When Youre 100% Va Disability But Denied Ssdi
Because youre working with separate entities and differing requirements, you can have a 100% VA disability rating and be denied Social Security disability benefits. The most common reason the Social Security Administration denies disability benefits is because the applicant continues to work and makes too much money. Its also possible that the SSA couldnt find you in its system or didnt recognize the severity of your injury.
You can appeal if you believe the SSDI decision is unjust, but you generally only have 60 days from receiving the denial letter to do so. That means you need to act quickly. A Social Security disability lawyer can assist you through the process.
In What Situation Could I Qualify For Both
Consider the following. A serviceman did a tour of duty in the military. While in the line of duty, the serviceman was injured by an IED. After a period of medical treatment and rehabilitation, he received a military disability rating of 40 percent, received an honorable discharge from the service, and receives veterans disability compensation.
He was able to enter the civilian workforce working an office job which required a low level of physical activity. His job paid into the Social Security system. After working in this job for eleven years, his disability had worsened to the point that he was no longer able to work, even with modifications. He applied for Social Security Disability benefits and the Social Security Administration determined he is disabled based on the rules of their disability program.
Now, he is eligible to receive both SSDI and VA benefits.
How To Use Your Department Of Veterans Affairs Disability Rating And Compensation To Get Approved For Social Security Disability Insurance Benefits
The Social Security Administration and the Department of Veterans Affairs have programs that pay disability benefits to eligible persons.
Both the Social Security and VA programs serve the same governmental purpose of providing benefits to individuals who cannot work because of a severe disability.
Indeed, the SSA and VAs disability programs both:
- Evaluate a claimants ability to perform full-time work in the national economy on a sustained and continuing basis
- Focus on analyzing a claimants functional limitations and,
- Require claimants to present extensive medical documentation supporting their claims .
Despite these similarities, there are critical differences between the disability programs administered by the SSA and the VA that all disabled veterans and wounded warriors should know.
And that is why I wrote this article to answer some of the most common questions veterans ask about the interaction between Social Security disability insurance benefits and VA disability compensation.
These disability benefits can be a critical source of financial support for wounded warriors and their families.
Many of our disability law firms clients receive both and we can help you determine your eligibility for these programs.
Please keep reading to learn more.
We help disabled veterans in Virginia, Maryland, West Virginia, and North Carolina get the benefits they deserve.
And we are ready to prosecute your disability claim.
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How Does The Social Security Administration Determine Disability For Veterans
Veterans applying for Social Security disability benefits need to meet several eligibility criteria.
To be eligible, you:
- Must be unable to do substantial work because of your medical condition AND
- Your medical condition must have lasted, or be expected to last, at least one year or result in death.
Again, while the VA awards disability benefits for partial or short-term disability, the SSA does not. Veterans need to fully meet these requirements to be eligible.
In some cases, an applicants condition will improve, and the SSA would no longer deem them disabled. In this case, the veteran would qualify for a closed period of disability. The requirements include:
- Medical evidence must show that the applicant was unable to engage in substantial work for a continuous period of 12 months, but the applicants condition improved by the time the disability decision was made.
- The applicant must file an application within 14 months after the disability ended.
- Applicants that meet the above requirements must wait five months before their first disability payment. Applicants can receive up to 12 months of retroactive benefits from the filing date.
Information You Need To Apply
Before applying, be ready to provide information about yourself, your medical condition, and your work. We recommend you print and review the . It will help you gather the information you need to complete the application.
Information About You
- Your date and place of birth and Social Security number.
- The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death .
- Names and dates of birth of children not yet 18 years of age.
- Your bank or other and the account number.
Information About Your Medical Condition
- Name, address, and phone number of someone we can contact who knows about your medical conditions and can help with your application.
- Detailed information about your medical illnesses, injuries, or conditions:
- Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
- Names of medicines, the amount you are taking, and who prescribed them.
- Names and dates of medical tests you have had and who ordered them.
Information About Your Work:
- Award letters, pay stubs, settlement agreements, or other .
We accept photocopies of W-2 forms, self-employment tax returns, and medical documents, but we must see the originals of most other documents, such as your birth certificate.
Do not delay applying for benefits because you do not have all the documents. We will help you get them.
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Disabled Veterans Guide To Social Security Disability And Other Programs
This Memorial Day, we remember those who served our country who have fallen. Their commitment to the protection of our civil rights and freedoms is unmatched.
