Veteran Disability Rating Parity Act

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. Short title This Act may be cited as the Veteran Disability Rating Parity Act 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) (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 (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 (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) 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) 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) 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) (4) (A) Notwithstanding paragraphs (1), (2), and (3), any individual who has a service-connected disability rated by the Secretary of Veterans Affairs as total for purposes of benefits under chapter 11 (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 (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. . 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) (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. . 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.

Summary: Veteran Disability Rating Parity Act This bill amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat service-connected disability rated and certified as total by the Department of Veterans Affairs as disability for purposes of the OASDI (including child's, widow's, and widower's benefits) and SSI programs.