Social Security Disability Insurance (SSDI) and the Veterans Administration (VA) Disability Rating – Process Overhaul

ISSUE:          

1. The process a Veteran has to go through for Social Security Disability Insurance (SSDI) consideration is broken. There is a process disconnect between the Veterans Administration (VA) and SSDI that has a direct adverse effect on a Veteran.

2. A secondary effect of the lack of collaboration is SSDI processing time is taking upwards of 2-years. At issue is the unnecessary red tape and bureaucratic roadblocks that simply do not make sense. Often times this delay in processing is too late for the Veteran.

3. For purposes of narrowing the scope of this proposed modification to the current process, we would first look to those Veterans with Service-Connected (SC) disability in receipt of Individual Unemployability (IU) or 100% Permanent or Total (P or T) disability benefits from the VA.

DESIRED OUTCOME:

It is VETLANTA’s intent to increase efficiency and streamline operations between the VA and SSDI by overhauling the process. Specifically, we advocate that when a Veteran is awarded a VA disability rating of IU or 100% P or T, they should automatically qualify for SSDI and the process centered around medical review (physical and mental) is done using the already completed VA medical review.

These revisions are in-line with those done between the military services and the VA for medical records.

The inherent delays caused by the lack of an optimized process is causing financial hardship, loss of homes which could lead to homelessness of these Veterans and their families.

DISCUSSION:       The process as it stands today is as follows…when a Veteran is predetermined by the VA to have a SC disability caused by active duty service and the rating is determined to be 70% or greater, there are delays of up to 2-years for approval of SSDI. Medical records from the VA are rarely, if ever, reviewed causing the Veteran to go back through a medical evaluation which further delays the entire process.

        By the numbers, per the VA, there are approximately 769,958 Veterans that are 100% SC rated as Permanent & Total and there are approximately 373,859 receiving IU.

This is not this first time an issue similar to this has occurred. In the recent past, the transferring of medical records from our service members to the VA was primarily done when the service member handed over their records. There was no such thing as an automated transfer of files from the services directly to the VA. The process was slow and often times the Veterans got caught up in the bureaucracy and there were substantial delays in the VA rating awarded to the Veteran. The reverse is also true. SSA has rated Veterans for 100% SSDI yet the VA fights the Veteran for any SC disability compensation when that happens.

Fortunately for all those service members in recent years have their medical records automatically transmitted or moved from the National Personnel Records Center (NPRC) to the VA when the service member files for a VA disability. It is seamless process and works very well.

RECOMMENDATION:

1.      It is VETLANTA’s position that this process as it stands today must be streamlined and warrants change. The changes we are suggesting are completely within the realm of possibility when you consider what has already been accomplished with medical records for our service members that file a disability claim with the VA.

2.      Recommend the following:

a.     Suggest a two-step process:

        i.     Short term: Establish an Interagency Agreement at the Secretary level that allows the VA to share complete medical records for a Veteran submitting a claim for SSDI to the SSA that has a Service-Connected disability of IU or 100% P&T disability benefits.

        ii.     Long term: Finding a champion in Congress willing to initiate legislative action to change the laws that allow for the sharing of medical records from the VA to the SSA specifically for SSDI awards, despite what type of rating the Veteran may have from the VA. Further, for those Veterans that are classified as IU or 100% P&T disabled, award of SSDI is done automatically.

b.     Taking into consideration the next level of impacted Veterans with respect to VA disability ratings, create and optimize the linkage between VBA and SSA when it comes to claims for SSDI from Veterans that have SC VA Disability rating of 70% or higher.

         i.     Specifically, create a process where the rating that the VA gives a SC disabled Veteran should play a major role in how the Veteran is rated by for SSDI.

         ii.     All medical records (physical and mental) on the Veteran to include the records used to determine a VA SC Disability rating will be used by the SSA. The file should contain all VA medical data and the VA disability compensation letter indicating the SC disability rating as part of the filing package. If any further medical evaluation is to be conducted, it should be minimal at best. This measure is a major resource saving step as well as making the entire process move more efficiently.

         iii.     As part of this new process, if a Veteran ends up receiving SSDI, it should not have any adverse impact of the veterans VA SC Disability payments or rating.

         iv.     Expand the interview process by SSA to ask about issues that the Veteran is experiencing with his/her condition that are not yes/no answers.

          v.     Develop a hot line for Veterans to get answers to questions with respect to these types of claims.

          vi.     Propose Georgia Congressional District 11 is used as a pilot program.

3.      Oversight. Information should be tracked with normal VA and SSA reporting processes. Quarterly standardized reporting and collaboration on issues is highly advised in the short term while the process is being initially implemented.

4.      Financial. Process improvements will improve not only the Veteran experience with the VA as well as the SSA but it will have a direct positive impact on the financial well-being and stability of the Veteran and his/her family. It will reduce, across both agencies, manpower and processing requirements. There is absolutely no reason that one government agency does not collaborate and utilize another government agency when the end result is a more efficient process, takes care of our Veterans and is not wasting scarce resources.

Point of contact for this White paper is:

Jim Lindenmayer, [email protected], VETLANTA Housing Pillar Lead,

John W. Phillips, Vice President, VETLANTA, [email protected]