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SSA

RIN: 0960-AG73

Publication ID: Fall 2008

Title: Amendments to Application Filing Date Requirements for Certain Military Members of the Uniformed Service (3474P)
Abstract: These proposed rules will allow casualty reports prepared by the United States armed forces to serve as statements of intent to claim benefits and preserve filing dates for all benefits. The changes to sections 404.630 and 416.340 shall apply to all servicemembers entitled to receive benefits. These changes would simplify the benefits determination process and ensure that veterans receive those benefits to which they are entitled. Additionally, these rules provide a technical correction replacing the Soldiers' and Sailors' Civil Relief Act of 1940 with the Servicemembers' Civil Relief Act where applicable. This proposed change would update our regulations to reflect legislative changes.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
CFR Citation: 20 CFR 404.340 20 CFR 404.370 20 CFR 404.621 20 CFR 404.630 20 CFR 404.802
Legal Authority: 42 USC 402(i) 42 USC 402(j) 42 USC 402(o) 42 USC 402(p) 42 USC 402(r) 42 USC 405(a) 42 USC 416(i)(2) 42 USC 423(b) 42 USC 428(a) 42 USC 902(a)(5) 42 USCC 1382 42 USC 1383(a) 42 USC 1383(d) 42 USC 1383(e)

Legal Deadline: None

Statement of Need: Military servicemembers serving in today's armed forces face unique obstacles due to the nature of their casualties. Unlike physical wounds, cognitive and neurological disorders such as Traumatic Brain Injury and Post Traumatic Stress Disorder dramatically affect the emotional, psychological, and physical well being of servicemembers and can have delayed onset. These effects often result in delayed benefit applications and loss of benefits. It is important to consider the full spectrum of issues related to disabilities and accommodate their effects. This regulation would ensure that servicemembers, veterans, and their families or survivors receive the full and timely benefits to which they are entitled or eligible. Additionally, these rules would update references to the Soldiers' and Sailors' Civil Relief Act of 1940 with its predecessor, the Servicemembers' Civil Relief Act.

Summary of the Legal Basis: Administrative - not required by statute or court order.

Alternatives: None.

Anticipated Costs and Benefits: To be determined.

Risks: None.

Timetable:

Action	Date	FR Cite
NPRM	12/00/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Terry Dodson Director Social Security Administration Office of Disability Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-0143 Dean Dwight Social Insurance Specialist Social Security Administration Office of Income Security Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-7161 Brian Rudick Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations and Reports Clearance, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-1483 Email: brian.rudick@ssa.gov