38 U.S.C. § 5105

Joint applications for social security and dependency and indemnity compensation

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(a) The Secretary and the Commissioner of Social Security may jointly prescribe forms for use by survivors of members and former members of the uniformed services in filing application for benefits under chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.). Such forms shall request information sufficient to constitute an application for benefits under both chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.).(b) When an application on any document indicating an intent to apply for survivor benefits is filed with either the Secretary or the Commissioner of Social Security, it shall be deemed to be an application for benefits under both chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.). A copy of each such application filed with either the Secretary or the Commissioner, together with any additional information and supporting documents (or certifications thereof) which may have been received by the Secretary or the Commissioner with such application, and which may be needed by the other official in connection therewith, shall be transmitted by the Secretary or the Commissioner receiving the application to the other official. The preceding sentence shall not prevent the Secretary and the Commissioner of Social Security from requesting the applicant, or any other individual, to furnish such additional information as may be necessary for purposes of chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.), respectively.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3005; Pub. L. 97–295, § 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98–160, title VII, § 702(16), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5105, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(9), Aug. 6, 1991, 105 Stat. 405; Pub. L. 103–296, title I, § 108(k), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 112–154, title V, § 503, Aug. 6, 2012, 126 Stat. 1191.)Editorial NotesReferences in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior Provisions

Prior section 5105 was renumbered section 8305 of this title.

Amendments

2012—Subsec. (a). Pub. L. 112–154, § 503(1), substituted “may jointly” for “shall jointly” and “Such forms” for “Each such form”.

Subsec. (b). Pub. L. 112–154, § 503(2), substituted “on any document indicating an intent to apply for survivor benefits” for “on such a form”.

1994—Subsec. (a). Pub. L. 103–296, § 108(k)(1), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.

Subsec. (b). Pub. L. 103–296, § 108(k), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places and amended second sentence generally. Prior to amendment, second sentence read as follows: “A copy of each such application filed with either Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by that Secretary with such application, and which may be needed by the other Secretary in connection therewith, shall be transmitted by the Secretary receiving the application to the other Secretary.”

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3005 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(9)(A)–(C), substituted “(a) The Secretary” for “The Administrator” at the beginning of text and substituted “401 et seq.).” for “401 et seq.); and” in second sentence.

Subsec. (b). Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “(b) When an application on such a form is filed with either the Secretary” for “when an application on such form has been filed with either the Administrator”, “filed with either Secretary” for “filed with the Administrator”, “received by that Secretary” for “received by the Administrator”, “needed by the other Secretary” for “needed by the Secretary”, and “by the Secretary receiving the application to the other Secretary.” for “by the Administrator to the Secretary;”, struck out “and a copy of each such application filed with the Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by the Secretary with such form, and which may be needed by the Administrator in connection therewith, shall be transmitted by the Secretary to the Administrator.” before “The preceding sentence”, and substituted “the Secretary and the Secretary of Health and Human Services” for “the Secretary and the Administrator”.

1983—Pub. L. 98–160 substituted “title II of the Social Security Act (42 U.S.C. 401 et seq.)” for “subchapter II of chapter 7 of title 42” wherever appearing.

1982—Pub. L. 97–295 substituted “Health and Human Services” for “Health, Education, and Welfare” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.

Notes of Decisions

Cited in 8 cases, 1992–2018 · leading case: Kay v. Principi, 16 Vet. App. 529 (Vet. App. 2002).

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Kay v. Principi, 16 Vet. App. 529 (Vet. App. 2002). · cites it 6× “Both parties also agreed that additional development related to the SSA documentation was necessary, since, pursuant to 38 U.S.C. § 5105 , the appellant’s application to SSA for death benefits may have also acted as an application for VA benefits.”

Schoolman v. West, 12 Vet. App. 307 (Vet. App. 1999). · cites it 2× “The Board determined that pursuant to 38 U.S.C. § 5105 and 38 C.F.R. § 3.153 (1998) the appellant’s application for benefits filed with the SSA would be considered to be a claim for VA death benefits and be considered to have been received by VA on the date of receipt by the SSA.”

Murincsak v. Derwinski, 2 Vet. App. 363 (Vet. App. 1992). “The enabling statute for this regulation, 38 U.S.C. § 5105 (formerly § 3005), refers to joint applications for social security claims under 42 U.”

Tetro v. Gober, 14 Vet. App. 100 (Vet. App. 2000). · cites it 2× “201 (a) (1999 and earlier versions) (deeming evidence received by the SSA in support of a claim for Social Security old age, survivor, or disability benefits to have been received on the same date by VA) nor the statutory provision it implements, 38 U.S.C. § 5105 (b) (deeming a…”

Muehl v. West, 13 Vet. App. 159 (Vet. App. 1999). “See 38 U.S.C. § 5105 ; see, e.g., Murincsak v.”

Norma Van Valkenburg v. Eric K. Shinseki, 23 Vet. App. 113 (Vet. App. 2009). · cites it 3× “38 U.S.C. § 5105 (b); 38 C.F.R. § 3.201 (2009).”

Marlesa D. Lynch & Cynthia M. Martinez v. Robert L. Wilkie (Vet. App. 2018). “In supplemental briefing, the appellants also asserted that the Board should have considered whether a formal DIC claim may be pending based on an application for Social Security Administration (SSA) survivor benefits in accordance with 38 U.S.C. § 5105 (b). Appellants' Suppl.…”

Tetro v. West (Vet. App. 2000). “201 (a) (1999 and earlier versions) (deeming evidence received by the SSA in support of a claim for Social Security old age, survivor, or disability benefits to have been received on the same date by VA) nor the statutory provision it implements, 38 U.S.C. § 5105 (b) (deeming a…”

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