SSA and VA Disability Benefit Tips for Veterans

SSA and VA Disability Benefit Tips for Veterans

SSA and VA Disability Benefit Tips for Veterans. Applying for SSA and VA disability benefits can be frustrating and time-consuming.  Both programs help disabled individuals receive benefits.  However, they have very different requirements for determining disability.  The following tips will help with both. 

SSA and VA Disability Benefit Tips for Veterans 1:  Understand the difference between SSA and VA disability benefits

The VA doesn’t require that you prove total disability.  Compensation rates range from 10%-100%, in 10% increments.  However, you must show that your conditions were “incurred or aggravated by your military service.”  You must also show a nexus between your diagnosis and in-service incurrence.  Unlike VA benefits, SSA doesn’t distinguish between partial and total disability.  Therefore, you must show that your medical conditions keep you from working in any job.  Although, SSA has some more favorable rules for people over the age of 50. 

SSA and VA Disability Benefit Tips for Veterans 2:  Be prepared when filing your application

SSA and VA disability benefits applications require a lot of information.  Providing complete information gives you a better chance of winning your case.  For SSA, you should provide all of your medical treatment information on your application.  It should include doctors you see regularly as well as any hospitalizations or emergency room visits.  For VA disability claims, you should be very specific with what you’re claiming.  You should include your diagnosis as well as how it is connected to your service. 

SSA and VA Disability Benefit Tips for Veterans 3:  Understand the rules

Generally, Social Security disability requires that your medical conditions keep you from working at all.  However, Social Security uses a chart called the Medical-Vocational guidelines to evaluate your disability claim.  These guidelines are known as the “grid rules”.  The grid rules make it easier for older people to win their case.  Typically, if you are over the age of 50, the grid rules can allow Social Security to approve your case even if you can do other work.  The rules are even more favorable if you are over age 55.  However, the VA doesn’t consider your age.  Therefore, an approval from SSA doesn’t guarantee a 100% VA rating. 

SSA and VA Disability Benefit Tips for Veterans 4:  Get treatment with specialists

For both SSA and VA disability benefit claims, you should be in treatment with specialists.  Frequently, records kept by specialists record your symptoms and problems better than a general doctor.  They focus on specific information such as special tests or examinations.  Both SSA and the VA look at the severity of your medical conditions.  Generally, records kept by specialists can help document how severe your conditions affect you. 

SSA and VA Disability Benefit Tips for Veterans 5:  Stay in treatment

Again, both SSA and the VA need to assess the severity of your conditions.  Ongoing treatment with your doctors help document the length of time your conditions have affected you.  Ongoing treatment can also show the different types of treatment you’ve received for your conditions. 

SSA and VA Disability Benefit Tips for Veterans 6:  Getting your doctor to complete forms

Many times, medical records alone won’t clearly translate how your symptoms cause problems doing things.  Therefore, your doctors can complete forms that help make the connection.  For SSA, your doctors should complete an RFC form.  An RFC form includes both physical and mental limitations.  It details how your conditions impact your life on a daily basis.  For the VA, your doctor can complete a Disability Benefits Questionnaire (DBQs) provided by the VA.  These DBQs apply to every kind of disability.  These forms provide check boxes that make it easy for doctors to complete.  If the symptoms noted in the DBQ satisfy the criteria for a higher rating, the VA will likely grant that rating. 

SSA and VA Disability Benefit Tips for Veterans 7:  Attend all appointments

You need to cooperate with SSA and the VA in order for your claim to be approved.  At times, SSA will schedule a medical appointment to provide additional information.  Similarly, the VA will likely schedule a VA compensation and pension (C&P) exam.  You must attend any C&P exam.  If you miss either a SSA exam or a C&P exam, SSA and the VA will deny your claim. 

SSA and VA Disability Benefit Tips for Veterans 8:  Check on the status of your claim

Checking on the status of your claim can be important.  It allows you to make sure SSA and the VA handle your case properly.  You can check to make sure your doctors’ records were received.  You should confirm that they received any forms you completed.  It also allows you to check for any additional information SSA or the VA requests from you.  Lastly, it ensures that you don’t miss any important deadlines. 

