Disabled veterans can receive both VA and SSDI benefits. In fact, it is common for veterans to apply for both SSDI and VA disability benefits. However, some veterans receive VA disability benefits before applying for SSDI.
What is SSDI?
Social Security disability insurance benefits or SSDI require that you have worked and earned enough 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. Additionally, you must meet a recent work test. Like other insurance programs, SSDI coverage ends after a certain amount of time from when you stop working. SSDI also requires that your medical conditions keep you from working for at least 12 months. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
What is the difference between VA and SSDI?
Social Security doesn’t offer partial disability benefits. Your medical conditions must prevent you from working on a full-time basis. Unlike SSDI, VA disability benefits don’t require total disability. Veterans receive compensation rates based on the degree of your disability. The compensation rates range from 10-100%, in 10% increments. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
SSDI expedited processing for veterans to receive both VA and SSDI.
Veterans may qualify for expedited processing for Social Security disability claims. You may receive expedited processing under:
100% Permanent and Total Veterans Initiative – you should identify yourself as a “Veteran rated 100% P&T” when filing your SSDI or SSI application. You also should provide the VA rating notification letter to Social Security
Wounded Warriors – if you received disabling mental or physical health injuries while on active duty on or after October 1, 2001, you are eligible for SSDI or SSI expedited application processing. You don’t need to have been injured during combat operations. You should tell Social Security that your injury occurred while on active duty.
What are the medical requirements for SSDI?
First, 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 you don’t meet the listings, 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 determine your RFC. They can also consider the opinions of your doctors. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
What medical evidence do veterans need for SSDI?
Your medical evidence should include records only for the period of time that you became disabled and unable to work. Your treatment should also be continuous and ongoing. The VA and Department of Defense (DOD) share medical records electronically with Social Security. Social Security also considers any treatment veterans receive from civilian doctors. Medical evidence can include:
Treatment notes and physical examinations
Imaging such as MRIs, x-rays, CT scans or nerve testing
Blood work or biopsy results
Pulmonary tests
Mental health records
SSDI “Grid Rules”
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. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
Example 1: applying the grid rules for veterans over age 50
For example, John, a 53 year old veteran, applied for disability due to arthritis in his knees. John underwent a total knee replacement but continued to have pain and swelling in both knees. He previously worked in a factory. John received most of his treatment at the VA hospital. His medical records included MRIs and x-rays of his knees. His doctors also documented that he required the use of a cane due to his symptoms. Social Security found that he could not return to work in the factory. Since he is over the age of 50, the grid rules allow Social Security to approve his claim.
Example 2: applying the grid rules for veterans over age 55
As another example, Chris, a 58 year old veteran, applied for disability due to a right shoulder impairment and degenerative disc disease in his spine. Chris previously worked as a truck driver. However, he was unable to load and unload the trucks due to his pain symptoms. Chris received treatment from both the VA hospital and civilian doctors. His medical records documented his pain symptoms and limited motion in his shoulder and back. Social Security found that he could not return to work as a truck driver. Since Chris is over the age of 55 and he could not return to his past work, Social Security approved his claim.
Working disabled veterans can receive both VA and SSDI.
If you are currently working, you may not qualify for SSDI. 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 SSDI. In 2020, earnings S1, 260 per month or (before taxes) are considered SGA. Although, if you are working part-time and earning less than SGA, you may still qualify for SSDI. However, any work may make it harder for Social Security to approve your claim. Call us now if you are a Veteran and Want to Receive both VA and SSDI
Does active duty affect eligibility for SSDI?
Active duty status or receipt of military pay doesn’t necessarily keep you from receiving SSDI. Social Security evaluates your work activity to figure out your eligibility. You can apply while in a rehabilitation program or attending outpatient programs. It doesn’t matter whether your treatment is in a VA hospital or civilian facility. If you are on limited duty or working in a designated therapy program, you should definitely apply for SSDI.
Does getting approved for Veterans VA benefits help receive SSDI?
