Thursday, June 16, 2022

Can You Get Social Security Disability And Va Disability

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Social Security And Disability Eligibility

Veterans Administration Disability and SSDI

Also known as Supplemental Security Income , you can receive Social Security retirement benefits as long as youre at least 62 years old and have at least 40 work credits. Work credits are earned when you pay Social Security taxes on income you earned from a job or from self-employment. Youll be eligible to earn these benefits at the early retirement age or the full retirement age. The full retirement age varies depending on when you were born. For instance, the full retirement age is 66 if you were born from 1943 to 1954, according to the Social Security Administration . Full retirement age is 67 for anyone born after 1960, but you can opt for early retirement benefits at age 62.

For disability, the age requirements are quite different.; You only need to be at least 18 years of age to qualify, and SSA guidelines require you to prove that:

  • You cant do the work that youve done before
  • You cant adjust to other work because of your medical condition
  • Your disability has lasted or will last for at least one year or result in death

For example, if you are working in 2020 and making more than $1,260 a month, you wont be considered disabled.

Do Ssdi And Veteran Disability Benefits Affect Each Other

The short answer is no, military disability benefits should not affect your Social Security disability benefits, and vice versa.

In the past, receiving a high disability rating from the VA would improve your chances in your Social Security disability claim. VA disability ratings used to be a great factor in determining whether you were disabled under the eyes of the SSA. However, this stopped in 2017, when the SSA stated that they would no longer take into account whether you were VA-approved or not.

Likewise, being approved by the SSA does not carry much weight with the VA. Remember that the SSA does not look into whether your disability is service-connected or not, so a successful claim with this agency does not automatically mean good chances with the VA.

Although the SSA and the VA have two different and separate processes to determine your disability, they may likely use the same evidence in evaluating your claim. For instance, they will look into the same medical records surrounding your disability. In fact, the VA and the Department of Defense may share these records electronically with the SSA. The VA is likewise required to see your Social Security records in the process of assessing your disability.

In addition, your VA records may help you expedite your application with the SSA. This expedited process is typically granted to Wounded Warriors and vets with a disability rating of 100 percent.

Who Is Eligible To Receive Ssdi Benefits

To be eligible for SSDI benefits, you must meet three criteria. First, you must be unable to perform any significant work due to your medical condition. Second, your medical condition should be long-term, lasting for a minimum of one year. And third, you must apply for benefits and be approved by the Social Security Administration.

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Social Security Disability Benefits Guide For Veterans

Some veterans receiving VA disability benefits may qualify for Social Security disability as well. These are two separate benefits, awarded through the Department of Veterans Affairs and Social Security Administration respectively, so veterans will need to apply for each separately.;

The main difference between veterans disability and Social Security disability is that the VA grants benefits based on varying degrees of disability, while the SSA makes a determination as to whether a claimant is disabled or not. You either receive full Social Security benefits or not.;

Its also important to note that your VA disability compensation will count as income and potentially lower your Social Security payments.;

The attorneys at Hill & Ponton put together this guide for veterans seeking social security disability benefits in addition to their VA benefits.;

Were There When You Get Your First Job

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Every time you change jobs, your employer verifies your Social Security number with us. Doing so helps reduce fraud and improves the accuracy of your earnings records, ensuring you get the benefits you have earned.

Employers collect FICA, or Federal Insurance Contributions Act withholdings, and report earnings electronically to us. This is how we track your earnings and is how you earn Social Security retirement, disability, spouses, and survivors coverage for you and your family. A worker earns up to four Social Security credits each year and needs 40 credits, or 10 years of work, to qualify for retirement benefits. Its vital that you work at least 10 years to qualify for Social Security benefits to be based on your own work record.

Opening a free allows you to verify your earnings history and see if you will get Social Security retirement benefits. A secure also lets you estimate future benefits.

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How Much Can I Expect To Receive In Social Security Disability Benefits

If youre disabled, you may be eligible for Social Security Disability income benefits. You may want to know how much you can expect to receive in SSDI benefits. The amount of your monthly Social Security disability benefits depends on SSAs calculation of your average lifetime earnings prior to the time your disability began.

SSDI isnt based on the severity of a disability or your previous earned income as an employee. According to Social Security Administration , the average SSDI recipient earned USD 1,166 per month . The maximum SSDI monthly check is USD 2,639 per month .

If youre receiving disability income from private insurance or your employers group disability policy, the amount of your SSDI payment may be less.

