Who Processes Va Disability Applications
The U.S. Department of Veterans Affairs is the second largest federal department, with only the Department of Defense larger. Like DoD, the VA is also broken into different branches, each with their own role in serving veterans.
Veterans Health Administration
Healthcare is provided by the Veterans Health Administration . The doctors you visit at the White River Junction VA Medical Center or its various clinics work for VHA, and their purpose is to provide medical care to you. They do not process applications for benefits, including VA disability benefits.
Veterans Benefits Administration
Benefits are provided by the Veterans Benefits Administration , and they process applications for VA disability benefits. The only VBA location in Vermont is at the White River Junction VA Regional Office, which is located at the same campus as the hospital. White River Junction is one of only four locations across the nation where VBA and VHA work in the same complex. Usually they maintain completely separate facilities.
Dont let their geographic proximity fool you. They are separate and distinct operations, each with their own mission and chain of command. This is why a veteran can see a VHA doctor for their service connected conditions, but not be a Disabled Veteran unless VBA approved their disability application.
Who Are Disabled Veterans
Some disabled veterans run Fortune 500 companies some disabled veterans will never be able to work again. Some disabled veterans run in marathons some disabled veterans need help performing daily life functions, like eating or bathing. In other words, disabled veterans come in all ranges of abilities. Many disabled veterans do not consider themselves disabled, nor do they meet our society’s definition of disabled. The stereotype of someone in a wheelchair or missing a limb isnt an accurate description of the vast majority of our nations disabled veterans.
Specifically, a disabled veteran is someone who has applied for disability benefits from the VA and had their application approved. A veteran can have obvious disabilities, be receiving VA healthcare for those disabilities, and still not be a Disabled Veteran unless they go through the steps necessary to have their conditions officially recognized by the VA.
Expedited Claims For Qualified Active
If you have a VA disability compensation rating of 100% Permanent & Total OR if you develop a disability while on active military service on or after October 1, 2001 , you may qualify for expedited claim processing. We usually identify veterans automatically. However, in rare instances, a veteran may need to self-identify and provide the VA notification letter as proof.
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Need Help With Veterans Disability And/or Social Security Disability
Our experienced North Carolina disability lawyers and North Carolina VA disability attorneys are ready to help. The Riddle & Brantley disability team is led by Scott Scurfield, a Board-Certified Specialist in Social Security Disablity law and a VA-accredited attorney.
Scott and his team have helped hundreds of veterans and civilians alike get their disability benefits both from the Social Security Administration and the Department of Veterans Affairs.
For a FREE consultation with an experienced attorney handling Social Security disability and VA disability claims, please call 1-800-525-7111 or complete the form below.
There is no obligation, and you wont pay any attorney fees unless we get you the benefits you need and deserve. Call 1-800-525-7111 and lets review your claim.
Justice Counts for North Carolinians with disabilities, and we would love to help you get the Social Security disability and/or veterans benefits that you need and deserve.
Should I Hire An Attorney
You have the right to hire an attorney to help you file for Social Security or to represent you in your appeal. You will not have to pay your attorney unless you are awarded benefits, even if the case goes on for a long time. Your attorney will get paid out of any backpay you receive, and the attorney’s fee is limited to 25% of your backpay, not to exceed $6,000.
If you’re initially denied benefits and have to appeal, your chances of winning benefits increase if you have an attorney. Some veterans disability attorneys also practice Social Security disability law, so if you or someone you know used a veterans disability attorney, you might ask if he or she will handle your Social Security disability claim as well.
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Differences Between Social Security And Veterans Disability
One major difference between Social Security disability and veterans disability is that you don’t need to be totally disabled in order to be eligible for VA compensation. In fact, most veterans who receive VA compensation do not receive a total disability rating. Veterans can receive a compensable rating as low as 10%, and can even have a rating as low as 0%.
Social Security disability, conversely, does not compensate disability claimants based on a partial loss of employability. You are either totally disabled or not disabled under Social Security’s definition of disability.
