take the following actions:
Get the claimant's signature on the SSA-2000-F6 if the claimant is physically able to sign, but could not do so on the day the third party signed on his/her behalf.
Use the filing date of the first application (i.e., the application signed by the applicant, not the claimant) as the protective filing date when the claimant later signs his/her own application.
b. Claimant Does Not Wish To File
If the claimant does not wish to file an application, take the following actions:
Abate the claim as improper. (See GN 01010.475 for the policy on abatements.)
Send the improper applicant a notice. (See NL 00601.050 and NL 00725.010 for the appropriate notice to send. Use paragraph MIS001 (NL 00725.005). Change "Social Security" in the first line of this paragraph to "Special Veterans Benefits". End the notice with either paragraph REF001 (if domestic address) or paragraph REF002 (if foreign address) under the caption "If You Have Any Questions."
Close out the third party oral or written inquiry. (See VB 00201.035 for the closeout procedures.)
Protective Filing - Written Statement, VB 00201.025