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38 U.S.C. § 1322 — Certifications with respect to social security entitlement

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1322 — Certifications with respect to social security entitlement

**(a)** Determinations required by [section 1312(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1312/a&num=0&edition=prelim) (other than a determination required by [section 1312(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1312/a/2&num=0&edition=prelim)) as to whether any survivor described in [section 1312(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1312/a/3&num=0&edition=prelim) of a deceased individual would be entitled to benefits under section 202 of the Social Security Act ([42 U.S.C. 402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim)) for any month and as to the amount of the benefits which would be paid for such month, if the deceased veteran had been a fully and currently insured individual at the time of such veteran’s death, shall be made by the Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary. **(b)** The Secretary shall pay to the Commissioner of Social Security an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Commissioner may prescribe, with the amount of such payments to be made on the basis of estimates made by the Commissioner after consultation with the Secretary. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period. **(c)** Except w

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Source file: Laws/federal/codes/united-states-code/title-38/section-1322-certifications-with-respect-to-social-security-entitlement--c6ef7866a9.md
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Source location: Title 38, Chapter 13, § 1322; chapter-013-dependency-and-indemnity-compensation-for-service-connected-deaths.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1312 — Benefits in certain cases of in-service or service-connected deaths

**(a)** In the case of any veteran— (1) who dies after December 31, 1956, and is not a fully and currently insured individual (as defined in section 214 of the Social Security Act ([42 U.S.C. 414](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414&num=0&edition=prelim))) at the time of such veteran’s death; and (2) whose death occurs— (A) while on active duty, active duty for training, or inactive duty training; or (B) as the result of a service-connected disability incurred after September 15, 1940; and (3) who leaves one or more survivors who are not entitled for any month to monthly benefits under section 202 of the Social Security Act ([42 U.S.C. 402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim)) on the basis of such veteran’s wages and self-employment income but who would, upon application therefor, be entitled to such benefits if such veteran had been fully and currently insured at the time of such veteran’s death; the Secretary shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), if such veteran had been both fully and currently insured at the time of such veteran’s death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Secretary. **(b)** In any case where the amount of dependency and indemnity compensation payable under this chapter to a surviving spouse who has children is less than

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1101 — Definitions

For the purposes of this chapter— (1) The term “veteran” includes a person who died in the active military, naval, air, or space service. (2) The term “period of war” includes, in the case of any veteran— (A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and (B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947. (3) The term “chronic disease” includes—Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s disease) Tuberculosis, active Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Secretary may add to this list. (4) The term “tropical disease” includes—Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kal

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 402 — Old-age and survivors insurance benefit payments

**(a) Old-age insurance benefits** Every individual who— (1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)), (2) has attained age 62, and (3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), shall be entitled to an old-age insurance benefit for each month, beginning with— (A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or (B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month. **(b) Wife’s insurance benefits** (1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1322 — Certifications with respect to social secu-

Page 230 TITLE 38—VETERANS’ BENEFITS § 1322 pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Sec- retary concerned shall be binding upon the Sec- retary. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 421; Pub. L. 91–96, § 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94–433, title IV, § 405(17), Sept. 30, 1976, 90 Stat. 1380; renumbered § 1321 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 421 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary, certify to the Secretary’’ for ‘‘Administrator, certify to the Administrator’’ and ‘‘upon the Secretary’’ for ‘‘upon the Administrator’’. 1976—Pub. L. 94–433 substituted ‘‘to the Adminis- trator’’ for ‘‘to him’’. 1969—Pub. L. 91–96 substituted ‘‘Certifications with respect to pay grade’’ for ‘‘Certifications with respect to basic pay’’ in section catchline and substituted pro- visions authorizing certifications with respect to the pay grade of deceased persons for provisions author- izing certifications with respect to the basic pay of de- ceased persons, considering rank or grade and cumu- lative years of service for pay purposes, and struck out the provision requiring the adjustment of basic pay as determined by this chapter whenever basic pay (as de- fined under the former provisions of section 401 of this title) is adjusted. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1969 AME

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 402 — Old-age and survivors insurance benefit

Page 1817 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ‘‘(3) As used in this subsection, the term ‘Trust Funds’ has the meaning given it in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)].’’ ADVANCES FROM TRUST FUNDS FOR ADMINISTRATIVE PURPOSES; FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED FIS- CAL YEAR Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed fiscal year for purposes of section 305(b) of Pub. L. 92–603, set out as a note above, relating to advances from trust funds for administrative pur- poses, see section 201(11) of Pub. L. 94–274, title II, Apr. 21, 1976, 90 Stat. 390, set out as a note under section 343 of Title 7, Agriculture. GIFTS AND BEQUESTS FOR THE USE OF THE UNITED STATES AND FOR EXCLUSIVELY PUBLIC PURPOSES Pub. L. 92–603, title I, § 132(g), Oct. 30, 1972, 86 Stat. 1361, provided that: ‘‘For the purpose of Federal in- come, estate, and gift taxes, any gift or bequest to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Fed- eral Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund, or to the Department of Health, Education, and Welfare [now Health and Human Services], or any part or officer thereof, for the benefit of any of such Funds or any ac- tivity financed through any of such Funds, which is ac- cepted by the Managing Trustee of such Trust Funds under the authority of section 201(i) of the Social Secu- rity Act [42 U.S.C. 401(i)], shall be considered as a gift or bequest to or for the use of the United States and as made for exclusively public purposes.’’ TAXES ON SERVICES RENDERED BY EMPLOYEES OF INTERNATIONAL ORGANIZATIONS PRIOR TO JAN. 1,

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