Unfortunately, the answer is no. The VA and Social Security have completely separate processes and requirements for approving claims. However, Social Security will consider any evidence the VA used when looking at your claim. Similarly, the VA is required to consider Social Security records. Call us now if you are a Veteran and Want to Receive both VA and SSDI
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.
Related Articles to veterans can receive both VA and SSDI.
VA Benefits Appeal. To win a VA disability claim, a veteran must prove all elements. Generally, VA will approve a VA benefits claim when a veteran proves the following:
In-service event, disease or injury,
Current disability, and
Medical nexus between the in-service event and the current disability.
After you submit your claim, VA is obligated to issue a decision. Based on the evidence, VA may decide to approve your claim completely. Alternatively, VA may either deny the claim outright, or grant your benefits at a low disability rating. Regardless, veterans have the right to appeal any VA benefits decision to a higher authority.
What is the point of an appeal?
VA decision-makers are not perfect. They often make mistakes. For a disabled veteran who is barely making ends meet, VA’s mistakes can be costly. This is why Congress created the appeals system. It gives veterans a fighting chance to correct VA’s mistakes without losing years of benefits.
VA benefits appeals are great because they preserve the earliest effective dates. Take the example of J. Stone, who filed a claim for PTSD in 2011. VA denied his claim in 2013 because they could not confirm the traumatic in-service event. His friends told him to just file another claim. Instead, he consulted the experts at Disability Help Group (DHG).
A DHG representative helped him file an appeal along with evidence of the in-service event. In 2015, VA decided the appeal in Mr. Stone’s favor. As a result, he received a 70% rating effective 2011, the date he filed his claim. He received
Appeals in the Legacy System
The Legacy system refers to the VA appeals structure for decisions issued prior to February 19, 2019. When VA first denies a claim in Legacy, the veteran may appeal with a Notice of Disagreement (NOD). The deadline to file a legacy NOD is 1 year from the date of the decision.
When you file a timely NOD, you are asking a senior VA officer to overrule the previous decision. If the VA agrees with you, then it will issue a new decision awarding benefits. If not, VA will issue a Statement of the Case (SOC) to explain why the previous decision should stand.
Fortunately, an SOC is not the end of the road. Using a VA Form 9, you can appeal an SOC to the Board of Veterans’ Appeals (the Board). Unlike the lower decision, you have only 60 days to appeal an SOC. A VA Form 9 is a request for a Veterans Law Judge to take a fresh look at your case. If the judge finds in your favor, he/she will award benefits effective the date you first filed. If the judge finds against you, then you can appeal to the U.S. Court of Appeals for Veterans’ Claims.
The Appeals Modernization Act changed everything
Any decisions issued on or after February 19, 2019 fall within the Appeals Modernization Act (AMA). If VA denies your claim, or approves it with a very low rating, you can appeal it by filing one of these forms:
VA Form 20-0995 Supplemental Claim, 20-0996 Request for Higher Level Review, or 10182 Notice of Disagreement to the Board of Veterans’ Appeals
Each lane has its pros and cons. Visit this link for more details [Link to the AMA article].
What’s the downside of an appeal?
First, a VA benefits appeal can take a very long time. Take a look at the search results when you Google “VA appeals backlog.” Prior to the AMA, VA took an average of 2.5 years to process appeals.
Second, you may have to appeal several times to get the job done. If your first appeal is not successful, then you should appeal to a higher tribunal (like the Board of Veterans’ Appeals). When you believe in your claim, you should never give up. Don’t let VA win.
Hire an expert to give yourself the best chance to win
Every VA benefits appeal is different. The best indicator of success is having an experienced representative. This is a very complex system. Most veterans are not equipped to force VA to change a decision. Some cases already have the evidence needed to win, but are lacking a good legal argument. Other cases lack both evidence and argument. An experienced representative can plug the holes in your case.
At DHG, our experts review each case with a fine-toothed comb. This is how we figure out the best path forward. We don’t just file a VA benefits appeal and then wait around for VA to act. Instead, we actively develop winning evidence and arguments to deliver for our clients.
Do you need help with your VA benefits appeal? Contact the experts at DHG for a free consultation.
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.
