April 24, 2006
Push to cut Benefits for Vets who get VA and Social Security
Compensation
Vets’ Commission Chair, General Terry Scott wants to study if vets should
get VA compensation and Social Security disability at the same time with the aim
of reducing benefits. In an unconstitutional move, he asks Congress to interpret
its own law so he would have the power to launch study.
by Larry Scott
http://www.opednews.com/articles/opedne_larry_sc_060424_push_to_cut_benefits.htm
The next step in dismantling veterans’ benefits could be a payment reduction,
known as an offset, for veterans receiving disability compensation and Social
Security.
The Veterans’ Disability Benefits Commission (VDBC) was established by Public
Law 108-136 and signed into being by President Bush in November 2003. The VDBC’s
charter states they are to study “whether a veteran’s disability or death should
be compensated” and at what level if any.
Since the VDBC was first established it was obvious to veterans and veterans’
service organizations (VSOs) that the Commission had one thing in mind and that
was cutting veterans’ benefits. The VDBC is made up of 13 political appointees.
Four were appointed by Democratic Members of Congress, four more by Republican
Members and the other five by President Bush. The VDBC is truly a 9-4
politically-stacked deck even though they like to refer to themselves as
bipartisan. The legality of the VDBC has been questioned by some VSOs.
As the VDBC’s meetings progressed, veterans began to notice a “secretive”
quality to the workings of the Commission. Last fall the VDBC issued a list of
questions they would study. They asked for input and gave veterans just a few
days, over a Holiday weekend, to respond. The questions signaled the direction
of the VDBC. One question was: “Does the disability benefit provided affect a
veteran’s incentive to work?”
Now, “secretive” has taken on a new meaning. In a recent editorial written by
Arthur H. Wilson, National Adjutant for the Disabled American Veterans (DAV) we
find: “Optimism was in short supply at the Commission’s March 16-17 meeting as
some of its members maneuvered to authorize collecting data about Social
Security Disability Insurance (SSDI) benefits paid to veterans who also receive
VA disability compensation. That was done with a view toward an offset
[reduction] of disability insurance if the veteran receives disability
compensation from the VA.”
Wilson continues: “A move to sidestep proper procedures and hold a secret ballot
on the matter was postponed, but the issue is expected to resurface at the
commission’s meeting in May. If so, it could lay the groundwork for cutting or
eliminating veterans’ benefits as a way of saving the government money. The idea
that disability compensation is some kind of income security or welfare program
cheapens the service and sacrifice of disabled veterans. That kind of thinking
might also open the door to cutting off VA compensation when a disabled veteran
becomes eligible for Social Security retirement benefits. Veterans’ benefits are
separate and distinct from Social Security, so receiving payments under both
programs is not dual compensation for the same disability, as some have tried to
argue.”
It appears the VDBC is about evenly split on the idea of studying the SSDI
issue. But the Chairman, retired Army Lt. General Terry Scott, is adamant about
getting this on the agenda and wants the power to move forward. And, he wants
the help of Congress to push his agenda. Scott has taken the liberty of writing
to Congress asking them to interpret their own law that established the VDBC.
This presents a problem. It is unconstitutional for Congress to interpret its
own laws. Congress passes laws and the courts interpret them. But, this hasn’t
stopped General Scott.
In an email to the House and Senate Armed Services and Veterans’ Affairs
Committees, General Scott writes: “Some Commissioners believe that this charge
[the VDBC’s charter] should be interpreted broadly to mean all related benefits
received by disabled veterans under the laws of the United States to include…SSDI
payments…the Chairman would appreciate clarification of the intent of Congress
in writing or in person during the next Commission public meeting May 19, 2006”
General Scott’s unconstitutional request has raised major concerns among the
VSOs. Christopher J. Clay, General Counsel for the DAV, has written to the four
Chairmen involved. In part, Clay’s letter states: “…[General Scott’s] request,
if honored…would violate one of the fundamental principles which have guided the
government of the United States for more than 200 years. That principle is the
separation of powers…Congress exercises the sole power to enact laws while the
Judicial and Executive Branches have the power to say what those laws
mean…neither a committee of either the House or Senate nor the full Congress may
interpret a statute after it is enacted, without passing a new law…The DAV is
unaware of any precedent for the congressional interpretations requested by the
Commission Chairman. If the Committee responds to the Chairman’s inquiry, it
will set a precedent that the courts are no longer the sole arbiters of disputes
over our laws.”
Now, veterans play the waiting game. Will any of the four Congressional
Committees respond to General Scott’s request and interpret their own law? Will
General Scott get enough votes from VDBC members to push ahead with his idea to
study a Social Security offset (reduction) for veterans’ disability
compensation? We will know by May 19.
But, what we don’t have to wait for is the fact that General Terry Scott and
other members of the VDBC want to cut veterans’ benefits and will try to hold
secret votes and try to get Congress to, unconstitutionally, interpret its own
laws.
General Scott must be reminded that veterans’ disability compensation is not
welfare. It is not to be confused with welfare. It is not to be confused with
any other sort of compensation. Veterans receive disability compensation because
they earned it. Many earned it on the field of battle. They don’t deserve to
lose it in a Commission hearing.
http://www.vawatchdog.org
Larry Scott ( larrys@vawatchdog.org
)served four years in the U.S. Army with overseas tours as a Broadcast
Journalist in Korea and the Azores and a stateside tour as a Broadcast
Journalism Instructor at the Defense Information School (DINFOS). He was awarded
DOD's First Place Thomas Jefferson Award for Excellence in Journalism. After the
Army, Larry was a news anchor on WNBC Radio in New York City. He receives VA
compensation for a service-connected disability. Larry is a regular on the Thom
Hartmann show on Air America Radio. Today, Larry resides in Southwest Washington
and operates the website VA Watchdog dot Org.