C10/2007 Unsigned Disability Pension Claims

Replace — d by DI No.

C — 31/2007

Purpose

The purpose of this Instruction is to clarify what action should be taken if a veteran sends in an unsigned Disability Pension claim form, and how that claim should be treated.

Introduction

The form Claim for Disability Pension and/or Application for Increase in Disability Pension (form D2582) requires the claimant or the claimant's nominated legal representative to sign the form.  The signature indicates that the information on the form is true and complete, and authorises DVA to obtain medical information about the claimant needed to process determine the claim.

It is understandable that sometimes veterans or widows may forget to provide a signature or may not see the last page of the form where the signature is requested.  However, if DVA receives a form without a signature, it is not authorised to collect the information required to process the claim.

Therefore, in order for claims in this category to be progressed, DVA officers must take action to obtain a signature from the claimant.

Procedure

If a DVA officer receives a Claim for Disability Pension and/or Application for Increase in Disability Pension (D2582), which does not include a signature from the claimant or the claimant's nominated representative, the officer must complete the following steps:

4. Register the claim and place a photocopy on file.
5. Send the original claim form back to the claimant, with a covering letter requesting that the form be signed and returned to DVA as soon as possible.
6. Begin any investigations that the officer is able to undertake using the existing material on the veteran's file and the information provided in the claim form.

NOTE:  Do not seek any information from external agencies or medical professionals until a signed claim form is received.

Date of Lodgement

The date of lodgement for claim forms received without a signature is the date the form is originally received by DVA, and not the date the signed form is received.

Informal Claims

A form received without a signature is not an informal claim.  An informal claim is a claim received in the form of a written document other than an approved form and is treated differently.  See Departmental Instruction C39/97 for information on informal claims.

Contact

Any enquiries about this Instruction or clarification on this issue should be directed to VEA Compensation Policy Section at the ACT location.