SSA and VA Disability Benefit Tips for Veterans 9:  Appeal unfavorable decisions

SSA often denies claims.  You should appeal any denials.  Re-filing a new application doesn’t help you get approved for benefits.  It actually only delays the appeals process.  Your chances for getting approved improve when you appeal an unfavorable decision.  In fact, most cases have the best chance for approval at the hearing level.  The VA often assigns a lower disability rating that you believe you have. Similar to SSA, it is best to appeal your disability rating.  You only have one year to file an appeal.  If you don’t appeal in time, then you must submit a new claim and basically move to the back of the line. 

SSA and VA Disability Benefit Tips for Veterans 10:  Work with a disability advocate

Navigating the SSA or VA disability process can be overwhelming and exhausting.  Both require a lot of information and paperwork.  Working with an experienced disability advocate ensures that they get the information they need to process your claim.  Your disability advocate walks you through the process and answers all of your questions.  They regularly check on the status of your case.  Your disability advocate also files any necessary appeals. 

If you’d like help with your case, our experts are standing by. Give us a call today at 800-800-3332.

How is Chronic Fatigue Syndrome a Disability?

How is Chronic Fatigue Syndrome a Disability?

How is Chronic Fatigue Syndrome a Disability? Chronic fatigue syndrome (CFS) may cause mental and physical exhaustion frequently over long periods of time.  Your fatigue may likely interfere with your daily activities.  Often, it can result in impaired cognitive functions.   If your chronic fatigue syndrome keeps you from working, you may qualify for Social Security disability benefits (SSDI). 

Chronic fatigue syndrome and Social Security disability

Social Security disability considers chronic fatigue syndrome a significant impairment.  However, you must meet certain requirements to receive SSDI benefits.  Generally, Social Security requires any disabling condition interfere with your normal daily activities.  Additionally, your symptoms must keep you from working for at least 12 months.  For SSDI, you must have worked a certain amount of years recently. 

Social Security defines chronic fatigue syndrome

Social Security relies, in part, on the Center for Disease Control’s (CDC) definition to evaluate CFS.  The CDC defines chronic fatigue syndrome as persistent fatigue that has a definite date of onset.  There is no other mental or physical cause. Rest or sleep doesn’t improve the fatigue.  Lastly, the fatigue significantly interferes with work, school, social, or personal activities.  The diagnosis also requires at least four of the following symptoms for at least six months:

  • A general feeling of being unwell that lasts at least 24 hours following a period of exertion
  • Memory or concentration problems that cause a significant reduction in your activities
  • Frequent sore throats
  • Tender lymph nodes in the neck or under the arm
  • Muscle pain
  • Joint pain in different areas without swelling or redness
  • Headaches of a new type, pattern or severity
  • Waking up unrefreshed

How does Social Security evaluate chronic fatigue syndrome?

Social Security Ruling 14-1p provides certain requirements to evaluate chronic fatigue syndrome.  First, Social Security must establish your chronic fatigue syndrome as a “medically determinable impairment” (MDI).  Social Security makes a finding that a condition is an MDI when there is objective medical evidence including medical signs and/or laboratory findings. 

Establishing chronic fatigue as a medical determinable impairment

First, you must provide evidence from an acceptable medical source.  This includes a licensed physician such as a medical or osteopathic doctor.  Second, you must show that your doctor reviewed your medical history.  They must also perform a physical exam.  Sometimes, your doctor may make a diagnosis on reported symptoms.  However, Social Security requires medical signs and laboratory findings to support the diagnosis.  Additionally, there can’t be another medical condition causing the fatigue. 

What medical signs does Social Security require?

Social Security will look for specific medical signs that document your chronic fatigue syndrome.  These signs must be documented over at least 6 consecutive months.  The medical signs include:

  • Palpably swollen or tender lymph nodes
  • Nonexudative pharyngitis
  • Persistent muscle tenderness and/or positive tender points
  • Positive Epstein-Barr virus
  • Abnormal tests such as an MRI, exercise stress test and/or sleep studies
  • Other medical signs such as frequent viral infections, sinusitis, ataxia, extreme pallor and significant weight changes

How does Social Security determine if I am disabled due to my chronic fatigue syndrome?

