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 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.
Can I Get Both SSD And Veterans Disability Benefits?
Yes, you can get both Social Security and VA Veterans disability benefits. Disabled veterans often apply for both types of benefits. However, there are differences between Social Security and VA disability benefits.
Social Security vs. 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.
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.
Social Security looks at your medical evidence to figure out your RFC.
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.
Get Help With Your Claims Today!
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 the 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.
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
How Do I Appeal an SSDI Denial? Has Social Security denied your claim for SSDI benefits? You may think filing a new claim can be better than appealing. However, you should appeal any denials. Re-filing can delay the appeals process. Your chances for getting SSDI benefits improve when you appeal.
Where do I appeal an SSDI denial?
You can file an appeal several ways. First, you can appeal your denial online. This can be the easiest way to appeal an unfavorable decision. Second, you can file an appeal with your local Social Security office. If you have a representative, they can help you file an appeal of your SSDI denial.
How long do I have to file an appeal?
You have 60 days to appeal an SSDI denial. Social Security gives you an extra 5 days to allow you to receive your denial in the mail. Therefore, you have a total of 65 days from the date on your denial to appeal your SSDI claim. If you don’t file within the 65 days, you may have to re-file your claim. Social Security allows you to file an appeal in more than 65 days if you have good cause for missing your deadline.
What is good cause to appeal an SSDI denial for missing your appeal deadline?
Good cause can include several reasons. Social Security considers:
What circumstances kept you from making the request on time;
Social Security’s action misled you
Whether you didn’t understand what you needed to do to appeal
Whether you had any physical, mental, education or language limitations that prevented you from appealing on time
Examples of good cause for missing your deadline
You were very sick when the appeal was due and couldn’t have contacted Social Security yourself or through someone else. You would need proof that you were seriously ill.
There was a death or serious illness in your family
Records needed for your appeal were destroyed by an accident or fire.
You never received your denial notice
Some other type of unusual or unavoidable circumstances and you could not reasonably be expected to have met the deadline
What information should I include in my appeal for SSDI denial?
Most importantly, you need to include updated treatment information on your appeal. You should tell Social Security about all the doctors you’ve seen since filing your application. You should include any emergency room visits, also include any hospitalizations. On appeal, Social Security looks at any new or missing information that might change their minds.
Why was my SSDI claim denied?
Many people receive a denial for SSDI benefits the first time they apply. Understanding why Social Security denied your claim can help increase your chances on appeal. Specifically, you will know what your claim was missing or where your claim can be improved. Common reasons include:
Lack of medical evidence
You are working
Not following your doctor’s orders
Ignoring requests
SSDI denials for lack of medical evidence
Frequently, Social Security denies claims because there was not enough medical proof to show your condition keeps you from working. You must show that your symptoms cause serious problems in your functioning. Therefore, you should see your doctors regularly. Additionally, you should see specialists for your conditions. Often, specialists keep better records about your symptoms and problems better than a general doctor. They focus on specific information Social Security needs to approve your SSDI benefits. You need to Appeal your SSDI Denial on time or you will have to start over.
SSDI denials for working
Social Security defines disability as the inability to work for at least 12 months. Therefore, if you are working, you may not qualify for SSDI benefits. Social Security considers earnings over a certain amount “substantial gainful activity” or SGA. If you earn over the SGA limit, you won’t qualify for SSDI. If you have not been out of work for at least 12 months, you won’t qualify for SSDI.
SSDI denials for not following your doctor’s orders
If you don’t follow your doctor’s recommendations, Social Security could deny your case. Your doctor’s treatment plan shows that you cannot work due to your condition. Without a treatment plan, Social Security can have trouble establishing that your condition impacts your work ability. This also includes taking prescribed medications correctly. Additionally, when you don’t follow your doctor’s orders, Social Security can decide that your limitations would be less serious if you followed their recommendations. This can result in an SSDI denial. You need to Appeal your SSDI Denial on time or you will have to start over.
SSDI denials for ignoring requests
Often, Social Security requires additional information to process your SSDI claim. This may include more information about your treatment or work history. Social Security may not be able to make a decision without this information. When you don’t respond to their requests, Social Security denies your claim for failure to cooperate.
