5105. 5106. 5107. 5108. 5109. 5110. 5111. 5112. 5113. Joint applications for social security and dependency and indemnity com 5120. 5121. 5122. 5123. Payment of benefits; delivery. Payment of certain accrued benefits upon death of beneficiary. Rounding down of pension rates. SUBCHAPTER I-CLAIMS § 5101. Claims and forms (a) A specific claim in the form prescribed by the Secretary (or jointly with the Secretary of Health and Human Services, as prescribed by section 5105 of this title) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary. (Amended P.L. 97-295, §4(95)(A); P.L. 102-40, §402(b)(1), (d)(1); P.L. 102-83, § 4(a), (b).) (b)(1) A claim by a surviving spouse or child for compensation or dependency and indemnity compensation shall also be considered to be a claim for death pension and accrued benefits, and a claim by a surviving spouse or child for death pension shall be considered to be a claim for death compensation (or dependency and indemnity compensation) and accrued benefits. (2) A claim by a parent for compensation or dependency and indemnity compensation shall also be considered to be a claim for accrued benefits. (Amended P.L. 99-576, § 701(61); P.L. 102–40, § 402(b)(1).) (c)(1) Any person who applies for or is in receipt of any compensation or pension benefit under laws administered by the Secretary shall, if requested by the Secretary, furnish the Secretary with the social security number of such person and the social security number of any dependent or beneficiary on whose behalf, or based upon whom, such person applies for or is in receipt of such benefit. A person is not required to furnish the Secretary with a social security number for any person to whom a social security number has not been assigned. (2) The Secretary shall deny the application of or terminate the payment of compensation or pension to a person who fails to furnish the Secretary with a social security number required to be furnished pursuant to paragraph (1) of this subsection. The Secretary may thereafter reconsider the application or reinstate payment of compensation or pension, as the case may be, if such person furnishes the Secretary with such social security number. (3) The costs of administering this subsection shall be paid for from amounts available to the Department of Veterans Affairs for the payment of compensation and pension. (Added P.L. 101–508, § 8053(a); amended P.L. 102–40, § 402(b)(1).) § 5102. Application forms furnished upon request Upon request made in person or in writing by any person claiming or applying for benefits under the laws administered by the Secretary, the Secretary shall furnish such person, free of all expense, all such printed instructions and forms as may be necessary in establishing such claim. (Amended P.L. 102-40, § 402(b)(1); P.L. 102-83, § 4(a), (b).) § 5103. Incomplete applications (a) If a claimant's application for benefits under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no benefits may be paid or furnished by reason of such application. (Amended P.L. 102-40, § 402(b)(1); P.L. 102–83, § 4(a), (b).) (b) This section shall not apply to any application or claim for Government life insurance benefits. (Amended P.L. 102-40, § 402(b)(1).) (c) Benefits under laws administered by the Secretary may not be denied an applicant on the basis that the applicant does not have a mailing address. (Added P.L. 99-570, § 11007(a); amended P.L. 102-40, § 402(b)(1); P.L. 102-83, § 4(a).) § 5104. Decisions and notices of decisions (a) In the case of a decision by the Secretary under section 211(a)1 of this title affecting the provision of benefits to a claimant, the Secretary shall, on a timely basis, provide to the claimant (and to the claimant's representative) notice of such decision. The notice 1 So in original. Reference should be to section 511. |