Social Security evaluates any physical or mental limitations caused by your chronic fatigue syndrome.  This helps determine your residual functional capacity (RFC).  Your RFC is what you can do despite your medical conditions.  Your doctor can also fill out an RFC form.  They can explain specifically how your symptoms impact your functioning. 

Documenting your chronic fatigue symptoms

Your medical records should include all laboratory testing your doctors ordered.  Your doctor should note any other medical conditions considered and ruled out for a cause of your symptoms during each visit.  This should also include all positive objective findings.  Thus you doctor should note any tender points.  They should also document symptoms such as problems with memory, attention or concentration. 

Example 1:  documenting your chronic fatigue symptoms

Janet’s doctor diagnosed her with chronic fatigue syndrome.  Her doctor ordered blood work that showed positive Epstein-Barr virus.  He tested for other conditions but nothing explained her chronic fatigue.  Janet’s medical records consistently documented her tender points and muscle pain.  Her doctor also noted that she became very tired after doing even small tasks at home.  Social Security evaluated Janet’s records.  They determined that her chronic fatigue syndrome kept her from working.

Chronic fatigue syndrome and RFC forms

Your doctor can fill out an RFC form to help explain how your symptoms impact your daily activities.  Your doctor may note physical limitations.  As an illustration, your doctor may state that you can’t lift more than 10 pounds,have trouble standing and walking. You were limited to 2 hours in an 8 hour day.  Your doctor should also note any mental limitations, may state that you would have difficulty concentrating during a work day.  They may also note that you would frequently miss work.  Although these forms are well-supported by your medical records, they can help get your claim approved. 

Example 2:  how an RFC form can be helpful

Susan has been diagnosed with chronic fatigue syndrome.  Her medical records support her diagnosis.  Susan’s doctor completed an RFC form.  Specifically, She noted that Susan had difficulty sitting or standing for long periods.  She also could not lift or carry more than 10 pounds.  Additionally, Susan’s doctor reported that her symptoms would cause Susan to miss work frequently.  Social Security found that Susan was unable to work.  Consequently, they approved her claim. 

Disability Help Group winning case study

Justin’s doctor diagnosed him with chronic fatigue syndrome.  He could no longer work.  Justin needed to file for Social Security disability.  Justin contacted Disability Help Group.  Justin’s advocate helped explain what he needed to win his case.  Justin was able to speak with his doctors about properly documenting his signs and symptoms.  His doctors made sure to include all of his positive findings in each office visit note.  Social Security was able to fully evaluate Justin’s chronic fatigue syndrome.  As a result, Disability Help Group helped Justin win his disability benefits. 

Call Now for a Free Case Review, 800-700-0652

Make sure you start your SSDI and VA disability claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

How to Qualify for VA Compensation While Receiving SSI

How to Qualify for VA Compensation While Receiving SSI

How to Qualify for VA Compensation While Receiving SSI. Veterans can receive both VA compensation and SSI.  Both VA compensation and SSI require that you have disabling conditions.  However, the requirements to qualify differ. 

How to Qualify for VA Compensation While Receiving SSI: VA compensation

VA disability compensation offers monthly payments to Veterans who got sick or injured while serving.  You must show that your disabling condition was “incurred or aggravated by your military service.”  The VA does not require total disability.  The VA awards benefits based in proportion to your percentage of disability.  Compensation rates range from 10%-100%, in 10% increments. 

VA pension

The VA also offers benefits for veterans who have non-service disabilities.  VA pension benefits require that you were not dishonorably discharged and you meet certain financial limits.  You must also meet certain service requirements.  Additionally, you show one of the following:

  • You are at least 65 years old
  • Have a permanent and total disability
  • Are a patient in a nursing home for long-term care because of a disability or
  • Are receiving Social Security disability insurance or SSI. The OT and ICS cyber security is what is needed to protect data.