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
You should hire a VA disability lawyer, especially from https://www.lipconlawfirm.com/truck-accidents/. With a budget over $217 billion, the U.S. Department of Veterans Affairs (VA) is one of the largest federal agencies. VA’s disability benefit program was intended to be veteran-friendly. However, for most veterans, applying for VA benefits is a long and frustrating process. A veteran who represents himself is at a huge disadvantage. There are hundreds of rules and regulations about the veteran’s rights and VA’s duties. The process becomes even tougher when VA sends mixed messages, requests information it already has, or issues a decision that completely ignores the evidence.
Do You Have the Expertise?
Most veterans have not studied VA disability law. Even fewer veterans follow the Federal court cases that change the law every year. But without that knowledge, many VA claims are doomed to fail. A VA Disability Attorney’s knowledge and experience can make all the difference. Specifically, an attorney, especially the professionals from https://www.denvercocriminaldefenselawyer.com/, can determine exactly how to turn a loss into a win.
Who Needs a VA Disability Lawyer?
Beeman Heifner Benge – Personal Injury Lawyers says that in this fight, a veteran needs someone who is aiming for the same target. That’s why many of our clients left previous arrangements. Before hiring DHG, many of our veteran clients did not have a VA disability attorney. Some represented themselves. They learned very quickly that VA didn’t share the same urgency and had a different result in mind. Others were represented by a Veteran Service Organization (VSO) such as DAV or American Legion. Because they work out of VA facilities, there is a perceived conflict of interest. Does a VSO work for VA or the veteran?
What is a VA Disability Lawyer’s Role?
Your VA disability claim is too important to risk. When you hire a VA Disability Attorney, you’re hiring your own specialist to get the job done. Most of them work for a contingency fee. They don’t get paid unless they win past-due benefits for the veteran. And because the contingency fee is usually a fixed 20%, the attorney has every incentive to win the largest possible award. Plus, the attorney-client relationship ensures he/she is on your side. Both you and the attorney would be aiming at the same target.
An experienced VA Disability Attorney knows VA’s written and unwritten rules has the knowledge to prepare a game plan to best achieve your objective. Working together with your attorney, you have a better chance to hit your target.
When Should I Hire a VA Disability Lawyer?
Immediately! The earlier you can prove your case the faster you can receive your VA disability benefits. In addition, the VA Disability Lawyer will be able to analyze your disability onset date and make sure you receive the maximum back benefits, according to an experience elder abuse law firm Chicago. Generally, a veteran must prove the following to win a VA disability claim:
Current diagnosis,
In-service event, disease or injury, and
Medical nexus between the first 2 elements.
If you don’t have a medical diagnosis, then you need to see your doctor. Only licensed medical professionals can diagnose medical conditions. Attorneys cannot do so. However, if VA denies your claim for any of these reasons, you should probably hire a VA Disability Lawyer:
Negative medical nexus (“less likely than not”),
No documented proof of in-service event, disease or injury, , or
VA ignored evidence proving all 3 elements.
Which VA Disability Lawyer Should I Hire?
VA Accreditation
Only attorneys who have been accredited by VA can represent veterans in disability cases, as a result, VA holds Disability Lawyers to a high ethical standard. Accreditation reflects VA’s standard for responsible, qualified representation of this nation’s veterans. A searchable database of VA accredited attorneys, claims agents and VSOs is available here.
Experience
Experience makes a world of difference. Since 1993, the National Organization of Veterans’ Advocates (NOVA) has been the leading organization for training and support of VA Accredited representatives. At Disability Help Group, our representatives are long-standing NOVA members. You know what you are looking for, the https://www.sweetesq.com/car-accidents/ has all details you need and you can choose your lawyer easily.
Speak to The Lawyer
There are many firms out there that you never get to speak with the attorney. At Disability Help Group our representative will talk to you and be your main contact during your entire case. When you hire an attorney you should ask:
When will I get to speak with my lawyer?
Who will be my main point of contact?
How many cases has my lawyer won?
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Has VA ever denied your case? You may be entitled to significant compensation. Contact us now for a free consultation.