Get help appealing your SSDI denial
If you’ve been denied for SSDI benefits, you should consider working with a disability advocate. Hiring a disability advocate can significantly increase your chances of winning. A disability advocate makes sure you don’t miss any deadlines for appealing. They can help get your claim on the right track for winning your claim.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
You can qualify for Social Security disability if you have a medical impairment or combination of medical impairments that keep you from working. Your conditions must keep you from working for at least 12 months. Social Security offers two types of disability benefits. These include Social Security disability insurance benefits and Supplemental Security Income benefits.
Qualifying for Social Security Disability Insurance Benefits
To qualify for Social Security disability insurance benefits (SSDI), you must have worked a certain number of years. Additionally, you must be between the ages of 18 and 65 years old. You do not need to be a US citizen to qualify for SSDI. Any worker with a valid Social Security number who paid into Social Security may file for benefits.
Qualifying for Social Security Disability and Work Credits
You receive work credits each year that you work and pay taxes. Generally, you need to earn a total of 20 work credits to qualify for SSDI benefits. However, your work needs to have done recently. Like other insurance programs, your coverage ends after a certain amount of time from when you stop working. Unfortunately, if you stopped working more than five years before filing, you may not currently qualify for Social Security disability insurance benefits.
Qualifying for Social Security Disability and Your Date Last Insured
Your date last insured (DLI) is the last date you can qualify for SSDI benefits. Your DLI depends on when you last worked. Typically, your DLI expires five years after you stop working. However, if your earnings were low or inconsistent, your DLI may be less than five years. For example, if you stopped working in 2020, your DLI would expire in 2025.
Qualifying for Social Security Disability with an Expired Date Last Insured
You may still qualify for SSDI benefits even if your DLI has expired.
Show your disability began before your DLI expired.
Medical evidence that shows you couldn’t work before your DLI.
Example 1: qualifying for Social Security disability with an expired DLI
As an example, Susan stopped working in 2012 when her lupus symptoms interfered with her ability to work. As a result, her DLI expired in 2017. Susan would need to show that her lupus symptoms prevented her from working before 2017.
Qualifying for Social Security Disability: Dependent Spouses and Children
Under SSDI, a disabled individual’s spouse and dependent children can receive partial dependent benefits. Social Security pays benefits in addition to the disabled individual, called auxiliary benefits. Spouses may qualify for additional benefits if they have a child under the age of 16. They may also qualify if they are at least 62 years old. Children may qualify if they are:
Under age 18
A disabled adult before the age of 22
A high school student under the age of 19
Qualifying for Supplemental Security Income Benefits
Unlike SSDI, you do not need to earn any work credits to file for Supplemental Security Income (SSI) benefits. Social Security bases SSI eligibility on your income, assets and resources. Additionally, both adults and children can file for SSI benefits. For children, Social Security considers their parents’ income, assets and resources. Dependent children or spouses do not receive payments under SSI.
Income Guidelines to Qualify for SSI Disability Benefits
SSI benefits are considered a “means-tested” benefit. Therefore, you must meet certain income guidelines to file. To meet the SSI income requirements,
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)
Example 2: qualifying for SSI
For example, David hasn’t worked in many years. He recently was in a car accident. He suffered from a very serious back injury. David lived with his parents and received food stamps. He did not have any money in his bank account. Since David had very little income and resources, he was able to file for SSI.
Qualifying for SSDI and SSI
Sometimes, you can file for both SSDI and SSI benefits at the same time. You earned enough work credits for SSDI. You also meet the financial requirements for SSI. Commonly, Social Security calls this “concurrent benefits.”
Example 2: qualifying for SSDI and SSI
For example, Janet worked consistently in the past. However, she had to stop working due to her medical conditions. Now that she is no longer working, she doesn’t have any income. Janet applied for state assistance or relies on others for financial help. Janet can file for SSDI because of her work history. Additionally, she can file for SSI because she now has a limited income.
Medically Qualifying for Social Security Disability Benefits
Social Security also looks at your medical conditions. Social Security considers whether your medical conditions fall under their listing of impairments, known as the Blue Book. Typically, the Blue Book requires that your medical conditions meet very specific requirements. If your condition doesn’t fall under the listings, Social Security will look at what you can still do despite your impairments. Social Security calls this your residual functional capacity. If Social Security determines that your medical conditions keep you from working, they will approve your disability benefits.