Congress Changes The Law And Veterans Can Hire Attorneys

At the urging of veterans and veterans advocacy groups, the law preventing vets from hiring experienced attorneys was changed in 2007. Veterans could now hire qualified attorneys to represent them, and earlier in the process. In short, veterans had access to lawyers who really knew how to help them even in the most complex cases. This has dramatically increased the success rate of how many veterans are able to win their claims.

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Pending Decision Approval And Preparation For Notification

The RSVR reviews your VA disability claim again and then forwards it to a superior for another review. Another employee prepares a decision packet that explains the decision made by the Department of Veterans Affairs and mails it to your home address. The VA advises that current and former service members wait a week to 10 days after learning of the preparation for notification for it to arrive in the mail.;

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Pennsylvania Attorneys Who Stand Up For Veterans

What is the success rate of Disabled Veterans getting Social Security Disability approval?

If you have been denied the VA pension benefits you deserve, Martin Law has the experienced and skilled lawyers you need to create a compelling appeal. Our law firms staff of attorneys include;Frank J. Udinson, who the VA has certified as;veterans benefits specialist.

To secure a free consultation with one of our attorneys, call Martin Law at;. You can also;contact us online.

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What Happenswhen You Qualify For Both Retirement Pay & Disability Pay

If yourdisability rating with the VA is 50% or higher, you should qualify forConcurrent Retirement Disability Pay . If you receive CRDP, you will getyour full military retirement pay as well as your full VA Disability pay. Youwill not have a reduction to your military retirement pay.

If you havea 40% or lower, then you wont qualify for CRDP. However, if you do have aservice-connected disability you may qualify for Combat Related SpecialCompensation . If you have CRSC then it will act like the CRDP and youwont have a reduction to your military retirement pay.

If yourrating is 40% or lower and you do not have a combat related disability, thenyour pay will be deducted by the amount of VA service-connected disability payyou receive.

The Help Of A Professional

Bringing in a qualified VA disability lawyer at any point in the process is never a bad idea. A competent attorney knows all of the ins and out of the system. They can help to make sure that you get both the maximum amount in benefits to which you are entitled and that you get them as quickly as possible.;

Your disability doesnt wait until you get your payment to affect your life the quicker you can get the money to which you are entitled, the better.

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Va Disability And Ssdi Requirementscan I Get Both

We get a few common questions from veterans and their families: when a veteran has a disability, is it possible to get both VA disability and SSDI? What are the requirements?

If youre a veteran, or your loved one is a veteran, youll want to know the answer! This way, you dont miss out on the benefits youre owed for working and for serving our country.

Lets talk about VA Disability and SSDI requirements.

Does It Help To Get Approved For One Program Is You Already Have The Other

Can You Collect Social Security Disability and Workers ...

In the past, the answer was yes. If you were approved for VA Unemployability benefits, then your chances of getting approved for Social Security Disability benefits were very high.

Unfortunately, from 2017 onwards, the Social Security Administration changed their regulations, stating that VA Unemployability approvals would not be taken into consideration while a persons application for Social Security Disability benefits was being processed.

However, the evidence that you shared with the VA department will be used by the SSA in assessing your claim for Social Security Disability.

The VAs office will also not take into consideration that you are being given Social Security Disability benefits. This is because the SSA does not ask whether the disabilities sustained were because of military service. And the main requirement for eligibility for VA Unemployability is that your disabilities need to be service-related.

There are a lot of times that a Veteran has disabilities that are both service related as well as non-service related. So, the Veteran has to prove that it is a service related disability that is the reason for his or her Unemployability.

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Not Listing All Of Your Disabilities

Often, a disabled individual will want to claim disability benefits for a disability. They will even become angry when Social Security asks about other conditions that they feel are unrelated to their claim. They might ask, Why is Social Security asking me about my depression when Im claiming disability due to my heart condition?.

When evaluating a disability claim, the SSA evaluates all conditions to determine if a person is disabled. Usually, the more medical conditions a person has, the more limitations they have. This helps their case since the majority of claims are won based on a combination of impairments.

Remember, the SSAs process is different from the VAs. They determine whether youre disabled or not, rather than awarding benefits for varying degrees of disability. So, you want to list all possible disabilities to support your claim.;

How Do Military Special Credits Work

When you receive Social Security benefits, a formula is used to determine the amount youre entitled to receive. This is based on your work history and wages, adjusted for inflation. If you havent earned a sufficient number of work credits, you wont be entitled to Social Security. And, if your wages have been relatively low and youve paid little into the Social Security system, your disability or retirement benefits may be small.

However, the Social Security Administration gives special credits to military veterans for their service. When a veteran applies for either disability benefits or retirement benefits, the Social Security Administration will check their record and will provide credit for additional wages for military service. The extra credit for service is added to the veterans lifetime earnings record, which increases the average wage that is used to determine the amount of monthly benefits a disabled or retired veteran receives from the SSA.