Humbled by their sacrifices, we recognize the need to support the wounded and disabled veterans who fought alongside these brave men and women.
In the wake of the coronavirus outbreak, the job market looks bleak for many. It is especially difficult for disabled veterans.
Veterans deserve to take full advantage of the benefits the United States government provides, particularly in times like these. Here, we will outline the different types of benefits available to disabled veterans.
In general, two government organizations provide support to veterans: Veterans Affairs and the Social Security Administration
Within these organizations, a number of programs including Social Security disability are available.
Save the photo above for a brief summary of each program. Lets explore each in more detail so you can decide what is best for you and your family.
Assistance Obtaining Disability Benefits For Veterans In North Carolina
According to statistics provided by the United States Department of Veterans Affairs, there are currently 23 million veterans throughout the nation. A significant percentage of these men and women 771,654 of them live here in North Carolina. Of these, 131,648 are currently receiving disability compensation or pension payments. If you have a history of qualifying service and can meet the eligibility requirements for disability, you may be able to join this number by obtaining disability benefits to help you support yourself and your family.
The North Carolina Social Security Disability team at Golson, McCracken Inc. takes pride in fighting for people who have been left disabled as a result of their military service, and we encourage you to let us represent you in your claim for benefits.
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Understand The Social Security Disability System
When an individual applies for social security disability, the application can be complete three ways an application can be completed at the applicants local social security field office , online at SSA.GOV or over the phone. Once completed, an initial decision takes between 60-120 days. However, if the applicant is a veteran they may file a form known as 1-2-1-95 . This expedited process is for members of the military who served after October 1, 2001, regardless of where the disability occurred. A further expedition may be granted for veterans who have a VA compensation rating of 100 percent.
After submission of the application the disability claim is then assigned to a member of the disability determination services office a medical examiner. This examiner will compile all the medical documents needed to render a decision and after gathering the documents will consult with a licensed physician or psychologist who works with the SSA. The doctor and medical examiner will complete the evaluation by deciding whether or not the applicant is approved for disability. The SSA statistically shows that 70 percent of first time applicants are initially denied. Hopefully the claim is approved in which the Social Security Administration considered the individual 100 percent disabled and will receive one of the two disability benefit programs SSI or SSDI.
How Much Ssdi Will I Get
The SSA bases monthly payments on your average lifetime earnings before your disability began, not on the severity of your disability. Other disability payments can reduce the amount of SSDI that you receive.
SSDI benefits may reduce your SSI benefits, if you qualify. However, VA disability benefits will not affect your SSDI benefits.
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Social Security Application Assistance
Veterans who are applying for Social Security Disability benefits may become overwhelmed by the process and may want assistance with their application. Americans are allowed to appoint a qualified representative to represent them on their behalf throughout the SSAs disability application process. The issue is that the SSA wrongfully denies qualified applicants and less than 20% of all applicants are actually approved for benefits. Generally denials occur when the applicant improperly filed an application, didnt provide enough medical evidence of the condition, or is currently making too much in earned and/or unearned income .
Experienced Disability Advocates or Attorneys have much higher approval rates with some up as high as 70% at the initial stage of the application process. Advocates and Attorneys have expertise in dealing with the SSA and know what exactly what the SSA looks during the application process. If you would like assistance in filling out an application for Social Security Disability benefits, contact the Disability Care Center for help at 723-4650.
Qualifying For Ssdi As A Disabled Veteran
Most disabled veterans applying for SSDI already have a VA compensation rating. SSDI and VA programs and criteria are very different, however. The Social Security Administration does not base disability determinations on VA ratings. Instead, you must meet the SSAs definition of disability to receive SSDI benefits.
You must be unable to perform substantial gainful activity Your condition must be expected to last at least 12 months or be terminal
While even claimants with a VA compensation rate of 100% P & T are not guaranteed approval for SSDI benefits, if your rating is 70% or greater, your chance of receiving disability through the SSA is increased significantly.
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Differences Between Va Benefits And Social Security Disability Benefits
Veterans Administration Benefits and Social Security Disability benefits are both government programs that provide monthly benefits for disabled individuals. There are several differences between the two programs.
To receive VA benefits, you must be a disabled veteran, and your disability must be related to your active duty service. You will be given a disability rating.
A rating as low as 0% indicates that there is a military-related disability but is not compensable. Your rating must be at least 10% to be eligible for compensation. You do not have to be completely disabled to receive VA benefits. And, if your condition worsens, you can ask to be re-evaluated and your disability rating can be adjusted appropriately.
