
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC5105]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                          SUBCHAPTER I--CLAIMS
 
Sec. 5105. Joint applications for social security and dependency 
        and indemnity compensation
        
    (a) The Secretary and the Commissioner of Social Security shall 
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.). Each such form 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 such a form 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, Sec. 3005; Pub. L. 97-
295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98-160, title 
VII, Sec. 702(16), Nov. 21, 1983, 97 Stat. 1010; renumbered Sec. 5105, 
Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
Pub. L. 102-83, Sec. 4(b)(9), Aug. 6, 1991, 105 Stat. 405; Pub. L. 103-
296, title I, Sec. 108(k), Aug. 15, 1994, 108 Stat. 1488.)

                       References in Text

    The Social Security Act, referred to in text, is act Aug. 14, 1935, 
ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act 
is classified generally to subchapter II (Sec. 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

    1994--Subsec. (a). Pub. L. 103-296, Sec. 108(k)(1), substituted 
``Commissioner of Social Security'' for ``Secretary of Health and Human 
Services''.
    Subsec. (b). Pub. L. 103-296, Sec. 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, Sec. 402(b)(1), renumbered section 3005 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 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, Sec. 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.


                    Effective 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.

                  Section Referred to in Other Sections

    This section is referred to in section 5101 of this title; title 42 
section 402.
