Benefit Rating Acceleration for Veteran Entitlements Act of 2009 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected total disability, as rated and certified by the Secretary of Veterans Affairs.
Applies the same treatment to related child's insurance and widow's and widower's insurance benefits.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4054 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4054
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
November 6, 2009
Mr. Sarbanes (for himself, Mr. Courtney, Mr. Loebsack, Mr. Cummings,
Mr. McGovern, Mr. Peterson, Ms. Kilpatrick of Michigan, Ms. Linda T.
Sanchez of California, Mr. Platts, Mr. McIntyre, Mr. Kratovil, Mr.
Bishop of New York, Mr. Ruppersberger, Mr. Nye, Ms. Berkley, Mr. Cohen,
Mr. Schiff, Mr. Young of Florida, Ms. Schakowsky, Ms. Sutton, Mr.
Blumenauer, Ms. Bordallo, Mr. Johnson of Georgia, Mr. Klein of Florida,
Mr. Frank of Massachusetts, Mr. Rahall, Mr. Kagen, Ms. Shea-Porter, Mr.
McCotter, Mr. Walz, Mr. Wilson of Ohio, Mr. George Miller of
California, Mr. Arcuri, Mr. Gordon of Tennessee, Mr. Hastings of
Washington, Mrs. Christensen, Mr. Shuler, Mr. Grijalva, Mr. Kind, Mr.
McNerney, Mr. Van Hollen, Mr. Ellison, Mr. Hall of New York, Mr.
Bartlett, Mr. Scott of Virginia, Mr. Pascrell, Mr. Welch, Mr.
Perlmutter, Mr. Carson of Indiana, Mr. Weiner, and Mr. Yarmuth)
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 2009''.
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 (C), 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.
``(C) 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).''.
(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).''.
(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 (C), 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.
``(C) 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2744)
Referred to the House Committee on Ways and Means.
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