Title 38Veterans' BenefitsRelease 119-73

§5105 Joint applications for social security and dependency and indemnity compensation

Title 38 › Part PART IV— - GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 51— - CLAIMS, EFFECTIVE DATES, AND PAYMENTS › Subchapter SUBCHAPTER I— - CLAIMS › § 5105

Last updated Apr 6, 2026|Official source

Summary

The Secretary and the Social Security Commissioner may make a single form for survivors of military members to apply for both Chapter 13 benefits and Social Security (Title II) benefits. Those forms must ask enough questions so the answers count as a complete application for both programs. If someone files any paper saying they want survivor benefits with either office, that paper counts as an application to both. The office that gets it must send a copy and any supporting papers to the other office. Each office can still ask for extra information it needs.

Full Legal Text

Title 38, §5105

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References 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 Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 5105

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73