I

104TH CONGRESS

1ST SESSION H. R. 1609

To amend the Social Security Act and title 38, United States Code, to

provide for sharing of medical information relating to determinations

of disability between the Social Security Administration and Department

of Veterans Affairs.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 1995

Ms. WATERS introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Veterans’

Affairs, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Social Security Act and title 38, United States

Code, to provide for sharing of medical information relating to determinations of disability between the Social

Security Administration and Department of Veterans

Affairs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION. 1. INFORMATION OBTAINED BY THE COMMIS2 SIONER OF SOCIAL SECURITY REGARDING

3 DISABILITY DETERMINATIONS TO BE TRANS4 FERRED TO SECRETARY OF VETERANS AF5 FAIRS.

6 (a) TRANSFER OF INFORMATION RELATING TO ELI7 GIBILITY FOR SUPPLEMENTAL SECURITY INCOME.—Sec8 tion 1631(f) of the Social Security Act (42 U.S.C.

9 1383(f)) is amended—

10 (1) in the heading, by striking ‘‘Furnishing of

11 Information by Other Agencies’’ and inserting ‘‘In12 formation Sharing Between Federal Agencies’’;

13 (2) by inserting ‘‘(1) ’’after ‘‘(f)’’; and

14 (3) by adding at the end the following:

15 ‘‘(2) In a case in which the Commissioner determines

16 the eligibility for supplemental security income of an indi17 vidual who is a veteran (as defined in section 101 of title

18 38, United States Code), the Commissioner shall, subject

19 to the consent the veteran, provide to the Secretary of Vet20 erans Affairs medical information regarding the veteran

21 which the Commissioner obtained when determining such

22 eligibility and which may be relevant to determination of

23 eligibility of the veteran for benefits under laws adminis24 tered by the Secretary. Such information may include the

25 Commissioner’s determination of the veteran’s eligibility

26 for supplemental security income and the basis for that
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1 determination. The types of information to be provided

2 shall be specified in an agreement to be entered into be3 tween the Commissioner and the Secretary.’’.

4 (b) TRANSFER OF INFORMATION.—Section 221 of

5 the Social Security Act (42 U.S.C. 422) is amended by

6 adding at the end the following:

7 ‘‘(m) In a case in which the Commissioner has deter8 mined the eligibility for disability insurance benefit pay9 ments of an individual who is a veteran (as defined in sec10 tion 101 of title 38, United States Code), the Commis11 sioner shall, subject to the consent of the veteran, provide

12 to the Secretary of Veterans Affairs medical information

13 regarding the veteran which the Commissioner obtained

14 when determining such eligibility and which may be rel15 evant to determination of eligibility of the veteran for ben16 efits under laws administered by the Secretary. Such in17 formation may include the Commissioner’s determination

18 of the veteran’s eligibility for such payments and the basis

19 for that determination. The types of information to be pro20 vided shall be specified in an agreement to be entered into

21 between the Commissioner and the Secretary.’’.
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1 SEC. 2. SOCIAL SECURITY ADMINISTRATION DISABILITY IN2 FORMATION OBTAINED BY THE DEPART3 MENT OF VETERANS AFFAIRS.

4 (a) REQUIREMENT TO OBTAIN INFORMATION.—Sec5 tion 5106 of title 38, United States Code, is amended—

6 (1) by inserting ‘‘(a)’’ before ‘‘The head of

7 any’’; and

8 (2) by adding at the end the following:

9 ‘‘(b) In a case in which the Secretary has received

10 from a veteran an application for a disability benefit under

11 laws administered by the Secretary and there is an issue

12 of the nature or degree of disease or disability of the vet13 eran, the Secretary shall, if the veteran has previously ap14 plied for supplemental security income under title XVI of

15 the Social Security Act or for disability insurance benefit

16 payments under title II of that Act, request the Commis17 sioner of Social Security to provide to the Secretary any

18 medical information obtained when determining the veter19 an’s eligibility under such Act.’’.

20 (b) USE OF DISABILITY DETERMINATIONS MADE BY

21 THE SOCIAL SECURITY ADMINISTRATION.—(1) Sub22 chapter I of chapter 51 of title 38, United States Code,

23 is amended by adding at the end the following new section:
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1 ‘‘§ 5109a. Use of disability determinations made by

2 Social Security Administration

3 ‘‘(a) When the Secretary receives from the Social Se4 curity Administration notice that the Commissioner of So5 cial Security has determined that a veteran has a disease

6 or disability, or has made a medical determination as to

7 the nature or degree of a disease or disability of a veteran,

8 in a case in which the veteran has applied for disability

9 benefits under laws administered by the Secretary and the

10 eligibility of such veteran for such benefits has not been

11 determined by the Secretary, the Secretary shall accept

12 such determination for purposes of determining the exist13 ence of such disability or the nature or degree of such dis14 ability for purposes of laws administered by the Secretary.

15 The Secretary may not rely on a determination by the So16 cial Security Administration that a disability does not

17 exist.

18 ‘‘(b) When the Secretary has awarded a disability

19 benefit to a veteran in reliance upon information obtained

20 from the Social Security Administration, the Secretary

21 shall periodically verify with the Social Security Adminis22 tration the status of the veteran’s disability. If the Social

23 Security Administration has determined that the disability

24 no longer exists, or that the nature or degree of the dis25 ability has changed, the Secretary shall review the award

26 of disability benefits to the veteran.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting after the item relating

3 to section 5109 the following new item:

‘‘5109a. Use of disability determinations made by Social Security Administration.’’.

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