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October 8, 2009
At Congressional Hearing Congressman Higgins Advocates for Bill to Fix Measure that Slights New York Veterans
In Testimony Higgins Pushes for Passage of the Veterans Pensions Protection Act
 
This morning Congressman Brian Higgins (NY-27) gave testimony at the Veterans Affairs Subcommittee on Disability Assistance & Memorial Affairs urging changes which would prevent the Department of Veterans Affairs (VA) from taking money that states give to veterans out of federal veterans’ pensions.  

“A system that takes away from our veterans rather than help them is obviously broken,” said Congressman Higgins.  “Approval of the Veterans Pensions Protection act is the right thing for the fine men and women who served this great nation and repairs a provision that discourages state and local governments from providing additional benefits to our country’s bravest.”

New York State provides blind veterans with a ‘Blind Veteran Annuity’ of $1,173.84 per year.  Massachusetts, Pennsylvania and New Jersey have similar programs.  Veterans that receive both this annuity and a VA pension have their pension offset by the amount of the annuity.  Congressman Higgins encouraged approval of the Veterans Pensions Protection Act (H.R. 3485), a bill he introduced, which would stop the VA from offsetting veterans’ pensions due to the Blind Veteran Annuity or other benefits offered state and local governments.  The New York State annuity currently aids 4,484 blind veterans.

Congressman Higgins made the following remarks during the hearing (video):

From the founding of our country after the Revolutionary War, our government has provided benefits to American veterans to thank them for their service.  

Unfortunately, despite Congress’ intentions to provide benefits for those who have served our country, current law unintentionally shortchanges some of our most vulnerable combat veterans.

New York, Massachusetts, Pennsylvania, and New Jersey provide an annuity to blind veterans to help them cope with the difficulties that come with blindness; however, the Department of Veterans Affairs counts this annuity as income and offsets veteran’s pension benefits by an amount equal to the annuity.  I believe this is unfair.

It is true that this is a small program - in New York State the annuity aids 4,484 blind veterans and costs $5.7 million per year - but that does not make this offset any less unjust.  Our veterans should not have their benefits reduced because the State of New York has chosen to provide additional assistance.  This offset is both a drain on State funds and an insult to the disabled veterans.

The offset of the Blind Veterans Annuity reveals what I believe to be unintentional, yet consequential flaws in how veterans’ benefits are provided.

First – the current system favors non-combat veterans over combat veterans.

The Veterans Pension Program is restricted to low income elderly or disabled veterans who have served in combat.  Non-combat veterans, along with other low income elderly or disabled Americans qualify for Supplemental Security Income (SSI).  The Veterans Pension is more generous than the civilian alternative because it is intended to reward combat veterans for their service; however, differences in the two program’s rules have effectively made it so that some non-combat veterans are treated more favorable than combat veterans.

The 110th Congress passed P.L. 110-245, which allowed non-combat veterans to receive benefits from state and local governments without an offset.  This bill was considered by the Ways and Means Committee and did not address Veterans Pension offsets, which is the jurisdiction of the Committee on Veterans Affairs.  Until the offset by the Department of Veterans Affairs is addressed, the law will continue to effectively favor non-combat veterans over low income elderly or disabled combat veterans.

I would also like to point out that under current law, a private foundation can offer the exact same benefit as the Blind Veterans Annuity without any negative effect on a veteran’s pension; however, if a state and local government offers these benefits, they are offset.  This inequality discourages states from providing aid to low income veterans.

We should be encouraging States and local governments to help veterans and that is why I introduced H.R. 3485, the Veterans Pensions Protection Act.  This bill would allow combat veterans to receive the same benefit that non-combat veterans were able to receive with the passage of P.L. 110-245 in the 110th Congress – it would allow States and local governments to offer benefits to veterans without negatively effecting the payment of benefits under the Veterans’ Pension program.  

The immediate impact of this legislation in the States of New York, New Jersey, Massachusetts, and Pennsylvania would be to allow state benefits for blind veterans to fully benefit all recipients without being offset by the Department of Veterans Affairs.  These annuities are clearly meant as a “gift” to help prevent blind veterans from falling into poverty and in appreciation for there service to our nation.  These should not be considered additional income by the Department of Veterans Affairs, but instead a special disability benefit for their service to our grateful nation.  This penalty should be removed.

I would like to thank Chairman Hall for his support of the Veterans Pensions Protection Act and his continued commitment to helping veterans in New York State and across the country.  I would also like to thank Congressmen Joe Crowley, Maurice Hinchey, and Chris Lee who have cosponsored this legislation and who have been leaders in the effort to improve the lives of American veterans.

Finally, I would like to thank the Tom Zampieri  and the Blinded Veterans Association for brining this issue to my attention and for their support for the Veterans Pensions Protection Act.

Congressman Lee has written testimony in support of this legislation, and I ask that it be submitted for the record.  

Thank you for your time.
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