[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2759 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2759

 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 SENATE OF THE UNITED STATES

                           November 10, 2009

   Mr. Brown 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 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:
    ``(4)(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>