Beneficiary the primary beneficiary, and/or and/or the claimant for an apportionment of the primary benefits. beneficiary’s Claimant However, when the Privacy Act forbids a total disclosure of correspondence or other submissions from either party to the other, separately furnish the information that is vital to the decision to be made. that is vital to the includes the Example: “Information decision” usually income and expenses of each party. 2. Developing an Apportionment Claim Introduction This topic contains information on developing for evidence in order to make a decision as to whether an apportionment is appropriate, including determining whether a bar to apportionment exists actions to take when no bar to apportionment exists estimating the amount of benefits VA should withhold for an apportionment required evidence from the primary beneficiary and claimant time limits for responding to a VA request for evidence/information from the primary beneficiary and claimant establishing the estimated withholding, and handling a request for a hearing. Change Date July 5, 2015 Upon receipt of a claim for apportionment, a. Determining Whether a Bar to establish EP 130 under the name, and claimant’s Apportionment determine whether there is a bar to the apportionment. Exists Bars to apportionments are discussed in Reference: M21-1, Part III, Subpart v, 3.A.1.f, and M21-1, Part III, Subpart v, 3.A.4.a. If there is bar to apportionment, b. Actions to no Take When No Bar to establish EP 600 under the primary name, with a suspense beneficiary’s Apportionment date that expires 65 days in the future Exists follow the instructions in M21-1, Part III, Subpart v, 3.A.2.c, and send development letters that request the evidence/information described in
Beneficiary and/or Claimant the primary beneficiary, and/or the claimant for an apportionment of the primary beneficiary’s benefits. However, when the Privacy Act forbids a total disclosure of correspondence or other submissions from either party to the other, separately furnish the information that is vital to the decision to be made. Example: “Information that is vital to the decision” usually includes the income and expenses of each party. 2. Developing an Apportionment Claim Introduction This topic contains information on developing for evidence in order to make a decision as to whether an apportionment is appropriate, including determining whether a bar to apportionment exists actions to take when no bar to apportionment exists estimating the amount of benefits VA should withhold for an apportionment required evidence from the primary beneficiary and claimant time limits for responding to a VA request for evidence/information from the primary beneficiary and claimant establishing the estimated withholding, and handling a request for a hearing. Change Date July 5, 2015 a. Determining Whether a Bar to Apportionment Exists Upon receipt of a claim for apportionment, establish EP 130 under the claimant’s name, and determine whether there is a bar to the apportionment. Reference: Bars to apportionments are discussed in M21-1, Part III, Subpart v, 3.A.1.f, and M21-1, Part III, Subpart v, 3.A.4.a. b. Actions to Take When No Bar to Apportionment Exists If there is no bar to apportionment, establish EP 600 under the primary beneficiary’s name, with a suspense date that expires 65 days in the future follow the instructions in M21-1, Part III, Subpart v, 3.A.2.c, and send development letters that request the evidence/information described in
12-3-15_Key%20Changes_M21-1III_v_3_SecA.docx