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100 P&t Ptsd Denied Ssdi

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Are Ssd Benefits Available For Veterans With Ptsd

100 P& T VA Disability Rating: Is This Considered A Protected VA Disability Rating?

Furthermore, if you are suffering from PTSD, you will want to know how you can receive compensation for your suffering. Similarly, it should account for your service. Unfortunately, this can be a complicated process involving different government agencies.

As a result, Social Security Disability Insurance is a federal program intended to supplement the income of citizens who are physically incapable of normal employment. In addition, there are also benefits for veterans suffering from PTSD that are available through the U.S. Department of Veterans Affairs .

Veterans Eligibility For Ssdi

SSDI benefits are available for both veterans and other workers. They are calculated based on work credits accumulated throughout the veterans or other workers working life. However, SSDI is only awarded to people who qualify as totally and permanently disabled . The disabled veteran needs to check to see if their condition meets the requirements for SSDI. This can be found in the Blue Book compiled by the SSA.

This book contains a list of all conditions and the requirements needed in order to qualify for disability benefits. Most veterans who qualify for SSDI have their claim fast tracked as a reward for the time they have sacrificed representing their country.

A veterans claim for SSDI does not affect their VA benefits and each benefit is applied for separately. Any veteran who has paid Social Security taxes may apply for SSDI independently of VA benefits. You need to have accumulated 40 work credits and 20 of those need to have been earned in the last 10 years leading up to the date you were diagnosed with your disability.

Social Security Disability Benefits

The Social Security Administration offers two main types of disability benefits: Social Security Disability Insurance Benefits and Supplemental Security Income . SSDI is based on the credits from the work you have done in your life while SSI is a need based program.

You must be found disabled under SSAs Five Step Sequential Evaluation before you are entitled to either benefit. The SSA pays benefits if you are unable to engage in substantial gainful activity due to your medical impairments. In other words, working can stop you from receiving benefits. There are no percentages of disability or ratings used for SSA disability.

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One Call To Our Law Firm Does It All

The relationship between the VA and SSA, and the types of disability benefits they provide can become complex. At Marc Whitehead & Associates, we take care of everything for you.

Our experienced disability attorneys will help you fill out forms and paperwork, supplement your claims with additional key records and supporting evidence, coordinate with doctors and more, to successfully present your claim and obtain the maximum appropriate benefits that are rightfully yours.

Come to us when you need help:

  • developing and proving your veterans claim for PTSD,
  • improving your VA rating,
  • applying for possible Social Security Disability Insurance in addition to or as an alternative to your veterans disability,
  • qualifying for a medical vocational allowance, or
  • appealing a VA or SSDI claim denial.

Do not wait any longer. Call us toll free at or request a Free Consultation to find out how we can help. PTSD is a serious disability, and we are prepared to assist you wherever you live.

Marc Whitehead & Associates are Accredited Veterans Claim Attorneys as required to practice law before the VA. We represent veterans at all levels within the VA disability system including claims before the VA Regional Office, the Board of Veterans Appeals and the U.S. Court of Appeals for Veterans Claims.

About Marc Whitehead

What Is Ssdi And Who Qualifies

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Social Security Disability Insurance is a tax-funded federal insurance program to provide monthly compensation to people who are disabled and cant work. Workers and their employers pay into the fund. The Social Security Administration manages it.

SSDI benefits differ from Supplemental Security Income . SSDI benefits are for people who have worked and earned enough work credits. SSI benefits are for people with low-income and disabilities who are unable to work.

SSI is awarded when you are no longer insured during your application period. The receipt of SSI is dependent upon how much income you have, so your receipt of VA compensation benefits at the same time may affect your eligibility for SSI, said Lori Underwood, a VA-certified disability benefits lawyer.

If you are receiving VA benefits above the accepted level through the Social Security Administration, its possible that you will lose your SSI benefits eventually. However, it is in your best interest to pursue VA compensation benefits. VA total disability or individual unemployability rating pays more than your SSI benefits.

To be eligible for Social Security benefits, you must have been employed in a job covered by Social Security and have those earning deductions on your record. The amount you receive depends on how much Social Security was deducted from your earnings and how old you are when you draw Social Security.

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Veterans Affairs 100 Permanentand Total Disability Benefits

A Veteran with a 100 percent disability rating and no dependents will receive approximately $3,300 a month from the VA, based on VA compensation rates for 2022. A 100 percent disabled Veteran may receive additional amounts of compensation for a spouse, dependent children or parents. Find your benefits based on your rating using our free calculator.

Ssas Purpose Is Different From Va

SSA is looking for problems with your capacity to work. It follows a five-step process to decide if you cannot work, and therefore would qualify for disability benefits.

