New Bill Introduced Into Congress For Disabled Veterans Rated As Total

[tdak]

H.R. 2943: To amend titles II and XVI of the Social Security Act to provide for treatment of disability...

HR 2943 IH

110th CONGRESS

1st Session

H. R. 2943

To amend titles II and XVI of the Social Security Act to provide for treatment of disability rated and certified as total by the Secretary of Veterans Affairs as disability for purposes of such titles.

IN THE HOUSE OF REPRESENTATIVES

June 28, 2007

Mr. SARBANES (for himself, Mr. ALTMIRE, Mr. ANDREWS, Ms. BERKLEY, Mr. BISHOP of Utah, Mr. BOOZMAN, Mrs. BOYDA of Kansas, Mr. BRADY of Pennsylvania, Mr. BRALEY of Iowa, Mr. CARNEY, Mr. CASTLE, Mr. CUMMINGS, Mr. TOM DAVIS of Virginia, Mr. EHLERS, Mr. FILNER, Mr. GONZALEZ, Mr. HALL of New York, Mr. HARE, Ms. HIRONO, Ms. KAPTUR, Mr. KENNEDY, Mr. LOEBSACK, Mrs. MCCARTHY of New York, Mr. GEORGE MILLER of California, Mr. MILLER of Florida, Mr. PALLONE, Mr. PERLMUTTER, Mr. RUPPERSBERGER, Ms. LINDA T. SANCHEZ of California, Mr. SERRANO, Mr. SHAYS, Ms. SOLIS, Mr. SPACE, Ms. SUTTON, Mr. VAN HOLLEN, Mr. WALZ of Minnesota, Mr. WELCH of Vermont, and Ms. DELAURO) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend titles II and XVI of the Social Security Act to provide for treatment of disability rated and certified as total by the Secretary of Veterans Affairs as disability for purposes of such titles.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Benefit Rating Acceleration for Veteran Entitlements Act of 2007'.

SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE II OF THE SOCIAL SECURITY ACT .

(a) Disability for Purposes of Entitlement to Disability Insurance Benefits and Other Benefits Based on Disability-

(1) IN GENERAL- Section 223(d) of the Social Security Act (42 U.S.C. 423(d)) is amended by adding at the end the following new paragraph:

`(7)(A) Notwithstanding the preceding provisions of this subsection, any individual who has a service-connected disability rated by the Secretary of Veterans Affairs as total for purposes of benefits under chapter 11 of title 38, United States Code, and presents written certification of such rating determination to the Commissioner of Social Security shall be deemed to be under a disability (within the meaning of the preceding paragraphs of this subsection) for each month--

`(i) beginning with the month during which such certification is presented to the Commissioner, and

`(ii) ending with the earlier of--

`(I) any month during which certification is made to the Commissioner pursuant to subparagraph (B) that such service-connected disability has ceased, or

`(II) any month during which the Commissioner determines, subject to subparagraph ©, that such individual is able to engage in substantial gainful activity.

`(B) In any case in which the Secretary of Veterans Affairs determines that an individual who has been determined by such Secretary to be totally disabled for purposes of benefits under chapter 11 of title 38, United States Code, and with respect to whom a certification has been made to the Commissioner pursuant to subparagraph (A) that such individual has ceased to be so disabled, such Secretary shall promptly certify to the Commissioner such Secretary's determination that such individual has ceased to be so disabled.

`© Any determination by the Commissioner under subparagraph (A)(ii)(II) shall be made on the basis of evidence of earnings, without consideration of any evidence of medical recovery.

`(D) Nothing in this paragraph shall be construed to preclude a determination under this title that an individual who is not deemed to be under a disability under subparagraph (A) is under a disability (within the meaning of the preceding paragraphs of this subsection).

`(E) The Commissioner of Social Security and the Secretary of Veterans Affairs shall enter into such arrangements as are necessary and appropriate for purposes of carrying out the provisions of this paragraph.'.

(2) OTHER BENEFITS BASED ON DISABILITY-

(A) Child's INSURANCE BENEFITS- Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended by adding at the end the following new sentence: `Under regulations of the Commissioner of Social Security, the provisions of section 223(d)(7) shall apply with respect to benefits under this section (and determinations of disability made for purposes of determinations of entitlement to such benefits) in the same manner and to the same extent as such provisions apply with respect to benefits under section 223 (and determinations of disability made for purposes of determinations of entitlement to benefits under section 223).'.

