I 

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. SA ́NCHEZ 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Benefit Rating Accel5 eration for Veteran Entitlements Act of 2009’’. 

6 SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY 

7 RATED AND CERTIFIED AS TOTAL BY THE 

8 SECRETARY OF VETERANS AFFAIRS AS DIS9 ABILITY FOR PURPOSES OF TITLE II OF THE 

10 SOCIAL SECURITY ACT. 

11 (a) DISABILITY FOR PURPOSES OF ENTITLEMENT TO

12 DISABILITY INSURANCE BENEFITS AND OTHER BENE13 FITS BASED ON DISABILITY.— 

14 (1) IN GENERAL.—Section 223(d) of the Social 

15 Security Act (42 U.S.C. 423(d)) is amended by add16 ing at the end the following new paragraph: 

17 ‘‘(7)(A) Notwithstanding the preceding provisions of 

18 this subsection, any individual who has a service-connected 

19 disability rated by the Secretary of Veterans Affairs as 

20 total for purposes of benefits under chapter 11 of title 38, 

21 United States Code, and presents written certification of 

22 such rating determination to the Commissioner of Social 

23 Security shall be deemed to be under a disability (within 

24 the meaning of the preceding paragraphs of this sub25 section) for each month— 


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1 ‘‘(i) beginning with the month during which 

2 such certification is presented to the Commissioner, 

3 and 

4 ‘‘(ii) ending with the earlier of— 

5 ‘‘(I) any month during which certification 

6 is made to the Commissioner pursuant to sub7 paragraph (B) that such service-connected dis8 ability has ceased, or 

9 ‘‘(II) any month during which the Commis10 sioner determines, subject to subparagraph (C), 

11 that such individual is able to engage in sub12 stantial gainful activity. 

13 ‘‘(B) In any case in which the Secretary of Veterans 

14 Affairs determines that an individual who has been deter15 mined by such Secretary to be totally disabled for pur16 poses of benefits under chapter 11 of title 38, United 

17 States Code, and with respect to whom a certification has 

18 been made to the Commissioner pursuant to subparagraph 

19 (A) that such individual has ceased to be so disabled, such 

20 Secretary shall promptly certify to the Commissioner such 

21 Secretary’s determination that such individual has ceased 

22 to be so disabled. 

23 ‘‘(C) Any determination by the Commissioner under 

24 subparagraph (A)(ii)(II) shall be made on the basis of eviVerDate Nov 24 2008 19:42 Nov 07, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4054.IH H4054

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1 dence of earnings, without consideration of any evidence 

2 of medical recovery. 

3 ‘‘(D) Nothing in this paragraph shall be construed 

4 to preclude a determination under this title that an indi5 vidual who is not deemed to be under a disability under 

6 subparagraph (A) is under a disability (within the mean7 ing of the preceding paragraphs of this subsection). 

8 ‘‘(E) The Commissioner of Social Security and the 

9 Secretary of Veterans Affairs shall enter into such ar10 rangements as are necessary and appropriate for purposes 

11 of carrying out the provisions of this paragraph.’’. 

12 (2) OTHER BENEFITS BASED ON DISABILITY.— 

13 (A) CHILD’S INSURANCE BENEFITS.—Sec14 tion 202(d)(1) of such Act (42 U.S.C. 

15 402(d)(1)) is amended by adding at the end the 

16 following new sentence: ‘‘Under regulations of 

17 the Commissioner of Social Security, the provi18 sions of section 223(d)(7) shall apply with re19 spect to benefits under this section (and deter20 minations of disability made for purposes of de21 terminations of entitlement to such benefits) in 

22 the same manner and to the same extent as 

23 such provisions apply with respect to benefits 

24 under section 223 (and determinations of disVerDate Nov 24 2008 19:42 Nov 07, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4054.IH H4054

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1 ability made for purposes of determinations of 

2 entitlement to benefits under section 223).’’. 

3 (B) WIDOW’S INSURANCE BENEFITS.— 

4 Section 202(e)(1) of such Act (42 U.S.C. 

5 402(e)(1)) is amended by adding at the end the 

6 following new sentence: ‘‘Under regulations of 

7 the Commissioner of Social Security, the provi8 sions of section 223(d)(7) shall apply with re9 spect to benefits under this section (and deter10 minations of disability made for purposes of de11 terminations of entitlement to such benefits) in 

12 the same manner and to the same extent as 

13 such provisions apply with respect to benefits 

14 under section 223 (and determinations of dis15 ability made for purposes of determinations of 

16 entitlement to benefits under section 223).’’. 