SSA does not require a veterans PTSD or other impairment to be linked to military service or discharge status.

There are no rating percentages of disability. Basically, under SSAs all-or-nothing definition of disability, you no longer have the capacity to work for at least one year, or until death.

Conversely, the objective of VA compensation is to pay veterans who suffered disabling physical and mental health conditions while serving in the military, on a graduated scale, based on the degree of the veterans disability. You can be partially disabled and still receive disability under the VA.

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How To Know If Your Ptsd Rating Is Permanent

VA should automatically consider whether a veterans PTSD qualifies for permanent and total status when adjudicating their claim. If VA has awarded P& T status for your PTSD it will most likely be indicated in the rating decision letter.

In some rating decision letters, there is a permanent and total box that will be checked if your 100 percent post-traumatic stress disorder rating is permanent. In others, there may be language like Eligibility to Dependents Chapter 35 DEA / CHAMPVA are established or no future exams are scheduled both of which indicate permanence. The exact language may vary depending on the VA Regional Office.

How Does Social Security Decide How Much To Pay Me

100% Disabled Rating from the VA. Easy Social Security Disability Win?

Social Security calculates your monthly benefit based upon your earnings history in both civilian and military occupations. This is much different from VA disability compensation, where you are paid based on how severe your disability is. Social Security does not evaluate the severity of your disability, but simply makes a determination about whether your disability prevents you from working. If Social Security decides you can’t work, then it uses a complicated formula to calculate your monthly benefit. Social Security does not use a ratings system like the VA does.

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Getting Your Ssdi Application Started

You can actually complete the entire SSDI application online, although if you prefer to speak with a Social Security representative, you can always schedule an appointment at your closest SSA office by calling 1-800-772-1213 toll-free. Once youre approved for SSDI benefits, your family will have additional income to spend on daily needs and adjusting to civilian life.

This article was written by the Outreach Team at Disability Benefits Help. They provide information about disability benefits and the application process. To learn more, please visit their website at or by contacting them at help@ssd-help.org.

Tips For Applying For Social Security Disability And Va Benefits As A Disabled Veteran

  • First of all eligibility for VA disability benefits are not based on income.
  • You may qualify to receive both VA disability benefits and Social Security disability insurance together.
  • If you believe you are eligible for VA benefits you must provide evidence that shows your disability is due to your time serving in the military. The amount you get paid will depend on the extent of your disability.
  • SSDI benefits are a Social Security Administration benefit, not directly linked to VA. The veteran has to show proof that s/he has a condition that is either physical or mental that affects their ability to do a job that pays more than $1,350/month and that the disability has or is expected to continue for at least 12 months.
  • If VA benefits are more than $1,350 per month the veteran may not be eligible for SSDI benefits.
  • There is a link between qualifying for VA benefits and SSA benefits and that is the process for applying for either SSDI or SSI can be prioritized if the veteran has a Veteran rated 100% P& T when beginning the application process for SSI/SSDI. The veteran should include the VA rating notification letter in the application forwarded to the SSA.
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    How Is The Social Security Disability System Different From The Va System

    Primarily, the SSA system is different from the VA system in that there are no percentages of disability. While the veterans disability system allows the VA to conclude that a vet is 10% or 40% or 100% disabled and then receive benefits based on that determination, in the Social Security system, it is all or nothing. In addition, the definition of disability used by the Social Security system stipulates that your condition must last or be expected to last for at least one year or to result in death. For more information, see Attorney Joel Ban’s article on the differences between Social Security and Veterans disability benefits.

    How Ssdi And Va Disability Compensation Differ

     What Percent Va Disability Is Ptsd

    Qualification

    You may qualify for VA disability compensation if you were injured or developed a physical or mental illness during your service or if a preexisting condition got worse as the result of your time in the military.

    The SSA is not concerned with how you became ill or injured rather, qualification for SSDI is based on your work history: You must have spent a certain period of time in covered employment meaning jobs or self-employment in which you paid Social Security taxes.

    Medical eligibility

    Social Security bases eligibility for disability benefits on whether your condition is severe enough to prevent you from doing most paid work for at least a year or is likely to result in your death. By the SSA’s lights, you are either disabled or you’re not.

    If you developed multiple disabilities from your service, the VA has a complicated formula for combining them into a single rating. It’s possible to get a 100 percent disability rating by having multiple conditions, even if none is totally disabling by itself. You also can have a 100 rating that’s total but not permanent, if the VA expects your condition will eventually improve.

    Benefits

    With SSDI, the amount of your monthly benefit is based on your lifetime average earnings in covered work. There is no sliding scale based on the severity of your condition again, in the eyes of the SSA, you are either disabled or you’re not. The average SSDI benefit in April 2022 was $1,361 a month.

