On the recordMay 13, 2010
as Chairman of the Senate Committee on Veterans' Affairs, I introduce legislation today that would give the Department of Veterans Affairs the same authority as the Social Security Administration with respect to claimants who are unable to complete applications for benefits without requiring assistance. Occasionally, claimants for VA benefits are so disabled as to be incapable of understanding the information on the application form. VA lacks authority to authorize a court appointee or caregiver to sign an application form allowing the adjudication of the claim to proceed. Without a signed application, the claim cannot proceed. The Social Security Administration has specific authority under the Social Security Act that permit an certain individuals, such as court appointed representatives, to sign a claim form on behalf of individuals unable to sign a claim form. My bill would extend the same authority to the Department of Veterans Affairs, and would allow court appointed representatives and caregivers of applicants for VA benefits and services, including institutional representatives, to sign application forms. This bill does not alter the responsibility of VA to evaluate and appoint a fiduciary in cases where the beneficiary is determined to be incompetent to manage his or her benefits. I urge our colleagues to support this bill so that unnecessary delays in the adjudication of these claims will be avoided.