Working With a Disability Advocate
Hiring an experienced disability advocate greatly improves your chances of getting approved. A disability advocate will explain both the medical and non-medical rules for qualifying for disability benefits. They can help you file applications and appeals. Most importantly, they prepare you for a hearing if that becomes necessary. Specifically, your disability advocate reviews your file. They also make sure all the necessary medical evidence has been submitted.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
What is a Disabling Condition? Social Security considers any medical condition disabling if it keeps your form working. However, your conditions also must keep you from working for 12 months or longer. Social Security has a list of specific conditions that will automatically qualify you for benefits, known as the “Blue Book.”
Disabling Conditions Under the “Blue Book”
The Blue Book lists different medical conditions that qualify for disability benefits. However, you must meet certain conditions. Generally, the requirements under the Blue Book describe the most severe cases of any condition. The Blue Book generally categorizes conditions by body system or function. Although there is a separate disability listings for adults and children under the age of 18. Above all they also include a listing for growth impairments.
Listing of Medical Impairments
For adults, medical conditions that qualify for disability benefits include:
Musculoskeletal system, special senses and speech, respiratory disorders , cardiovascular disorders
Digestive system disorders, genitourinary disorders, hematological disorders, skin disorders
Endocrine disorders, congenital disorders affecting multiple body systems, neurological disorders, mental disorders, cancer and immune system disorders
Getting Disability on a Diagnosis Alone
Social Security has very few conditions that qualify you for benefits on a diagnosis alone. These include ALS, an organ transplant and certain cancers. Not all cancers will automatically qualify your for benefits.
How do you Meet a Listing Level Impairment?
The Listings of Impairments set out the requirements for how severe the symptoms must be to qualify you for disability benefits.First, your doctor must diagnose you with a disability found under the listings. Second, Social Security needs to review your medical records. They look at your doctors’ treatment notes and test results. If you haven’t had the clinical or laboratory tests required in the listing, you should ask your doctor to perform them.
Example 1: when your disabling condition meets a listing
For example, Donna has degenerative disc disease and herniated discs in her lower back. Donna requires a walker for standing and walking. She has an MRI documenting both the degenerative disc disease and herniated discs. Her treatment records show that she has limited motion in her lower back. She also has muscle weakness, decreased sensation and positive straight-leg raise testing. Her doctors have continued to document these problems in her records. Donna meets the listing under 1.04 for disorders of the spine.
Disabling conditions and medical equivalence
If you do not meet the specific requirements under the Listings, you can medically equal them. Social Security understands that there are many ways to diagnose and document the same illness. Your disability may “equal’ a listing if it does not quite meet all of the requirements under the listing. For example, the listing may require a specific result on a specific lab test. However, you were given a different test that showed the same results. SSA may find that your disability equals the listing. Medical equivalence can be found if:
Your medical impairment is at least equal in severity and duration
But does not quite match the requirements under the listing.
What if your Disabling Condition isn’t in the Listings?
You can still be found disabled if your disability isn’t found in the listings. Social Security can still find you disabled if you can show that your conditions keep you from working. Some examples of other disabling conditions include: Carpal Tunnel Syndrome; Fibromyalgia; Chronic Regional Pain Syndrome; Reflex sympathetic dystrophy; or Celiac Disease.
What if your Disabling Condition Doesn’t Meet or Equal the Listings?
If your disabling condition doesn’t meet the listings, Social Security considers your residual functional capacity or RFC. Your RFC is what you are able to do despite your medical conditions. An RFC includes both physical and mental limitations. Social Security looks at your medical evidence to determine your RFC. They will also consider RFC forms that are filled out by your doctors.
What Medical Evidence is Considered?
Medical evidence for the period of time that you became disabled and unable to work will be used to determine if you are disabled, it is helpful if your treatment is continuous and ongoing. Firstly, medical evidence can include your treatment notes and physical examinations. Secondly, imaging such as MRIs, x-rays, CT scans or nerve testing. Thirdly, blood work or biopsy results. And, lastly, pulmonary tests or mental health records.
Disabling conditions and your Age
Social Security has special disability rules the older you are. If you are over 50 years old call us immediately to see if you qualify as an older individual. The older you are, the easier it can be to win your case.
For example, Justin, a 57 year old man previously worked as a painter. He needs a cane, applied for disability because he injured his knee, trouble in standing and walking. His medical records include MRIs and x-rays of his knee documenting his injury. His doctors have also documented that he has pain and limited motion of his knee. Since he is over the age of 55, the grid rules allow Social Security to approve his claim.