How to Qualify for VA Compensation While Receiving SSI: SSI benefits

Unlike VA compensation, SSI does not offer partial disability.  You must prove that your medical conditions keep you from working in any job.  You must also show that you can’t work for at least 12 months.  SSI also has specific financial requirements.  Specifically, these requirements include:

  • You must have less than $2,000 in assets (or $3,000 for a couple)
  • Have a very limited income
  • Are a US citizen (there are very few exceptions to this)

VA compensation and SSI benefits

Since SSI is a needs-based program, other income affects the amount you receive from SSI.  Therefore, VA compensation will reduce your SSI payments.  Social Security considers VA compensation as “unearned income.”  Social Security deducts unearned income on a dollar for dollar basis with a $20 exclusion.  The SSI federal payment amount for 2021 is $794 per month. 

How to apply for VA compensation

You can apply for veterans benefits online.  You may also apply by using VA Form 21-526, Veterans Application for Compensation and/or Pension.  Once you apply, the VA uses military doctors and other health personnel to evaluate your disability claim.  The VA may ask you to attend a C&P exam to help rate your claim.  The VA assigns a disability rate to each of your conditions.  These rates determine your Total Combined VA disability rating.  The VA then uses this rate to figure out the amount of your benefits. We Can Help You Qualify for VA Compensation While Receiving SSI.

How to apply for SSI

You must contact your local Social Security office to file. Unlike the VA, Social Security doesn’t rate your conditions separately.  Social Security looks at how the combination of your conditions impacts your functioning.  First, they consider if any of your conditions meet certain conditions under their listing of impairments, known as the “Blue Book”.  Most conditions will not meet these strict requirements.  Next, Social Security considers your residual functional capacity or RFC.  Your RFC includes both physical and mental limitations.  If Social Security determines that your conditions keep you from working, they will approve your disability claim.  Like the VA, Social Security may ask you to attend a medical exam to help evaluate your claim. 

Disabled veterans and your age

Social Security has special disability rules the older you are.  They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.”  The grid rules make it easier for older people to win their case.  Social Security considers your age, education and work background.  The older you are, the easier it can be to win your case. 

Can a veteran work and receive both VA and SSI?

If you are working, you may not qualify for SSI.  Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA.  If you earn over the SGA limit, you will not qualify for Social Security disability.  For 2021, SGA is earnings $1,310 per month or more (before taxes).  However, if you earn more than $794 per month, you will not qualify to receive SSI payments.  Unlike Social Security, veterans can work while receiving VA disability benefits unless you receive Total Disability Based on Individual Unemployability (TDIU). We can help you Qualify for VA Compensation While Receiving SSI.

VA and SSI medical benefits

Veterans receiving VA disability automatically receive TRICARE benefits.  TRICARE covers health costs found “medically necessary” for your condition.  SSI recipients receive Medicaid benefits.  If you receive both TRICARE and Medicaid, TRICARE becomes your primary insurance. 

Getting help with your VA compensation and SSI claims

Get help with your case now. Firstly, your advocate helps you with your application and can make sure you provide all necessary information.  Secondly, your advocate walks you through the process and can answer all of your questions. Thirdly, your advocate knows what it takes to get your case approved.

Call Now for a Free Case Review, 800-700-0652

Make sure you start your SSDI and VA disability claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

How Receiving Social Security Disability Can Help You Get VA 100%

How Receiving Social Security Disability Can Help You Get VA 100%

How Receiving Social Security Disability Can Help You Get VA 100%. Receiving Social Security disability can help you get a 100% VA rating.  However, receiving Social Security disability doesn’t guarantee a 100% VA rating.  It can be used as powerful evidence for your VA claim.  Although, these decisions only help if you can show your conditions are service-connected. 

