§5318 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must regularly check VA payment records against Social Security death records to (1) find out if people receiving compensation or pensions are dead, (2) stop payments quickly when a recipient has died, and (3) start collecting any overpayments that happened because payments continued after death. The death data used comes from the Social Security Administration, including information SSA gets from States, under an agreement between the Secretary and the Commissioner of Social Security. That agreement must include safeguards so the information is not misused or shared improperly.

Title 38, §5318

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall periodically compare Department of Veterans Affairs information regarding persons to or for whom compensation or pension is being paid with information in the records of the Social Security Administration relating to persons who have died for the purposes of—

(1)determining whether any such persons to whom compensation and pension is being paid are deceased;

(2)ensuring that such payments to or for any such persons who are deceased are terminated in a timely manner; and

(3)ensuring that collection of overpayments of such benefits resulting from payments after the death of such persons is initiated in a timely manner.

(b)The Social Security Administration death information referred to in subsection (a) of this section is death information available to the Secretary from or through the Commissioner of Social Security, including death information available to the Commissioner from a State, pursuant to a memorandum of understanding entered into by the Secretary and the Commissioner. Any such memorandum of understanding shall include safeguards to assure that information made available under it is not used for unauthorized purposes or improperly disclosed.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Pub. L. 108–183, § 708(c)(4)(B)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in section catchline. Subsec. (a). Pub. L. 108–183, § 708(c)(4)(A)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in introductory provisions. Subsec. (b). Pub. L. 108–183, § 708(c)(4)(A)(ii), substituted “Social Security Administration” for “Department of Health and Human Services”, “Commissioner of Social Security” for “Secretary of Health and Human Services” after “through the”, “Commissioner” for “Secretary of Health and Human Services” after “available to the”, and “the Secretary and the Commissioner” for “such Secretaries”. 1991—Pub. L. 102–40 renumbered section 3118 of this title as this section.

§5318 Review of Social Security Administration Death Information

Summary

Title 38, §5318

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata