THE VETERANS GUIDE

TO BENEFITS

P U B L I S H E D B Y

Disabled veterans are able to collectSocial Security disability benefits andveterans disability benefits at the sametime, so disabled vets will usually findthemselves dealing with the SocialSecurity Administration (SSA) at onepoint or another. This can be extremelyhard to navigate on your own. Manyveterans end up turning to a Lawyer toassist them in recovering the benefitsthat they are entitled to. In this book, we'll explain the key aspectsof the Social Security system as well asthe definitive differences that existbetween the two systems.

The SSA and VA systems of disability benefits areseparate and quite different.

How Does Social Security Disability Work?

A person can apply for disability benefitsat a Social Security office or online. Theapplicant will receive an initial decisionwithin three to four months. Veteranswith service-connected disabilities mayhave their cases expedited throughSocial Security’s “Wounded Warrior”program. The applicants’ file is then assigned to adisability examiner. This person is aspecialist who will gather the claimant'smedical records and, then, inconsultation with a physician and/or apsychologist who is assigned to theexaminer's unit, make an approved ordenied decision.

Unfortunately, the decision that is mostcommonly made is a denial. If the claimis approved, the claimant is considered100% disabled, and will be paid eitherSSDI benefits based on their previouswages or SSI benefits based on theamount of income they have (only thosewho have low income and low assetsqualify for SSI). If the claimant is denied, they may followthe disability appeal process and get areconsideration review. Usually, after along wait, the claimant can get a hearingwith an administrative law judge (ALJ).speed up the process.

How Does Social Security Disability Work?

It can take a VERY long time to have ahearing date set. Depending on whichpart of the country the applicant residesin, and how back-logged the localhearing office is, it may take a year orlonger to have a hearing date set. AskingSocial Security to expedite your case fora service-connected disability may help.

How Does Social Security Disability Work?

Differences Between Social Securityand Veterans Disability

One example of a major differencebetween Social Security disability andVeterans disability is that you do notneed to be completely disabled in orderto receive VA compensation. In reality,most veterans who receive VAcompensation do not receive a totaldisability rating. Veterans can receive acompensable rating as low as 10%, andcan even have a rating as low as 0%.

If it escalates into a more serious issue, itcan turn into a compensable disability.Social Security disability does notcompensate disability claimants basedon apartial loss of employability. You areeither totally disabled or not disabledunder Social Security's definition ofdisability.

Differences Between SocialSecurity and Veterans Disability

In the past, another difference betweenthe two programs was due to SocialSecurity's "treating physician" rule. Until March 27, 2017, a "treatingphysician's" medical opinion was given agreat deal of weight. In VA law, the treating doctor's opinion isnot given differential weight, because ofthe important VA rule that decisions bebased on the entire claimant file, so asnot to give any particular evidence extraweight. After March 27, 2017, neither programmeasures the difference to the opinionsof a treating physician.

The short answer is Yes. Unless you arereceiving a non-service related pension,there is no offset to receiving SSDI andVA Service Connected Benefits. AS long a you have served in the military orworked 5 out of the past 10 years, youare eligible to apply for Social SecurityDisability.

Can I Receive both SSDI and VeteransService Connected

Benefits?

If your primary source of treatment is aVA medical center, don't assume that theSocial Security disability examiner who isassigned to your case will be successful i obtaining your VA medical records. TheVA is notorious in some areas for notsupplying needed medical records to theSocial Security Administration (SSA). Beprepared to fight for your records. This isone of the main reasons that it’s advisedto contact an attorney when filing forbenefits.

Medical Records and Social Security

For this reason, it's never a bad idea forvets to personally obtain their medicalrecords themselves so they may turnthese records in to the SSA when theyapply for disability or file an appeal. Oneword of caution, though: never submitanything to Social Security withoutmaking a copy first, since the SSA is fairlynotorious for losing things that havebeen submitted. Learn more about themedical evidence required by SocialSecurity. You can also seek assistancefrom a law firm who cando this leg workfor you.

Medical Records and Social Security

The Role That Attorneys Play

In the Social Security system, an attorneyworks off a contingency-fee basis fromthe second they represent a claimant. Inother words, if they win the case, theyget paid up to 25% [Attorney Fees AreCapped at $] of whatever backpay thatSSA decides it owes the claimant. Thecorollary of this, of course, is that theattorney receives nothing if the case isnot won. An award of VA disability benefits, alsoknown as service-connected disabilitycompensation, is not based on yourincome, so you can receive VA disabilitycompensation and Social Securitydisability insurance (SSDI) at the sametime. There is also a VA pension, which is aneeds-based program similar toSupplemental Security Income (SSI).

The Role That Attorneys Play

In the Social Security system, an attorneyworks off a contingency-fee basis fromthe second they represent a claimant. Inother words, if they win the case, theyget paid up to 25% [Attorney Fees AreCapped at $] of whatever backpay thatSSA decides it owes the claimant. Thecorollary of this, of course, is that theattorney receives nothing if the case isnot won. An award of VA disability benefits, alsoknown as service-connected disabilitycompensation, is not based on yourincome, so you can receive VA disabilitycompensation and Social Securitydisability insurance (SSDI) at the sametime.

VA pension is paid to veterans who havevery little or no income and are disabledbased on non-service disabilities. It isalso possible to receive SSI and VApension at the same time. If you're eligible, it's best to qualify for VAdisability compensation and SocialSecurity disability insurance, since theygenerally pay more generous benefitsthan VA pension and SSI, but you shouldbe aware of the other needs-basedprograms.

The Role That Attorneys Play

There is also a VA pension, which is aneeds-based program similar toSupplemental Security Income (SSI).

If you are currently moving through theSocial Security Disability process, youmay earn up to $1180 per month ingross income and remain eligible forbenefits. Should you exceed thatamount, the Social SecurityAdministration may flag yourclaim and determine that you havereturned to work over the allowedamount, at which point qualifying forbenefits becomes difficult.

Can I work while applying forSocial Security Disability?

There is also a VA pension, which is aneeds-based program similar toSupplemental Security Income (SSI).

In many cases, it may be found that a“failed work attempt” was initiated if youreturned to work earning more than theallowed amount for a few months butthen once again dropped belowtheallowed earnings. Our Attorneys canprovide more information on suchsituations.

Can I work while applying forSocial Security Disability?

Victory Disability is a nationallyrecognized Social Security Disability firmwho specializes in assisting DisabledVeterans to obtain the benefits they’veearned. We have assisted hundreds ofVeterans since 2014 and have receivedover $40,000,000 in retroactive pay andmillions more in future benefits for Vets. Victory Disability maintains an “A+” ratingthrough the Better Business Bureau, aresustaining members of the NationalOrganization of Social Security ClaimantsRepresentatives (NOSSCR), NationalAssociation of Disability Representatives(NADR) and National Organization ofVeterans’ Advocates (NOVA).

Who is Victory Disability?

Our Attorneys have been named SuperLawyer “Rising Stars” in 2019. With 6 full time practicing Attorneys andover 35 support staff, Victory Disability isprepared to handle your claim and getthe job done right. Contact Victory Disability today at (866)350-7229 for a FREE Case Evaluation.

Who is Victory Disability?