In the past, another difference between the two programs was due to Social Security’s “treating physician rule.” Until March 27, 2017, a “treating physician’s” medical opinion was generally given a great deal of weight. In VA law, the treating doctor’s opinion is not given deferential weight, because of the important VA principle that decisions be based on the entire file, so as not to give any particular evidence extra weight. After March 27, 2017, neither program gives deference to the opinions of a treating physician.
Ssdi And Public Disability Benefits
Public disability benefits may be paid to certain recipients through federal, state or local government organizations if they have disabling medical conditions that are not job-related. These are separate from Social Security Disability benefits and can include retirement benefits and civil service disability benefits. These additional disability benefits can cause your SSDI benefit amount to be reduced.
SSDI and public disability benefits is an extremely complicated issue, as there are many variables and circumstances that impact every situation. Our Georgia Disability Lawyers can explain the differences, as well as help you choose the best option for disability benefits that meets your needs.
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What Are The Advantages Of Veterans Disability Compensation
There are several advantages of VA disability compensation, if you are a military veteran with a service-related disability. There is no income limit for VA disability compensation. This means you are eligible to recover benefits and work at the same time as long as you are not receiving TDIU benefits.
Another advantage of VA disability compensation over SSDI is that VA disability does not require you to be 100 percent disabled. You can receive VA disability compensation for a partial disability, with as little as 10 percent disability.
There is also no work credit requirement for veterans disability compensation. While SSDI requires that you have worked long enough at jobs that paid into the Social Security system, there is no similar requirement to qualify for veterans disability compensation.
You also have the opportunity to receive more than the average Social Security benefit with VA benefits. For example, a veteran with a 100 percent disability rating, a spouse, and one child can recover $3,450.32 each month in 2021.
Do P& t Benefits Affect Retirement Benefits
TDIU benefits can be granted as temporary or permanent. Your rating decision letter will indicate if your TDIU benefits are permanent.
If you are awarded permanent TDIU benefits, it will not affect your eligibility for Social Security retirement benefits.
P& T disability ratings are awarded when a veterans service-connected disabilities are not expected to improve. P& T ratings are considered temporary, but they are protected from any future rating reductions.
A 100% rated P& T disability does not guarantee that you will receive Social Security retirement benefits. However, veterans with 100% P& T may ask for their application for Social Security retirement benefits to be expedited.
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Can I Receive Both Social Security Disability And Va Disability Compensation
If youre a disabled veteran and also worked and paid into Social Security, you may be wondering whether you are entitled to disability payments from both sources. The short answer is that receiving VA disability compensation benefits doesnt disqualify someone who is otherwise qualified from receiving Social Security Disability benefits. But, VA benefits may disqualify a person from receiving Supplemental Security Income or may reduce SSI benefits.
Heres a high-level overview of how it works. If you still have questions, a Veterans Disability Advocate can be your best resource.
Qualifying for VA Disability Compensation Benefits And SSDI Benefits
VA disability compensation payments arent based on financial need, so receiving benefits from Social Security or another source wont interfere with eligibility for VA disability compensation benefits. Monetary benefits are determined based on your disability rating and certain other factors, such as whether you have qualifying dependents.
The Social Security Administration does consider some income in determining eligibility for SSDI benefits, but only earned income is considered. Other forms of income, including VA disability benefits, are not counted. So, if a veteran receiving VA disability benefits is otherwise qualified for SSDI, the VA income wont be a problem.
SSI Benefits are Different
An Experienced Veterans Disability Advocate Can Help
Example : Applying The Grid Rules Over 50
For example, Jane, a 54 year old veteran, applied for disability due to degenerative disc disease and right shoulder impairment. She previously worked as an x-ray technician. Jane received a lot of treatment at the VA hospital. However, she had surgery at a civilian hospital. Her medical records included documentation that Jane had difficulty standing and walking. She also had trouble using her right arm. Social Security found that she could not return to work as an x-ray technician. Since she is over the age of 50, Social Security applied the grid rules and approved Janes claim.
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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.
