S 2872 ISCommentsClose CommentsPermalink

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

April 16, 2008

Mr. BROWN (for himself and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

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

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Benefit Rating Acceleration for Veteran Entitlements Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED AS TOTAL BY REASON OF UNEMPLOYABILITY 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-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(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 by reason of unemployability for purposes of benefits under chapter 11 of title 38, United States Code, is expected by such Secretary to have such disability for not less than one year, 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--CommentsClose CommentsPermalink





`(i) beginning with the first month for which the Secretary of Veterans Affairs determines the individual to have such a rating, andCommentsClose CommentsPermalink





`(ii) ending with the earlier of--CommentsClose CommentsPermalink





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





`(II) any month during which the Commissioner determines that such individual is no longer entitled to benefits under this title on the basis of being disabled as a result of a continuing disability review or a determination that the individual is able to engage in substantial gainful activity.CommentsClose CommentsPermalink





`(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 by reason of unemployability 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)(ii)(I) 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.CommentsClose CommentsPermalink





`(C) 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).CommentsClose CommentsPermalink





`(D) 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. Such arrangements shall include requirements for--CommentsClose CommentsPermalink





`(i) the Secretary of Veterans Affairs to--CommentsClose CommentsPermalink





`(I) include in the written certification required under subparagraph (A) the dates of services which resulted in the service connected disability of the individual; andCommentsClose CommentsPermalink





`(II) immediately notify the Commissioner of Social Security of any knowledge of such Secretary that an individual who is deemed to be under a disability under subparagraph (A) engages or is able to engage in substantial gainful activity; andCommentsClose CommentsPermalink





`(ii) the Commissioner of Social Security to provide the Secretary of Veterans Affairs with the names of each individual deemed to be under a disability under subparagraph (A).CommentsClose CommentsPermalink





`(E) An individual who is deemed to be under a disability under subparagraph (A) shall be notified of the requirement to immediately notify the Commissioner of Social Security and the Secretary of Veterans Affairs of any work activity engaged in by the individual that results in earnings that exceed the level of earnings established by the Commissioner of Social Security to represent substantial gainful activity and that are not conducted during a period of trial work (as defined in section 222(c)).'.CommentsClose CommentsPermalink





(2) OTHER BENEFITS BASED ON DISABILITY-CommentsClose CommentsPermalink





(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).'.CommentsClose CommentsPermalink





(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).'.CommentsClose CommentsPermalink





(C) 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).'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(4)(A) Notwithstanding paragraphs (1) and (2), any individual who has a service-connected disability rated by the Secretary of Veterans Affairs as total by reason of unemployability for purposes of benefits under chapter 11 of title 38, United States Code, is expected by such Secretary to have such disability for not less than one year, 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--CommentsClose CommentsPermalink





`(i) beginning with the first month for which the Secretary of Veterans Affairs determines the individual to have such a rating, andCommentsClose CommentsPermalink





`(ii) ending with the earlier of--CommentsClose CommentsPermalink





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





`(II) any month during which the Commissioner determines that such individual is no longer entitled to benefits under this title on the basis of being disabled as a result of a continuing disability review or a determination that the individual is able to engage in substantial gainful activity.CommentsClose CommentsPermalink





`(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 by reason of unemployability 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.CommentsClose CommentsPermalink





`(C) 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)).CommentsClose CommentsPermalink





`(D) 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. Such arrangements shall include requirements for--CommentsClose CommentsPermalink





`(i) the Secretary of Veterans Affairs to--CommentsClose CommentsPermalink





`(I) include in the written certification required under subparagraph (A) the dates of services which resulted in the service connected disability of the individual; andCommentsClose CommentsPermalink





`(II) immediately notify the Commissioner of Social Security of any knowledge of such Secretary that an individual who is deemed to be under a disability under subparagraph (A) engages or is able to engage in substantial gainful activity; andCommentsClose CommentsPermalink





`(ii) the Commissioner of Social Security to provide the Secretary of Veterans Affairs with the names of each individual deemed to be under a disability under subparagraph (A).CommentsClose CommentsPermalink





`(E) An individual who is deemed to be under a disability under subparagraph (A) shall be notified of the requirement to immediately notify the Commissioner of Social Security and the Secretary of Veterans Affairs of any work activity engaged in by the individual that results in earnings that exceed the level of earnings established by the Commissioner of Social Security to represent substantial gainful activity and that are not conducted during a period of trial work (as defined in section 222(c)).'.CommentsClose CommentsPermalink

SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY REASON OF UNEMPLOYABILITY 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 new subparagraph:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 4. APPLICATION OF MEDICAL FINDINGS BY THE SECRETARY OF VETERANS AFFAIRS FOR INDIVIDUALS WITH A SERVICE-CONNECTED DISABILITY FOR PURPOSES OF DISABILITY DETERMINATIONS UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT.

Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5)) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(C) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the medical findings of the Secretary of Veterans Affairs, including any findings of physical limitations, regarding any individual who has a service-connected disability certified by the Secretary of Veterans Affairs (without regard to whether such service-connected disability is rated by the Secretary of Veterans Affairs as total by reason of unemployability for purposes of benefits under chapter 11 of title 38, United States Code, and is expected by such Secretary to have such disability for not less than one year) shall be conclusive evidence of disability.'.CommentsClose CommentsPermalink

SEC. 5. TREATMENT OF VETERANS DETERMINED DISABLED FOR PURPOSES OF THE SOCIAL SECURITY ACT AS VETERANS TOTALLY DISABLED BY REASON OF INDIVIDUAL UNEMPLOYABILITY.

(a) In General- Subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 1164. Treatment of certain veterans as totally disabled by reason of individual unemployability

`(a) In General- A veteran who is determined by the Commissioner of Social Security to be under a disability for purposes of title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) shall be treated for purposes of this chapter as being a veteran with a disability or a combination of disabilities rated as 100 percent disabling by reason of a determination of individual unemployability.CommentsClose CommentsPermalink





`(b) No Establishment of Service-Connection- The requirement in subsection (a) shall not be construed to establish a service-connection or presumption of service-connection with respect to any disability of a veteran.CommentsClose CommentsPermalink





`(c) Termination of Treatment- (1) Subsection (a) shall cease to apply to a veteran otherwise covered by that subsection upon either of the following:CommentsClose CommentsPermalink





`(A) A reduction by the Secretary of the combined disability rating of the veteran in accordance with a determination by the Secretary that an improvement in one or more of the veteran's disabilities has occurred.CommentsClose CommentsPermalink





`(B) A determination by the Commissioner of Social Security that the veteran is no longer under a disability for purposes of titles II and XVI of the Social Security Act.CommentsClose CommentsPermalink





`(2) The Commissioner of Social Security shall promptly notify the Secretary of each determination covered by paragraph (1)(B).'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 11 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`1164. Treatment of certain veterans as totally disabled by reason of individual unemployability.'.CommentsClose CommentsPermalink

SEC. 6. 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.CommentsClose CommentsPermalink