Skip to main content

VETERANS AND SOCIAL SECURITY DISABILITY

 Disabled veterans may receive both VA and Social Security benefits.  The two agencies have different rules for evaluating disability, however.

Veterans with a 100 percent VA disability rating will qualify for expedited processing at Social Security.  This may cut the wait time from a year or more to a few months.

Unlike the Veterans Administration, Social Security does not award benefits for partial disability.  With SSDI, it's all or none.

A veteran who has a 100 percent disability rating with the VA can be denied benefits by Social Security.  This is because Social Security has such a strict definition of disability.

Disability with Social Security means that the claimant cannot work at any full-time job.  More technically, SSDI requires a severe impairment which will last for at least 12 consecutive months or end in death, resulting in the claimant's inability to work.

There are no restrictions on working while receiving VA disability.  However, a Social Security recipient who works and earns at least $1,470 per month (in 2023) will lose SSDI benefits because of working.  So, a person getting SSDI benefits may work part-time, earning less than $1,470 per month--but may not work full-time or earn $1,470 or more per month.

Getting Social Security benefits will not reduce the VA benefit.  Disabled veterans may get full SSDI and full VA benefits at the same time.

Social Security eligibility rules are much different from those of the Veterans Administration.  Veterans applying for Social Security disability may want to appoint an experienced advocate or attorney to guide them through the process.

 With the proximity of Redstone Arsenal, the Forsythe Firm has had the privilege of working with many veterans over the years.  We would consider it an honor to provide a free consultation and case evaluation.


Comments

Post a Comment

Popular posts from this blog

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...
Post a Comment
Read more

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...
Post a Comment
Read more