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Applicants By Age Group

Chart;8 shows the number of DI allowances and denials and the associated allowance rates by age group and VA rating. Veterans aged;50 to full retirement age 17 filed more than two-thirdsof the DI applications filed by all age groups.

In each age group, the allowance rate for cases with a 100% rating was higher than the allowance rate for IU cases. Additionally, allowance rates for those aged;50FRA were considerably higher than the rates for those in the two younger age groups. The age-group difference is likely a function of the role that age plays in DI decisions involving medical-vocational considerations . Within each VA rating category, the two younger age groups had similar allowance rates . However, within each age group, the difference in allowance rates between the IU and 100% ratings is substantially greater for the younger groups: 12.1;percentage points for ages;1834, 9.5;percentage points for ages;3549, and 5.8;percentage points for ages;50FRA.

How To Apply For Educational Benefits

Can veterans receive Social Security Benefits and VA Disability Benefits? Yes! Here’s How.

Check with the VA before you begin your program to make sure that your educational program is approved and eligible for reimbursement. Call the VA Regional Office in the state where you will be attending your program.

Complete the Dependents Application for VA Education Benefits and submit it to the VA Regional Office in the state where you plan to attend school or training. If you are already in school, you will also have to ask the school or job to complete and an Enrollment Certification form. Submit the Enrollment Certification along with your application.

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Is Ptsd Easy To Claim For Va Disability

According to the top 3;easiest VA claims to win;data, PTSD is an easy thing to claim for VA disability.

The VAs own internal data reported to congress,describes veterans as having the following ratings for PTSD:

  • 2.2% of all VAdisability recipients for PTSD have a 0 PTSD rating.
  • 7.1% of all VAdisability compensation claim recipients for PTSD have a 10 PTSD rating.
  • 23.7% of all VAcompensation claim recipients for PTSD have a 30 PTSD rating.
  • 25.9% of all VAdisability recipients for PTSD have a 50 PTSD rating.
  • 28.0% of all VA claimrecipients for PTSD have a 70 PTSD rating.
  • 13.1% of all VAdisability claim recipients have a 100 PTSD rating.

Drawing Va Benefits And Ssa Benefits

Veterans may be permitted to draw both VA and SSA benefits, but depending on the SSA program you enroll in, you may or may not have your Social Security benefit amount reduced dollar-for-dollar by the amount of your VA disability pay . Those drawing SSI may risk benefit reduction if they dont meet income caps; those drawing SSDI are not at risk.

With or without the benefit reduction, it can be helpful to have a VA disability rating established when you apply for SSA benefits such as SSDI or Social Security Income payments. Not in every case, but in some very important circumstances this can be a big help.

If you apply for both VA disability benefits AND Social Security disability benefits, will the amount of either be reduced because you draw both?

The key to understanding this issue to is recognize that Social Security comes in two different options: Supplemental Security Income or Social Security Disability Insurance . One program allows you to draw VA disability pay with no penalty, while the other features a dollar-for-dollar reduction in the amount of Social Security payments based on the amount of the VA disability payments.

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How Long Does The Process Take

The length of time it takes Social Security to make a disability decision depends on several different factors, but primarily on:

  • The nature of your disability;
  • How quickly we obtain medical evidence from your doctor or other medical sources; and
  • Whether it is necessary to send you for a medical examination in order to obtain evidence to support your claim.

You can help speed up the process by having the needed information on hand when you apply. Please go to Information You Need To Apply For Disability Benefits for more information.

Standard Va Disability Claims

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With standard VA disability claims, the VA gathers evidence and compiles all supporting documents.

If the VA is unable to obtain a needed document, they may require your help. When help is required, it typically applies to documents not held by a federal agency, such as private medical records, employer information, and documents from state or local governments.

As with all claims programs, be prepared to provide your DD214 , service treatment records, VA medical records, and private medical records about your claim. Those needing help applying for their VA disability claim may also work with an accredited attorney, claims agent, or Veterans Service Officer .

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When Your Benefits Start

Generally, if your application for Social Security Disability Insurance is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

Example: Your disability began on June 15, 2020 and you applied on July 1, 2020. Your first benefit would be paid for the month of December 2020, the sixth full month of disability.

However, there is no waiting period if your disability results from amyotrophic lateral sclerosis and you are approved for SSDI benefits on or after July 23, 2020.

Example: We found that your disability began on November 3, 2020 and you applied on January 11, 2021. We would pay your first benefit for the month of December 2020, the first full month of disability.

We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on.

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