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

[Guest]

 

 

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.

 

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

Vync, you are actually correct. I could not find that it passed also but what I seen was that most veterans will have to appeal all the way up to the ALJ (Administrative Law Judge) to win his or her SSDI claim and that is with a Law Dawg.  Granted the Retro pay would be a nice five figure pay day minus what SSA would take out for the Law Dawg share/cut but it is what it is.  As I stated in my above post that there is no guarantee that SSA will grant a 100% or TDIU veteran social security but they do share the information.  With the expedited /accelerated processing programs with social security, veterans are getting quicker decisions.  I think this is really for veterans who are deemed 100% or TDIU by VA and SSA makes granting SSA claims sooner and not VA granting SSA veterans 100% or TDIU.  We all know that VA is a beast and they do not care because there is no accountability and no repercussion for them not following any law not even their own. 

[Vync]

Vync, you are actually correct. I could not find that it passed also but what I seen was that most veterans will have to appeal all the way up to the ALJ (Administrative Law Judge) to win his or her SSDI claim and that is with a Law Dawg.  Granted the Retro pay would be a nice five figure pay day minus what SSA would take out for the Law Dawg share/cut but it is what it is.  As I stated in my above post that there is no guarantee that SSA will grant a 100% or TDIU veteran social security but they do share the information.  With the expedited /accelerated processing programs with social security, veterans are getting quicker decisions.  I think this is really for veterans who are deemed 100% or TDIU by VA and SSA makes granting SSA claims sooner and not VA granting SSA veterans 100% or TDIU.  We all know that VA is a beast and they do not care because there is no accountability and no repercussion for them not following any law not even their own. 

Pete,
Good points! After I read the PDF, I realized the difference between SSDI and VA disability. If SS had to award ratings in 10% increments like the VA, I could only imagine how much more screwed up the system would be compared to how it already is.

[jbasser]

This died and never bacame law. SSA has adopted a wounder warrior program that only speeds up the process.

The SSA has their own 5 step process and Congress needs to fix it for Veterans. How can 2 disability systems from 1 government have different criteria.

If you are IU from the VA you should be receiving SSDI if you paid into the system.

 

[Buck52]

I guess the SSA forgot about us Vietnam Veterans

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

 

[Navy04]

I will say that under the Wounded Warrior Program, my SSDI was approved in less then 2 months, which is unheard of in Tx, then again I do have alot of both Physical and Mental health issues.

[freedomisntfree]

I am 100% P&T with SMC (S1) "housebound" and on long term disability insurance from my old job. But the long term disability insurance is only good for 24 months. When should I file for the SSDI?