tdiu The Brave Act (100%/TDIU and SSA)

[pacmanx1]

The Crazy one here, look we share we learn.

In recent years, policymakers have examined the interaction of two federal programs that provide benefits to military personnel with service-connected disabilities. In September 2009, the Government Accountability Office issued a report recommending that the Social Security Administration (SSA) increase its outreach and collaboration with the Department of Veterans Affairs (VA) to improve access to Social Security disability benefits for military personnel wounded since October 2001 in operations in Afghanistan and Iraq (GAO 2009). Also in 2009, both houses of Congress introduced legislation known as the BRAVE Act1 that would certify veterans judged by the VA to have total disability (that is, having a combined rating of 100%2 or a rating of individual unemployability [IU]) as meeting the medical requirements of the disability programs administered by SSA. Essentially, a veteran with a rating of total disability would not have to undergo the medical portions of SSA’s disability determination to be eligible to receive Social Security disability benefits. The veteran would have to be insured for disability in order to qualify for Disability Insurance (DI) worker benefits and could not be engaged in substantial gainful activity (SGA).

https://www.ssa.gov/policy/docs/ssb/v74n3/ssb-v74n3.pdf

[waccamawwild]

I think anything that the VA and SSA could do to make the process easier would be a good thing for veterans. I am on SSDI and 100% P&T no exams scheduled through VA. I don't think disabled Veterans should have to go through the process twice to attain these benefits.

[Vync]

The Crazy one here, look we share we learn.

In recent years, policymakers have examined the interaction of two federal programs that provide benefits to military personnel with service-connected disabilities. In September 2009, the Government Accountability Office issued a report recommending that the Social Security Administration (SSA) increase its outreach and collaboration with the Department of Veterans Affairs (VA) to improve access to Social Security disability benefits for military personnel wounded since October 2001 in operations in Afghanistan and Iraq (GAO 2009). Also in 2009, both houses of Congress introduced legislation known as the BRAVE Act1 that would certify veterans judged by the VA to have total disability (that is, having a combined rating of 100%2 or a rating of individual unemployability [IU]) as meeting the medical requirements of the disability programs administered by SSA. Essentially, a veteran with a rating of total disability would not have to undergo the medical portions of SSA’s disability determination to be eligible to receive Social Security disability benefits. The veteran would have to be insured for disability in order to qualify for Disability Insurance (DI) worker benefits and could not be engaged in substantial gainful activity (SGA).

https://www.ssa.gov/policy/docs/ssb/v74n3/ssb-v74n3.pdf

Hey Pete,
Was this ever signed into law?

[Navy04]

Pete,

 

Thanks for the info, I have been wondering as I am VA and Navy Permanent Disabled and Retired, but I believe my SSDI is not permanent as of yet. I have not read anything that says that I am up for review thru the SSA, but not read anything permanent either, as their paper work does not explain as well as VA. I read online that I will begin to receive Medicare Insurance in April 2016 which will make 2 years since I was granted SSDI. Does that mean that I am Permanent? Not trying to hijack thread, just had a quick question while it is on my mind. Thanks

[waccamawwild]

The Social Security Administration normally reviews you every 3 years or 7 years. But I was reviewed at the 18 month mark because I was working part time and under SGA income limit for SSDI. Unfortunately the Degenerative Disk Disease in my back has gotten so bad I just can't work anymore. I was in retail sales and loved the interaction with the public. They checked my income constantly and made me send copies of my pay stubs to SSA. There are veterans who are missing an arm or leg and SSA still ask to look at them but most of time not. Anyway what I am upset about is the fact that we have to constantly be reevaluated. I have Bipolar Disorder and it is severe. My doctor says there is no cure but I am on haldol shots and take bupropion. I can't hold a job for long because I have severe mood swings. Anyway there should be some program where once they determine your disabilities are severe enough the VA and SSA leave you the hell alone on reevaluations and try to seriously help you. I get tired of constantly be like a dog proving I can do a trick in proving my disabilities. If they are permanent what is the point if they are also severe enough?

[waccamawwild]

Just realize that I am very thankful for the help I get from the VA Regional Office, VAMC Hospital, and VA clinic. I am just frustrated with the process. No one told me as as a veteran I would practically have to be a Doctor and a Lawyer as well!

[Guest]

Navy, the one thing that SSA and VA has in common is that they both want you to go back to work.  Both VA and SSA will make statements that your condition is not permanent or that you will have a re-evaluation in blank number of years or even my favorite is due to medical advancement we want to re-evaluate you in a few years because they may discover or make a medication to cure you.  

Vync, I pulled this straight from Social Security Bulletin Vol. 74, No. 3, 2014 So it is already a part of their policy.  There is no guarantees that an individual will be granted both 100% or TDIU and SSDI.  The Individual must still meet SSA requirements.

https://www.ssa.gov/policy/docs/ssb/v74n3/ssb-v74n3.pdf

VA and SSA are required by law to share the following types of information:

1. Medical evidence and hospital records.
2. Disability determinations.
3. Benefit receipt and payment amounts.