I 
111TH CONGRESS 
1ST SESSION H. R. 4054 
To amend titles II and XVI of the Social Security Act to provide for treat-
ment of disability rated and certified as total by the Secretary of Vet-
erans 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 Massachu-
setts, 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. BART-
LETT, 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Benefit Rating Accel-
eration 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 DIS-
ABILITY FOR PURPOSES OF TITLE II OF THE 
SOCIAL SECURITY ACT. 
(a) DISABILITY FOR PURPOSES OF ENTITLEMENT TO 
DISABILITY INSURANCE BENEFITS AND OTHER BENE-
FITS BASED ON DISABILITY.— 
(1) IN GENERAL.—Section 223(d) of the Social 
Security Act (42 U.S.C. 423(d)) is amended by add-
ing 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 sub-
section) for each month— 
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‘‘(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 sub-
paragraph (B) that such service-connected dis-
ability has ceased, or 
‘‘(II) any month during which the Commis-
sioner determines, subject to subparagraph (C), 
that such individual is able to engage in sub-
stantial gainful activity. 
‘‘(B) In any case in which the Secretary of Veterans 
Affairs determines that an individual who has been deter-
mined by such Secretary to be totally disabled for pur-
poses 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 evi-
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dence 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 indi-
vidual who is not deemed to be under a disability under 
subparagraph (A) is under a disability (within the mean-
ing of the preceding paragraphs of this subsection). 
‘‘(E) The Commissioner of Social Security and the 
Secretary of Veterans Affairs shall enter into such ar-
rangements 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.—Sec-
tion 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 provi-
sions of section 223(d)(7) shall apply with re-
spect to benefits under this section (and deter-
minations of disability made for purposes of de-
terminations 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 dis-
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ability 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 provi-
sions of section 223(d)(7) shall apply with re-
spect to benefits under this section (and deter-
minations of disability made for purposes of de-
terminations 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 dis-
ability 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 provi-
sions of section 223(d)(7) shall apply with re-
spect to benefits under this section (and deter-
minations of disability made for purposes of de-
terminations of entitlement to such benefits) in 
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the same manner and to the same extent as 
such provisions apply with respect to benefits 
under section 223 (and determinations of dis-
ability made for purposes of determinations of 
entitlement to benefits under section 223).’’. 
(b) 
DETERMINATIONS
OF
PERIODS
OF
DIS-
ABILITY.—Section 216(i) of such Act (42 U.S.C. 416(i)) 
is amended by adding at the end the following new para-
graph: 
‘‘(3)(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 deter-
mination 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 sub-
paragraph (B) that such service-connected dis-
ability has ceased, or 
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‘‘(II) any month during which the Commis-
sioner determines, subject to subparagraph (C), 
that such individual is able to engage in sub-
stantial gainful activity. 
‘‘(B) In any case in which the Secretary of Veterans 
Affairs determines that an individual who has been deter-
mined by such Secretary to be totally disabled for pur-
poses 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 evi-
dence 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 indi-
vidual who is not deemed to be under a disability under 
subparagraph (A) is under a disability (within the mean-
ing of paragraph (1)). 
‘‘(E) The Commissioner of Social Security and the 
Secretary of Veterans Affairs shall enter into such ar-
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rangements 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 dis-
ability under this title, the provisions of section 223(d)(7) 
shall apply in the same manner as they apply to deter-
minations 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. 
Æ 
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