What Disability Programs Does The Social Security Administration Provide
If compensation or pension isnt right for you, you should consider the disability programs offered by the Social Security Administration. They include Supplemental Security Income and Social Security Disability Insurance . We recommend you work with your local Area Agency on Aging to help with SSI and SSDI applications.
- Social Security Administration – 772-1213
- Area Agency on Aging – 642-5119
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Tips For Applying For Social Security Disability And Va Benefits As A Disabled Veteran
What You Need To Apply For Benefits
In both cases, you will need medical documentation to support your claim. For SSA applications, you may be required to provide copies of your medical records, discharge paperwork, tax records or other proof of income and more. For VA disability benefits you will need to furnish military records, medical records, proof of discharge, and schedule appointments as directed by the VA in order to be screened for your claim. Your Social Security number, birth certificate, and other important documentation may be required by both agencies.
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Cottrell Law Office: Your Va Disability And Social Security Law Firm
At the Cottrell Law Office, we pride ourselves on fighting for the rights of the injured. If you are a veteran who has questions about whether and to what extent you may qualify for disability benefits, we want to help you too.
According to the SSA, approximately 63% of disability claims were denied between 2007-2016. Further, according to the VA Board of Veterans Appeals, 20.3% of disability claims that were denied in 2020 were also denied on appeal.
When you feel like the odds are stacked against you, we can help you even the playing field. We will do everything within our power to get you the disability benefits you need and deserve.
Contact the Cottrell Law Office today for a free consultation, and see how we can help you recover.
Stop Worrying About A Reduction In Benefits
Too many disabled veterans struggle to get by because they fear losing their benefits if they apply for Social Security Disability Insurance and SSI. Veteran service members who become disabled while on active duty serving and protecting our countrys interests deserve every bit of the support our government can provide. Sam Earley can help you throughout the claims application process to help you get the full measure of benefits available.
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Some Background On Va Benefits Compared To Social Security Disability
VA compensation for medical conditions, injuries, and other issues is conditional. The VA must determine that your medical issues are service-connected or service-aggravated and award a disability rating on that basis.
VA disability pay requires the veteran to submit medical documentation, evidence , civilian care records, etc. A VA medical claim is reviewed by the VA. Compensation is awarded on a scale of percentages with a maximum award of 100% disability.
Service Credit For Workers Compensation
If you are on leave without pay receiving workers compensation and retirement contributions are not being withheld from your workers compensation payment, you may be eligible to purchase up to 24 months of service credit for this period of time. You must purchase this service before you retire on disability. For more information, contact your human resource office.
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How Can I See My Cost
If you set up your My Social Security account online by Nov. 15, you can now see how much your benefits will be increased for 2023. Just log in to your My Social Security account and check the message center to view the document that has all the details about your new 2023 benefit amount.
The document should tell you how much your monthly benefit is before and after deductions, and when you’ll get your first payment with the COLA increase.
If you didn’t sign up for a My Social Security account, look for the COLA notice you received in the mail in December. The letter discloses your 2023 benefits amount.
Note that your higher Social Security payment will take effect in January 2023. If you’re a Supplemental Security Income beneficiary, your first increased payment was on Dec. 30, 2022.
How To Apply For Va Benefits And Ssdi
Eligibility for VA disability benefits is not based on income and you may qualify to receive both VA disability benefits and Social Security disability insurance at the same time.
If you are sure you are entitled to receive VA benefits you need to provide evidence which shows your disability was caused while you were employed by the military. This includes a diagnosis of your medical condition and a report written by your doctor. The medical evidence you provide needs to prove that you have a mental or physical disability that is ongoing and stops you from working and carrying out everyday tasks. The documents you will be asked to include in your application are:
- your DD214 document
- proof of the treatment you received while in service
- your doctors medical report
- results of x-rays, CT scans and medical tests that prove you are disabled.
The amount you get paid will depend on the extent of your disability.
When applying for SSDI benefits you should include the percentage rating of your VA disability as provided in the VA notification letter, proof of your accumulated work credits, your diagnosis from your doctor and the listing of your medical condition in the SSA Blue Book. If your rating is 100% the SSA will prioritize the processing of your claim.
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