17 (C) WIDOWER’S INSURANCE BENEFITS.— 

18 Section 202(f)(1) of such Act (42 U.S.C. 

19 402(f)(1)) is amended by adding at the end the 

20 following new sentence: ‘‘Under regulations of 

21 the Commissioner of Social Security, the provi22 sions of section 223(d)(7) shall apply with re23 spect to benefits under this section (and deter24 minations of disability made for purposes of de25 terminations of entitlement to such benefits) in 


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1 the same manner and to the same extent as 

2 such provisions apply with respect to benefits 

3 under section 223 (and determinations of dis4 ability made for purposes of determinations of 

5 entitlement to benefits under section 223).’’. 

6 (b) DETERMINATIONS OF PERIODS OF DIS7 ABILITY.—Section 216(i) of such Act (42 U.S.C. 416(i)) 

8 is amended by adding at the end the following new para9 graph: 

10 ‘‘(3)(A) Notwithstanding paragraphs (1) and (2), any 

11 individual who has a service-connected disability rated by 

12 the Secretary of Veterans Affairs as total for purposes of 

13 benefits under chapter 11 of title 38, United States Code, 

14 and presents written certification of such rating deter15 mination to the Commissioner of Social Security shall be 

16 deemed to be under a disability (within the meaning of 

17 paragraph (1)) for each month— 

18 ‘‘(i) beginning with the month during which 

19 such certification is presented to the Commissioner, 

20 and 

21 ‘‘(ii) ending with the earlier of— 

22 ‘‘(I) any month during which certification 

23 is made to the Commissioner pursuant to sub24 paragraph (B) that such service-connected dis25 ability has ceased, or 


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1 ‘‘(II) any month during which the Commis2 sioner determines, subject to subparagraph (C), 

3 that such individual is able to engage in sub4 stantial gainful activity. 

5 ‘‘(B) In any case in which the Secretary of Veterans 

6 Affairs determines that an individual who has been deter7 mined by such Secretary to be totally disabled for pur8 poses of benefits under chapter 11 of title 38, United 

9 States Code, and with respect to whom a certification has 

10 been made to the Commissioner pursuant to subparagraph 

11 (A) that such individual has ceased to be so disabled, such 

12 Secretary shall promptly certify to the Commissioner such 

13 Secretary’s determination that such individual has ceased 

14 to be so disabled. 

15 ‘‘(C) Any determination by the Commissioner under 

16 subparagraph (A)(ii)(II) shall be made on the basis of evi17 dence of earnings, without consideration of any evidence 

18 of medical recovery. 

19 ‘‘(D) Nothing in this paragraph shall be construed 

20 to preclude a determination under this title that an indi21 vidual who is not deemed to be under a disability under 

22 subparagraph (A) is under a disability (within the mean23 ing of paragraph (1)). 

24 ‘‘(E) The Commissioner of Social Security and the 

25 Secretary of Veterans Affairs shall enter into such arVerDate Nov 24 2008 19:42 Nov 07, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4054.IH H4054

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1 rangements as are necessary and appropriate for purposes 

2 of carrying out the provisions of this paragraph.’’. 

3 SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED 

4 AS TOTAL BY THE SECRETARY OF VETERANS 

5 AFFAIRS AS DISABILITY FOR PURPOSES OF 

6 TITLE XVI OF THE SOCIAL SECURITY ACT. 

7 Section 1614(a)(3) of the Social Security Act (42 

8 U.S.C. 1382c(a)(3)) is amended by adding at the end the 

9 following: 

10 ‘‘(K) In making determinations with respect to dis11 ability under this title, the provisions of section 223(d)(7) 

12 shall apply in the same manner as they apply to deter13 minations of disability under title II.’’. 

14 SEC. 4. EFFECTIVE DATE. 

15 The amendments made by this Act shall apply with 

16 respect to determinations of disability in connection with 

17 applications for benefits or periods of disability filed or 

18 pending on or after the date of the enactment of this Act. 

Æ 


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