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

[broncovet]

It never ceases to amaze me how the right hand of government does not know what the left hand is doing.  And there is quarreling amongst difference government agencies, like divorced couples.  

"Oh, we dont take VA disability at SSA, they are beneath us"

or,

"VA does not accept social security determinations of SSD because that does not show service connection".  (Wrong.  Social Security decisions show the conditions in which rendered the claimant disabled.  All one has to do is look and see if those conditions are service connected by VA)/  

[Vync]

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.

 

Hey Pete,
I did some research and the BRAVE Act was introduced, but never was actually signed into law. This link shows the act was introduced by both congressional houses, but it stalled out.

https://www.congress.gov/search?q={"source"%3A"legislation"%2C"search"%3A"Benefit Rating Acceleration for Veteran Entitlements"}

 

I read the first couple of pages of the link you posted. The GAO did research to determine the relation between the two programs and also impact on SSDI if the BRAVE Act was passed.

This article highlights the intent and provisions of each program, and then presents data on the historical interactions between them using matched administrative records from the two programs. It also examines the probable outcomes had the BRAVE Act been enacted.

 

They did state that if the program was passed into law, then there would be a mass influx of 100% P&T and IU veterans would would rapidly flock to it.

 

I could be wrong, but I was actually hoping to find something which showed it did pass and was implemented. The only thing I found for 100% P&T veterans was the accelerated processing program: https://www.ssa.gov/pubs/EN-05-10565.pdf

[ArNG11]

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?

Bupropion? Ill be dammed. I didn't realize this.  I thought it was an additional meds for pain management.  

I hope that you are right in some regards, however, I don't trust any of these agencies.  Leave us alone, man that would be great.  How about if one agency finds you unable to work then all other agencies must follow suit.  

[ArNG11]

In this day an age there are no excuses on the time frames these agencies take to approve or deny a claim, even worse, to put claim in limbo status when you have no inkling of when it will be decided.  The process could be streamlined a bunch more instead of how the system is now.  But I'm sure that is the point.  Delay tactics for sure.

[waccamawwild]

I couldn't agree with you more ArNG11. The VA knows the statistics of the number of veterans who give up without appealing denials. They feel they can wait veterans out. I bet they are surprised when they get Notice of Disagreements when they arrive. It is not about the fortitude of the veteran. It is about a broken system.

[ArNG11]

waccamwild I don't disagree.  Adapt and overcome is what the VA is doing, that I have no doubt, however, how long can they, these agencies, dance around this.  I mean decisions from other agencies are probative evidence.  Yes the rules that govern each agency are different, and yes SSD is the only one that looks at everything affecting the person as a whole regarding a disabled persons ability to work in their general area of experience and training but when or how can you get it through their thick skulls enough is enough.