VA disability benefits

VA disability benefits require that you meet certain conditions.  You must have a current diagnosis.  That diagnosis must be service-connected.  You must also show a medical nexus or connection between your diagnosis and in-service incurrence.  The VA considers your disability service-connected if your medical condition:

  • Firstly, Was directly caused by military service
  • Secondly, Occurred while in the military
  • Thirdly, Was aggravated by military service or
  • Finally, Caused by conditions that are service-connected

VA disability rating and TDUI

Disability ratings range from 10% to 100%.  Next, it can be hard to earn a 100% disability rating when you have more than one disability.  Fortunately, the VA provides an alternate route to total disability rating based on individual unemployability (TDUI).  The VA considers your ability not only get a job but also to keep a job.  You meet the conditions for a TDUI rating if your disabilities prevent you from working and:

  • You have a single service-connected rating or have a combined disability rating of 70%

Social Security disability helps establish a current diagnosis

Firstly, SSDI looks at your medically determinable impairments (MDI).  Secondly, Social Security considers any condition that has an impact on functioning as an MDI.  Thirdly, a Social Security hearing decision includes a list of your disabilities.  Therefore, your Social Security approval helps determine your diagnoses. Receiving Social Security Disability Can Help You Get VA 100%. Call Now for a Free Case Review.

Social Security disability helps establish service-connection

Frequently, applicants for Social Security disability have to testify at a disability hearing.  During the hearing, the judge asks a lot of questions about your disabilities.  Often, applicants provide detailed explanations about their conditions.  They also explain when conditions started.  A Social Security hearing decision includes a summary of testimony.  Therefore, your Social Security hearing decision helps establish service-connection. 

Example:  Social Security hearing decision helps establish service-connection

Likewise, a veteran applied for disability benefits for PTSD.  During the hearing, he testified that he witnessed a young girl get hit by a vehicle while on patrol during his service.  He also testified that since his service, he started blacking out and became violent.  He testified that he didn’t sleep well, had significant paranoia and was very depressed.  The judge’s decision included the veteran’s testimony, helping to establish that his PTSD was connected to his service. 

Social Security disability helps establish severity

Social Security has a difficult standard to meet for eligibility.  You must show that your medical conditions prevent you from working in any job.  A judge’s decision must explain why a case meets the requirements for disability.  The decision includes specific reasons how significantly medical conditions impact a person’s functioning.  Therefore, a Social Security disability decision can help explain how severe your conditions are. 

Example:  Social Security hearing decision helps establish severity

Hence, a veteran applied for Social Security disability due to a lower back impairment, depression and anxiety.  During the hearing, the veteran testified that he injured his back during his service.  He could no longer perform his duties as a postal worker.  As a result of his chronic pain and limitations, he developed significant depression and anxiety symptoms, requiring medication and therapy.

In his hearing decision, the judge explained that his lower back condition caused significant limitations with standing, walking and sitting.  The judge also explained that his depression and anxiety symptoms caused significant problems concentrating.  The veteran provided the VA a copy of the decision, which helped him qualify for TDUI. 

Example:  Social Security hearing decision helps establish severity

For instance, a veteran applied for Social Security disability due to a traumatic brain injury.  He suffered from episodes of aggression, poor memory and difficulty getting along with others.  In his hearing decision, the judge referred to evidence in his record documenting that he needed a lot of help with his daily activities.  Specifically, he needed help with medication management and reminders to take care of his personal hygiene. 

His mother took him to all of his medical appointments and helped manage his bills.  His medical records documented that he could become very aggressive often.  The Social Security judge determined that the veteran would not be capable of maintaining any job.  The decision helped increase the veteran’s VA disability rating. 

Getting help with your Social Security and VA disability claims

Both Social Security and VA have complicated application processes.  The process can be even tougher when Social Security or the VA issues a decision that completely ignores the evidence.  Working with an experienced advocate helps increase your chances of getting approved.  They know how to turn a loss into a win.  An experienced advocate can analyze your case and help you receive maximum benefits.  It helps to have knowledgeable experts on your side. 

Call Now for a Free Case Review, 800-700-0652

Make sure you start your SSDI and VA disability claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

Getting Both Social Security and VA Veterans Disability Benefits

Getting Both Social Security and VA Veterans Disability Benefits

You can get both Social Security and VA Veterans disability benefits.  In fact, disabled veterans often apply for both types of benefits.  However, there are differences between Social Security and VA disability benefits. 