To receive Social Security disability, you must be completely disabled and unable to earn income. Your disability can result from multiple medical issues. They do not have to be related to your military service, but they certainly can be.
For example, you might have a 30% disability rating from the VA, and you might also have diabetes, heart problems, and arthritis that aren’t related to service.
With all those conditions are combined, you might meet the requirements to be fully disabled per the guidelines established to determine disability by the Social Security Administration .
It’s Not Uncommon For Veterans To Receive Both Social Security And Veteran Disability Benefits
There are several kinds of benefits from Social Security that you may be able to get.
1. Social Security Disability Insurance : Benefits to disabled wage earners and some members of their families if the former wage earners are “insured.”
- Must have worked long enough to become insured and work must be recent
- No resource or asset limits
2. Supplemental Security Income : A means-tested benefit program for the aged , blind, or disabled.
- Work history does not matter
- Monthly maximum payment is the Federal Benefit Rate
- Usually $771 for an individual and $1,157 for a disabled couple in 2019
- Resource or asset limit of $2,000 for an individual or $3,000 for a couple
3. Social Security Retirement: Benefits paid once you have reached your full retirement age.
- Your full retirement age is based on when you were born and can be as early as age 62 or as late as age 70
- If you choose to take early retirement” then your monthly benefits will be reduced, and continuing to work can affect your benefit amount
If you are getting VA disability compensation and then apply for Social Security benefits, Social Security will review any evidence that the VA reviewed in making their decision.
NOTE: While you dont need to be totally disabled to be eligible for VA disability compensation, you are either totally disabled or not disabled under Social Security’s definition of disability.
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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.
Can Veterans Qualify For Other Benefits With Ptsd
Another way to get approved for SSD benefits is to receive a medical-vocational allowance . Actually, this is more common. A veteran can obtain an MVA if he or she has been denied benefits during any step of the process. Similarly, they must demonstrate a limited Residual Functional Capacity . Even more, an individuals RFC is what he or she can still do within the limitations imposed by PTSD.
In fact, it is possible for a veteran to qualify for both VA benefits and SSD benefits. however, eligibility and payment amounts are determined differently by each agency. But even so, since VA benefits are income-based, they can disqualify a veteran from receiving SSD benefits. As a result, the relationship between the two agencies and the types of benefits they provide can be confusing. Alternatively, an experienced attorney can help navigate the complicated application process. Instead, they may secure the appropriate benefits for the sacrifices a veteran has made.
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Difference Between Social Security Disability And Veteran Affairs Disability Compensation
The Social Security Administration and the U.S. Department of Veteran Affairs both have their own disability programs. However, each program evaluates and processes disability claims quite differently. The VA evaluates veterans with a service-connected disability while the SSA evaluates Americans who have a disabling condition that is expect to last a minimum of one year or result in death.
The main difference is that the VA system allows for partial disability benefits in percentages 10%, 20%, 30% up to 100% and awards benefits based on the determination. Though, the SSA offers a disability program their system is an all or nothing evaluation scale. The applicant must be deemed permanently disabled or 100% disabled by the SSA
Its good to keep in mind that receiving VA compensation doesnt negatively affect your qualification for Social Security Disability Insurance . However, the SSA does take your VA disability benefits into consideration when applying for Supplemental Security Insurance since unearned income is counted in this program. Having a disability rating can improve your chances of approval when applying for either SSDI or SSI, and shows the SSA your disability has been recognized by another governmental organization. Although having a VA rating of 100% doesnt even guarantee you will receive disability benefits.
Woods And Woods Can Help
Regardless of the differences between the VA and the Social Security Administration, you deserve all of the compensation coming to you. Woods and Woods can help. Contact us to file an initial claim or appeal a decision. You dont have to seek the help you deserve alone.
All of our attorneys are VA-certified. Call us and join the thousands of veterans we have helped to receive the VA disability benefits they deserve.
Talk to Us About Your Claim:
FREQUENTLY ASKED QUESTIONS
Will I be taxed if I receive VA disability and SSDI?
You will not be taxed on your VA disability compensation. However, you may be taxed on your Social Security benefits, depending on how much you qualify for.
Can I receive VA disability and be denied SSDI benefits?
Yes, you can. The VA and the Social Security Administration are separate entities with different requirements for benefits.
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