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    Va Disability Claim Forms Specific To Ptsd

    VA has separate forms to fill out and submit in a PTSD claim for disability benefits, and are available on VAs website:

    • VA Form 21-0781 Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder

    Or, to claim PTSD disability on the basis of a personal assault, submit the following:

    • VA Form 21-0781a Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder Secondary to Personal Assault

    Ptsd Is A Disability Under Ssas Medical Vocational Allowance

    Our work often enables veterans to obtain a medical-vocational allowance under the SSA benefits program. If you were denied SSDI benefits because you did not meet the criteria under SSAs medical listing for PTSD, you may still qualify for MVA if you can show a limited Residual Functional Capacity .

    Your RFC is what you can still do within the limitations imposed by PTSD. We help present the strongest claim possible to demonstrate your impairment is grave enough to prevent you from working and earning substantial and gainful income, when also assessed from the standpoint of functional limitations, past work experience, age, transferrable skills, and other factors Social Security uses to measure whether you qualify for Medical Vocational Allowance.

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    Does Ptsd Qualify For Disability Benefits

    Many people think of physical conditions when they hear the word disability. But the truth is that there are a number of disabling mental health conditions as well, including post-traumatic stress disorder .

    PTSD is a serious mental disorder that can develop after someone experiences or witnesses some type of trauma such as war, sexual assault, a natural disaster, or a catastrophic accident. This mental health condition can affect every aspect of your life, including your personal relationships, career, and ability to perform daily routine tasks.

    Theres no doubt that PTSD is a serious condition, but does it qualify for Social Security Disability Insurance benefits? If you are suffering from PTSD, its in your best interest to speak to an experienced Tampa Social Security disability attorney about your case. Every disability case is unique, so theres no way to know for sure if you will qualify for benefits without speaking to an attorney. But in general, heres what you need to know about qualifying for SSDI benefits for PTSD:

    How Disabled Veterans Can Start The Social Security Disability Application

    How to Upgrade Your 100% VA Rating To 100% P& T

    SSDI applications can be started whenever you are ready by visiting the SSAs main website. Here, you can also find FAQs and paperwork lists to assist you during the process.

    Aside from normal medical and financial papers, beside to have the following prepared before applying:

    • Proof of military pay or workers compensation
    • Any military medical records that support your disability

    If you require assistance filling out your application, you may want to consider a free consultation with a disability attorney.

    Their experience can further simplify the process by organizing paperwork, keeping in contact with the SSA, and helping fight on your behalf to get you the benefits you deserve.

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    The Process As It Stands Today Is As Followswhen 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

    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 to the VA when the service member files for a VA disability. It is seamless process and works very well.

    Will I Automatically Get Social Security Disability Since I Get Va Disability Compensation

    Many vets think that qualifying for VA disability benefits automatically makes them eligible for Social Security disability benefits. However, the two programs define disability quite differently and have different application processes, so just because you get VA service-connected compensation or VA pension doesn’t mean you’ll be approved for Social Security disability.

    As of March 27, 2017, Social Security no longer needs to give any weight to a VA finding of disability, although the agency will consider any medical evidence shared by the VA. In the past, Social Security would generally give a substantial amount of weight to a VA approval of benefits if the VA had rated you 100% disabled or totally disabled due to being unemployable.

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    Ssi/ssdi And Va Disability Benefits

    Veterans may be eligible for Supplemental Security Income or Social Security Disability Insurance , in conjunction with, or as an alternative to VA disability payments. They may also use the Medicaid and Medicare health benefits that come with SSI/SSDI to supplement VA health services.

    The definition of disability and application process is different for SSA and VA disability benefits, and Veterans may begin receiving SSA benefits while they are waiting on a VA benefit decision.

    How Long Will It Take To Receive Ssd Benefits For Veterans With Ptsd

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    Given that, it can take several months to a year for benefits to kick in once an application is submitted. Yet, a veteran may receive a lump-sum retroactive payment for the time between the onset of PTSD and the receipt of benefits, up to one year. Either way, any veteran who served on or after Oct. 1, 2001, is eligible to have his or her application expedited. While this is supposed to happen automatically, an applicant may need to inform the SSA of his or her eligibility.

    Also, another factor in the SSDI application might be a disability ruling by the VA. As a result, if the VA has determined that you suffer a 100% permanent and total disability as a result of your PTSD, this might also expedite the process. However, a P& T rating does not guarantee you will be approved for SSDI benefits.

    Attorneys from the Disability Advantage Group have experience helping disabled veterans across the nation secure the benefits they deserve. Above all, if you suffer from PTSD as a result of traumas related to your military service, you deserve to be compensated. Call today to arrange a consultation.

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