What is the difference between Social Security and VA Veterans disability benefits?

Social Security has two types of disability benefits. Social Security disability insurance benefits (SSDI) require that you have worked.  Unlike SSDI, Supplemental Security Income (SSI) benefits don’t require that you’ve worked.  However, you must meet certain financial requirements.  The VA offers veterans disability benefits only for individuals who have served in the armed forces. 

Social Security vs. VA Veterans disability benefits

SSDI and SSI have the same definition of disability.  You must have medical conditions that keep you from working. You must be unable to work for at least 12 months.  Social Security doesn’t award partial disability.  VA disability requires that your medical conditions are connected to your service.  Unlike Social Security, VA disability does award partial disability benefits.  VA disability compensation rates range from 10-100%, in 10% increments. 

Can I work and receive Social Security or VA Veterans disability benefits?

If you are working, you may not qualify for Social Security disability.  Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA.  If you earn over the SGA limit, you will not qualify for Social Security disability.  For 2020, SGA is earnings S1,260 per month or more (before taxes).  You can still qualify for Social Security disability benefits if you earn less than SGA.  However, any work may make it harder for Social Security to approve your claim.  Unlike Social Security, veterans can work while receiving VA disability benefits unless they receive Total Disability Based on Individual Unemployability (TDIU.)   

Do my VA Veterans disability benefits affect my Social Security disability?

VA veterans disability benefits don’t affect your SSDI payments.  You can receive both VA and SSDI payments at the same time.  However, VA benefits will reduce your SSI payments.  SSA considers VA benefits as “unearned income.”  Social Security will deduct unearned income on a dollar for dollar basis except for a $20 exclusion.  In other words, Social Security reduces your SSI benefits by the amount of your VA payments. 

Social Security and the VA follow different rules.  Getting approved for one doesn’t increase your chances of getting approved for the other.  However, Social Security considers evidence from the VA.  Similarly, the VA considers your Social Security records.   

Expedited Social Security disability claims for veterans

Fortunately, Social Security can fast-track certain cases for veterans by expediting the process for veterans with a 100% VA rating.  You should identify as a “Veteran rated 100% P&T: when filing your application.  You should also provide your VA rating notification letter.  Additionally, Social Security fast-tracks case for Wounded Warriors.  You should tell Social Security that your injuries happened while on active duty.  

Social Security application process

Firstly, Social Security considers their listing of impairments, known as the Blue Book.  Secondly, the Blue Book has very specific medical requirements.  Thirdly, it can be very difficult to meet one of the listings.  Finally, Social Security considers your residual functional capacity or RFC.  An RFC includes both physical and mental limitations. 

  1. Social Security looks at your medical evidence to figure out your RFC. 
  2. They ask you to attend an appointment with one of their doctors, sends you for an exam when they need more information about your conditions. 

VA veterans disability application process

Veterans go through a VA-directed medical review.  The VA uses military doctors and other health personnel to evaluate veterans for their disability.   Similarly to SSDI, the VA may ask you to attend a VA claim exam, known as a C&P exam. 

Disabled veterans and your age

Social Security has special disability rules the older you are.  They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.”

Example 1:  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 Jane’s claim. 

Example 2:  applying the grid rules over 55

As another example, Scott, a 59 year old veteran, applied for disability due to arthritis in his hips.  He previously worked as a construction worker.  Scott needed a hip replacement and needed a cane for walking.  Social Security reviewed his records from the VA.  They determined that he could not return to work as a construction worker.  Since he couldn’t return to his past work, the grid rules allowed Social Security to approve his claim. 

Getting help with your Social Security and VA veterans disability claims

Hiring an experienced disability advocate can increase your chances of getting approved.  Firstly, your advocate helps you with your application and can make sure you provide all necessary information.  Secondly, your advocate walks you through the process.  Thirdly, they can answer all of your questions and help you understand all of the rules.  Last, your advocate knows what it takes to get your case approved, you need an expert on your side.

Disability Help Group, Call Now for a Free Case Review, 800-800-3332

Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.