II 

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. 

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’’. 


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1 SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY 

2 RATED AND CERTIFIED AS TOTAL BY THE 

3 SECRETARY OF VETERANS AFFAIRS AS DIS4 ABILITY FOR PURPOSES OF TITLE II OF THE 

5 SOCIAL SECURITY ACT. 

6 (a) DISABILITY FOR PURPOSES OF ENTITLEMENT TO

7 DISABILITY INSURANCE BENEFITS AND OTHER BENE8 FITS BASED ON DISABILITY.— 

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

10 Security Act (42 U.S.C. 423(d)) is amended by add11 ing at the end the following new paragraph: 

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

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

14 disability rated by the Secretary of Veterans Affairs as 

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

16 United States Code, and presents written certification of 

17 such rating determination to the Commissioner of Social 

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

19 the meaning of the preceding paragraphs of this sub20 section) for each month— 

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

22 such certification is presented to the Commissioner; 

23 and 

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

25 ‘‘(I) any month during which certification 

26 is made to the Commissioner pursuant to subVerDate Nov 24 2008 02:12 Nov 11, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2759.IS S2759

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1 paragraph (B) that such service-connected dis2 ability has ceased; or 

3 ‘‘(II) any month during which the Commis4 sioner determines, subject to subparagraph (C), 

5 that such individual is able to engage in sub6 stantial gainful activity. 

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

8 Affairs determines that an individual who has been deter9 mined by such Secretary to be totally disabled for pur10 poses of benefits under chapter 11 of title 38, United 

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

12 been made to the Commissioner pursuant to subparagraph 

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

14 Secretary shall promptly certify to the Commissioner such 

15 Secretary’s determination that such individual has ceased 

16 to be so disabled. 

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

18 subparagraph (A)(ii)(II) shall be made on the basis of evi19 dence of earnings, without consideration of any evidence 

20 of medical recovery. 

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

22 to preclude a determination under this title that an indi23 vidual who is not deemed to be under a disability under 

24 subparagraph (A) is under a disability (within the mean25 ing of the preceding paragraphs of this subsection). 


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

2 Secretary of Veterans Affairs shall enter into such ar3 rangements as are necessary and appropriate for purposes 

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

5 (2) OTHER BENEFITS BASED ON DISABILITY.— 

6 (A) CHILD’S INSURANCE BENEFITS.—Sec7 tion 202(d)(1) of such Act (42 U.S.C. 

8 402(d)(1)) is amended by adding at the end the 

9 following new sentence: ‘‘Under regulations of 

10 the Commissioner of Social Security, the provi11 sions of section 223(d)(7) shall apply with re12 spect to benefits under this section (and deter13 minations of disability made for purposes of de14 terminations of entitlement to such benefits) in 

15 the same manner and to the same extent as 

16 such provisions apply with respect to benefits 

17 under section 223 (and determinations of dis18 ability made for purposes of determinations of 

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

20 (B) WIDOW’S INSURANCE BENEFITS.— 

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

22 402(e)(1)) is amended by adding at the end the 

23 following new sentence: ‘‘Under regulations of 

24 the Commissioner of Social Security, the provi25 sions of section 223(d)(7) shall apply with reVerDate Nov 24 2008 01:44 Nov 11, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2759.IS S2759

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1 spect to benefits under this section (and deter2 minations of disability made for purposes of de3 terminations of entitlement to such benefits) in 

4 the same manner and to the same extent as 

5 such provisions apply with respect to benefits 

6 under section 223 (and determinations of dis7 ability made for purposes of determinations of 

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

9 (C) WIDOWER’S INSURANCE BENEFITS.— 

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

11 402(f)(1)) is amended by adding at the end the 

12 following new sentence: ‘‘Under regulations of 

13 the Commissioner of Social Security, the provi14 sions of section 223(d)(7) shall apply with re15 spect to benefits under this section (and deter16 minations of disability made for purposes of de17 terminations of entitlement to such benefits) in 

18 the same manner and to the same extent as 

19 such provisions apply with respect to benefits 

20 under section 223 (and determinations of dis21 ability made for purposes of determinations of 

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

23 (b) DETERMINATIONS OF PERIODS OF DIS24 ABILITY.—Section 216(i) of such Act (42 U.S.C. 416(i)) 


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1 is amended by adding at the end the following new para2 graph: 

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

4 individual who has a service-connected disability rated by 

5 the Secretary of Veterans Affairs as total for purposes of 

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

7 and presents written certification of such rating deter8 mination to the Commissioner of Social Security shall be 

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

10 paragraph (1)) for each month— 

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

12 such certification is presented to the Commissioner; 

13 and 

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

15 ‘‘(I) any month during which certification 

16 is made to the Commissioner pursuant to sub17 paragraph (B) that such service-connected dis18 ability has ceased; or 

19 ‘‘(II) any month during which the Commis20 sioner determines, subject to subparagraph (C), 

21 that such individual is able to engage in sub22 stantial gainful activity. 

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

24 Affairs determines that an individual who has been deter25 mined by such Secretary to be totally disabled for purVerDate Nov 24 2008 01:44 Nov 11, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2759.IS S2759

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1 poses of benefits under chapter 11 of title 38, United 

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

3 been made to the Commissioner pursuant to subparagraph 

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

5 Secretary shall promptly certify to the Commissioner such 

6 Secretary’s determination that such individual has ceased 

7 to be so disabled. 

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

9 subparagraph (A)(ii)(II) shall be made on the basis of evi10 dence of earnings, without consideration of any evidence 

11 of medical recovery. 

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

13 to preclude a determination under this title that an indi14 vidual who is not deemed to be under a disability under 

15 subparagraph (A) is under a disability (within the mean16 ing of paragraph (1)). 

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

18 Secretary of Veterans Affairs shall enter into such ar19 rangements as are necessary and appropriate for purposes 

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


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1 SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED 

2 AS TOTAL BY THE SECRETARY OF VETERANS 

3 AFFAIRS AS DISABILITY FOR PURPOSES OF 

4 TITLE XVI OF THE SOCIAL SECURITY ACT. 

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

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

7 following: 

8 ‘‘(K) In making determinations with respect to dis9 ability under this title, the provisions of section 223(d)(7) 

10 shall apply in the same manner as they apply to deter11 minations of disability under title II.’’. 

12 SEC. 4. EFFECTIVE DATE. 

13 The amendments made by this Act shall apply with 

14 respect to determinations of disability in connection with 

15 applications for benefits or periods of disability filed or 

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

Æ 


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