In This Section |
This section contains the following topics:
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1. Overview of the SSA Benefits Program
Introduction |
This topic provides an overview of the SSA benefits program, including
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Change Date |
April 12, 2018 |
IX.iii.1.B.1.j. FMAX |
The total Social Security benefit payable does not always increase as additional dependents are added. The monthly benefit is limited by the family maximum amount (FMAX).
The FMAX is the maximum benefit available for distribution within a family unit. It is based on a formula that is related to the worker’s average monthly earnings.
If the FMAX applies, the removal of a dependent may not change the total Social Security benefit payable but may result in a reallocation of benefits.
Reference: For more information on counting the income of dependents, see M21-1, Part IX, Subpart iii, 1.F.2. |
IX.iii.1.B.1.k. SSI Program |
SSA and the States jointly administer the Supplemental Security Income (SSI) program. Eligibility criteria are different from those that apply to Title II Social Security. SSI assures a minimum monthly income to needy people with limited income and resources who are
Under 38 CFR 3.3(a)(3)(vi), a Veteran meets the age or disability criterion for pension eligibility if the Veteran has attained age 65 or has been determined disabled by Social Security. Therefore, if the Veteran is shown to be in receipt of SSI benefits, presume the Veteran meets the age or disability criterion for pension eligibility.
Note: Under 38 CFR 3.272(a), SSI is countable income for the Old-Law Pension program. It is not countable income for Section 306 Pension or Parents’ Dependency and Indemnity Compensation (DIC). For current-law pension purposes, SSI income is considered to be income from welfare and is not countable.
Reference: For more information on exchanging information with SSA, see M21-1, Part XIII, Subpart ii, 1. |
2. Medicare
Introduction |
This topic contains information on Medicare, including
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Change Date |
November 22, 2024 |
IX.iii.1.B.2.f. Private Reimbursements for Medicare Premiums |
Some private establishments reimburse their retired employees for premiums paid under Medicare.
For current-law pension, count reimbursements as income and consider them as deductible medical expenses.
For Old-Law or Section 306 Pension cases, do not count these reimbursements as income, but consider them as deductible medical expenses per 38 CFR 3.261(a)(22). |
IX.iii.1.B.2.j. Prescription Medication Coverage Under the MMA of 2003 |
Medicare beneficiaries at or below 135 percent of the Federal poverty level are eligible for subsidized discounts on prescription medications under the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003.
Assistance or savings received under the MMA is not countable income. However, it may be necessary to recalculate income for VA purposes (IVAP) if the beneficiary is subsequently reimbursed for the cost of prescription drugs that VA previously allowed as a deductible medical expense.
Note: It is not necessary to recalculate IVAP if doing so would not change the beneficiary’s payment rate.
Reference: For information on the federal poverty level, see the United States Census Bureau Poverty Thresholds. |
3. Computing Monthly SSA and Medicare Benefits
Introduction |
This topic contains information on computing monthly SSA and Medicare benefits, including
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Change Date |
January 14, 2025 |
IX.iii.1.B.3.a. Social Security Entitlement |
Claims processors are required to check the VBMS interface with Social Security before awarding and adjusting income-based benefits. Therefore, it is generally unnecessary for claims processors to manually compute Social Security entitlement amounts.
SSA computes a beneficiary’s monthly benefit or gross monthly entitlement based on a number of factors.
The gross Social Security entitlement may be in dollars and cents, but Social Security monthly payments are always rounded down to even dollar amounts.
References: For more information on
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IX.iii.1.B.3.c. Determining the Countable Monthly Social Security When a Portion of the Social Security Is Withheld to Recoup an Overpayment |
Follow the steps in the table below to determine countable monthly Social Security for VA purposes when a portion of the Social Security is withheld to recoup an overpayment.
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IX.iii.1.B.3.d. Handling Withheld and Garnished Social Security Benefits |
When Social Security is withheld to recoup an overpayment, the overpayment was probably counted as IVAP at the time it was received by the beneficiary.
If there is garnishment of Social Security or involuntary withholding due to legal action initiated by a third party, it is as if the beneficiary had received the benefits and used the funds to pay a creditor.
Use the table below to determine the difference in countable income based on either withheld or garnished Social Security benefits.
Note: Do not count the amount withheld to recoup a Social Security overpayment, even if the beneficiary was not in receipt of VA pension at the time the Social Security overpayment was created.
