GET SSDI WHILE RECEIVING VA DISABILITY

Disabled veterans usually receive disability benefits from the Veterans Administration (VA). These veterans have also paid into Social Security Disability Insurance (SSDI) while in the military. Therefore, they are potentially eligible for both VA benefits and SSDI benefits. However, Social Security has very different rules compared to the VA.

The principle difference between SSDI and the VA is that the VA does not require total disability to receive a benefit. In fact, most veterans who receive a disability benefit do not have 100 percent disability. The VA can pay a percentage of disability, such as 50 percent, 70 percent, etc. However, Social Security only pays for total, long term disability. And SSDI defines "total disability" as being unable to perform any type of full-time work (which they call "Substantial Gainful Activity" or SGA).

Getting approved for SSDI benefits amounts to proving that you are not able to work. This can be based on either a physical or mental impairment, or both. (With the VA, it isn't necessary to prove that you can't work to get a benefit). So, the Social Security rules are more strict.

It's probably best to work with an advocate/attorney who is familiar with Social Security's rules and procedures. The process of getting SSDI benefits for veterans is the same as getting them for any other claimant.

Common Questions & Answers

• Will Social Security accept a VA disability award as proof of disability?

No. SSDI rules are totally different and must be proven using their own rules.

• Will getting SSDI benefits reduce VA benefits in any way (or vice versa)?

No. Benefits from one administration will not reduce benefits from the other.

• Does a 100 percent VA benefit have any advantage with Social Security?

Yes. While a 100 percent VA award does not guarantee approval by SSDI, it can be used to get expedited Social Security processing. Simply put, the claim will be decided sooner.

• What does it cost to get an attorney/advocate's help with SSDI?

There is no upfront cost to get professional representation for your SSDI claim or appeal. A fee can be charged only after the claim is won and back payments have been awarded. In that case, the US Government will deduct the attorney's fee from back pay and pay the attorney directly. If there is no approved back pay, there cannot be an attorney's fee.

One final note: Most SSDI claims (even for veterans) are initially denied. Most of the time an appeal is required to get the claim approved. Just because you get a denial does not mean that you aren't qualified for benefits. It means the system is flawed and you need to go further to cut the red tape and get a more fair decision. We know how this done. Contact us for a free consultation with no ob ligation. Remember, we charge no fee unless you win!

The Forsythe Firm

Serving Alabama and Tennessee

Social Security Disability Specialists

Consultation Line: (256) 799-0297