[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2872 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2872

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2008

 Mr. Brown (for himself and Ms. Snowe) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 reason of 
unemployability by the Secretary of Veterans Affairs as disability for 
            purposes of such titles, and for other purposes.

    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 2008''.

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.--
            (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 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--
            ``(i) beginning with the first month for which the 
        Secretary of Veterans Affairs determines the individual to have 
        such a rating, 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 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.
    ``(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.
    ``(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).
    ``(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--
            ``(i) the Secretary of Veterans Affairs to--
                    ``(I) include in the written certification required 
                under subparagraph (A) the dates of services which 
                resulted in the service connected disability of the 
                individual; and
                    ``(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; and
            ``(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).
    ``(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)).''.
            (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:
    ``(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--
            ``(i) beginning with the first month for which the 
        Secretary of Veterans Affairs determines the individual to have 
        such a rating, 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 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.
    ``(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.
    ``(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)).
    ``(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--
            ``(i) the Secretary of Veterans Affairs to--
                    ``(I) include in the written certification required 
                under subparagraph (A) the dates of services which 
                resulted in the service connected disability of the 
                individual; and
                    ``(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; and
            ``(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).
    ``(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)).''.

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:
                    ``(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. 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:
    ``(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.''.

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:
``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.
    ``(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.
    ``(c) Termination of Treatment.--(1) Subsection (a) shall cease to 
apply to a veteran otherwise covered by that subsection upon either of 
the following:
            ``(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.
            ``(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.
    ``(2) The Commissioner of Social Security shall promptly notify the 
Secretary of each determination covered by paragraph (1)(B).''.
    (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:

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

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.
                                 <all>