38 U.S.C. § 5318: Review of Social Security…

Summary

The Secretary must regularly compare VA payment records with Social Security death records. The checks are to see if people getting VA compensation or pension are dead, to stop payments quickly when they are dead, and to start collecting any money paid after death. The death data comes from the Social Security Administration, including state reports, under a written agreement between the Secretary and the Commissioner. That agreement must include protections to keep the information private and prevent misuse.

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