(B) Widow's INSURANCE BENEFITS- Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by adding at the end the following new sentence: `Under regulations of the Commissioner of Social Security, the provisions of section 223(d)(7) shall apply with respect to benefits under this section (and determinations of disability made for purposes of determinations of entitlement to such benefits) in the same manner and to the same extent as such provisions apply with respect to benefits under section 223 (and determinations of disability made for purposes of determinations of entitlement to benefits under section 223).'.

© Widower's INSURANCE BENEFITS- Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by adding at the end the following new sentence: `Under regulations of the Commissioner of Social Security, the provisions of section 223(d)(7) shall apply with respect to benefits under this section (and determinations of disability made for purposes of determinations of entitlement to such benefits) in the same manner and to the same extent as such provisions apply with respect to benefits under section 223 (and determinations of disability made for purposes of determinations of entitlement to benefits under section 223).'.

(B) Determinations of Periods of Disability- Section 216(i) of such Act (42 U.S.C. 416(i)) is amended by adding at the end the following new paragraph:

`(3)(A) Notwithstanding paragraphs (1) and (2), any individual who has a service-connected disability rated by the Secretary of Veterans Affairs as total for purposes of benefits under chapter 11 of title 38, United States Code, and presents written certification of such rating determination to the Commissioner of Social Security shall be deemed to be under a disability (within the meaning of paragraph (1)) for each month--

`(i) beginning with the month during which such certification is presented to the Commissioner, and

`(ii) ending with the earlier of--

`(I) any month during which certification is made to the Commissioner pursuant to subparagraph (B) that such service-connected disability has ceased, or

`(II) any month during which the Commissioner determines, subject to subparagraph ©, that such individual is able to engage in substantial gainful activity.

`(B) In any case in which the Secretary of Veterans Affairs determines that an individual who has been determined by such Secretary to be totally disabled for purposes of benefits under chapter 11 of title 38, United States Code, and with respect to whom a certification has been made to the Commissioner pursuant to subparagraph (A) that such individual has ceased to be so disabled, such Secretary shall promptly certify to the Commissioner such Secretary's determination that such individual has ceased to be so disabled.

`© Any determination by the Commissioner under subparagraph (A)(ii)(II) shall be made on the basis of evidence of earnings, without consideration of any evidence of medical recovery.

`(D) Nothing in this paragraph shall be construed to preclude a determination under this title that an individual who is not deemed to be under a disability under subparagraph (A) is under a disability (within the meaning of paragraph (1)).

`(E) The Commissioner of Social Security and the Secretary of Veterans Affairs shall enter into such arrangements as are necessary and appropriate for purposes of carrying out the provisions of this paragraph.'.

SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE XVI OF THE SOCIAL SECURITY ACT.

Section 1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following:

`(K) In making determinations with respect to disability under this title, the provisions of section 223(d)(7) shall apply in the same manner as they apply to determinations of disability under title II.'.

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to determinations of disability in connection with applications for benefits or periods of disability filed or pending on or after the date of the enactment of this Act.

Edited July 15, 2007 by tdak

[Pete53]

It would be nice if this makes it but I doubt that President Bush would sign it.

[Ricky]

I just wish I understood it! Does this mean that a veteran who is rated 100 percent via ratings such as 70, 20, 50 (or a combination which adds up to 100) is auto qualified for disability? Don't seem right if this is the way it reads as SSDI is based upon whole or nothing. If it applies to a TDIU rating then I can see it.

If it is based upon my first thought then we better watch our cause they may be saying if you are 100 percent then you will file for SSDI - If you do not then you are not 100 percent (VA). This would could out vets who have a combined rating of 100 percent and still work!!

They might just be trying to be sneaky on this one. jmho

[Tower_Rat]

Would this work in reverse if you have already got SSD for the same thing your filing for and can prove it with evidence of SSA records for the VA. Then could you receive a full benefit from the VA?

Many Veterans get SSD before they get VA disability benefits and vice versa seems like a pretty good bill.

[SLEDGE]

Basically, it looks like more political mumbo-jumbo that is designed to help re-election bids without actually doing anything to help disabled vets....

sledge

[JON]

In several places, it refers to "total disability" and that infers to me either total permanent or temporary total. Chapter 11 talks about wartime and peacetime disability. Yes, like Pete says if it will only fly without massive changes.

[Ricky]

After re-reading the bill I agree with Sledge - it is a 2008 "look what I tried to do for the poor veterans" re-election push.