If notice is received that a claimant’s Social Security has been reduced to recoup an overpayment, initiate development to determine the exact rate while withholding is in effect and the date full benefits will be restored. |
IX.iii.1.B.3.e. Example: Handling Withheld Social Security Benefits |
Situation: A Veteran receives a Social Security payment in the amount of $520.00 per month. The payment would be larger except that
Result: The countable Social Security is $608.50 per month ($520.00 + $88.50). |
IX.iii.1.B.3.f. Example: Handling Garnished Social Security Benefits |
Situation: A Veteran is entitled to Social Security of $1,010.50 per month. The Veteran has a $106.20 Part B Medicare deduction and $200 per month is being withheld for child support pursuant to a court order. The Veteran actually receives a monthly payment in the amount of $704.
Result: The countable monthly Social Security for VA purposes is $1,010.20 ($904.00 + $106.20). |
IX.iii.1.B.3.g. SSA COLA Calculations |
The table below describes SSA Cost of living Adjustment (COLA) calculations.
Note: In addition to this table, claims processors may also use the SSA Retro Calculator to determine earlier rates. The calculator is located on the Pension and Fiduciary Service Intranet page.
Examples:
Situation 1:
Calculation:
Result: The December 1, 2021, monthly SSA rate was $775.10.
Situation 2:
Calculation: To calculate the December 1, 2020 SSA rate, use the December 1, 2021, COLA rate, 5.9 percent and then the following calculations occur:
Result: The December 1, 2020, monthly SSA rate was $501.50. |
4. Sources for Accessing Social Security Information
Introduction |
This topic contains information on sources for accessing Social Security information, including
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Change Date |
June 15, 2015 |
IX.iii.1.B.4.a. Sources of Information About Social Security Benefits |
The most readily accessible and accurate sources of information concerning a beneficiary’s Social Security benefits are the
If a beneficiary alleges that information obtained from these sources is inaccurate, advise the beneficiary to furnish a statement from the nearest district office of SSA with the specific information required to resolve the issue.
Reference: For more information on the action to take when the Social Security rate reported by the beneficiary is different than the rate in VBMS, see M21-1, Part IX, Subpart iii, 1.A.2.d. |
IX.iii.1.B.4.b. Interpreting Social Security Award Letters |
Social Security award letters may indicate the date that the first payment will be sent to the beneficiary or may show a date of entitlement, for example, July 2014. If only a date of entitlement is shown, assume that the beneficiary will receive a full month’s payment for the entitlement month, for example, July 2014, and each month thereafter.
However, if an offset or deduction is required for some reason, such as, payee employed, or overpayment to be recouped, then benefits may not be payable from the date of entitlement. If this is the case, the text of the letter should state the reason why benefits are not payable from the date of entitlement.
The Social Security award letter shows the amount and date of any retroactive payment issued to the beneficiary. An R in the PAYMENT INDICATOR field of the VBMS screen indicates that an SSA action possibly affected payment.
Note: With the exception of Social Security cost-of-living increases, VA counts income from the first day of the month following the date the beneficiary receives it. Unless Social Security retroactive payments are involved, a Social Security payee who first becomes entitled to Social Security as of July 2014 would generally receive the first Social Security payment in August 2014. VA would count this as income as of September 1, 2014. |
5. Terminated Disability Social Security Benefits and Withdrawn Social Security Applications
Introduction |
This topic contains information on terminated disability Social Security benefits and withdrawn Social Security applications, including
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Change Date |
May 20, 2011 |
IX.iii.1.B.5.a. Adjustments Based on Terminated Disability Social Security |
For information about adjustments based on terminated disability Social Security benefits, see M21-1, Part IX, Subpart iii, 1.H.3. |
IX.iii.1.B.5.b. Exception to Benefit Waiver Rule: Withdrawal of Application for Social Security |
Under 38 CFR 3.271(i), a person may not waive entitlement to potential benefits from non-VA sources to receive or increase VA current-law pension. Potential income from such waived sources counts as income for current-law pension.
However, if a claimant or beneficiary withdraws a Social Security application after a finding of entitlement so as to maintain eligibility for an unreduced Social Security benefit on attainment of age 65, do not regard the withdrawal as a waiver per 38 CFR 3.271(i).
Note: Do not count as income the Social Security benefit that would have been received except for the withdrawal of the application. |