How To Apply For Va Disability Benefits – Some veterans receiving VA disability benefits may also qualify for Social Security disability. These are two separate benefits, awarded through the Department of Veterans Affairs and the Social Security Administration respectively, so veterans will need to apply for each separately.
The main difference between veterans’ disability and Social Security disability is that the VA awards benefits based on different degrees of disability, while the SSA determines whether an applicant is disabled or not. Whether or not you receive full Social Security benefits.
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It’s also important to note that VA disability compensation will count as income and potentially reduce your Social Security payments.
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The attorneys at Hill & Ponton have put together this guide for veterans seeking Social Security disability benefits in addition to their VA benefits.
Veterans may be eligible for two types of Social Security benefits: Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). SSA expedites applications for veterans who became disabled during active military service on or after October 1, 2001, and veterans with 100% permanent and total disability status.
The Social Security Administration does not consider your VA approval when determining your eligibility for Social Security disability. While there was a time when a high VA score helped changes in SSA approval, SSA changed that in 2017. Also, SSA will not consider your discharge status or if your disability is connected to military service.
SSI benefits provide income to people who are disabled, blind, or over the age of 65 and demonstrate financial need. In other words, SSI is based on income. There are very restrictive restrictions on the assets you can have and what income you can earn and receive these benefits.
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When applying for SSI, veterans should keep in mind that VA disability compensation counts as income and will reduce their SSI payments.
If you have worked and paid enough Social Security taxes and are disabled, you may be eligible for SSDI benefits. These benefits are also called Disability Insurance Benefits (DIB). The total payment you receive will generally depend on what you have paid into the system through withholding Social Security taxes.
Again, while the VA awards disability benefits for partial or short-term disability, the SSA does not. Veterans must meet these requirements in full to be eligible.
In some cases, the applicant’s condition will improve and SSA would no longer consider him or her disabled. In this case, the veteran will qualify for a “closed period of disability.” Requirements include:
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When processing SSI and SSDI applications, the SSA considers whether you can engage in substantially gainful activity (SGA). The SGA limit for 2021 is $1,310 per month. If you earn more than this amount, you are engaged in substantial work and will not qualify.
The evidence you gather for your SSI and SSDI applications is similar to that for your VA disability claim.
You will also need personal documents, including your original birth certificate and social security card when you apply. If you have questions about specific information you need to collect, call your local Social Security office.
As you fill out your Social Security disability application, there are some best practices to keep in mind.
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Some types of Social Security benefits don’t start until one month after you file. Waiting to file may miss out on benefits you’re entitled to.
You should always object at least through the hearing level. Also, if you are denied by a judge, then you will need to file a new claim. If you are disabled, don’t stop fighting until you get your benefits.
If you have your own doctors, get evidence from them to support your claim. Never go to Social Security appointed doctors if you don’t have to. Your doctors will be more familiar with you and your condition.
The law requires the Social Security office to try to get information from your doctors before they send you to their doctors.
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Often people don’t take the time to fill in the forms completely or report all the problems they have, including psychological problems. Social Security needs to know about all of your problems in order to make a fair decision on your case.
This is one of the most important forms you will fill out. Remember, to determine whether or not you are disabled, Social Security will first decide whether or not you can do your old jobs. This means all jobs you have performed for 6 months or more in the last 15 years.
That’s why it’s so important that they know all the hard parts of your previous job, especially the heavier objects you had to lift or carry and the extremes of having to walk or be on your feet. Please take the time and really think about the requirements in your previous jobs. Make sure these challenges are clearly stated on the form
As with VA disability benefits, getting Social Security disability isn’t always easy. Here are some tips for a successful outcome.
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It is very difficult to find yourself disabled under the Social Security program. However, working while applying for benefits makes it much more difficult to prove a claim, delays the claim and often automatically disqualifies a person.
The only exception made for a person with a work disability is if the person is legally blind. They have their own set of complicated rules and regulations. However, for everyone else, if you earn about $1,310 (2021) a month or more, you are automatically disqualified from receiving benefits.
Your claim won’t even be medically reviewed because technically, you can’t qualify. Additionally, if you earn less than $1,310 (2021) per month, although your application will be accepted, your chances of being approved decrease significantly and your processing time increases.
If you stop working after filing, or if you attempt to work after filing, it means more work for the Social Security representative, which causes additional delays in processing your claim.
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Choosing your “disability start date” is a key factor in proving your disability claim. There are many factors to consider when choosing a date, and one that can be proven. This is not a cut and dry decision. However, what is true in most cases is that if you choose a disability date before the date you stopped working full time, your claim will be delayed and likely denied
We know that continuing medical care can be easier said than done when you’re unemployed and uninsured. However, the only way you can prove your disability claim is to have the necessary medical evidence to prove that you have disabling medical conditions. You must also show that these conditions are serious enough to require ongoing medical care and cause ongoing limitations that prevent you from working.
In most cases, Social Security will not accept your financial hardship as a reasonable explanation for the lack of treatment. Rather, the general thinking is that if you really need treatment, you will find a way to get it, either through a clinic or county program, borrowing money, or setting up a payment plan to get the treatment you need. The bottom line is that continued medical care will be critical to proving your disability claim.
In relation to the advice above, it is just as important to comply with the medical treatment prescribed by your doctor than to have it. To win your disability claim, you must prove that despite complying with your medical treatment, you are still unable to work.
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The point is: are you doing everything you can to comply with the treatment your doctor has prescribed?
If you disagree with your doctor’s recommended treatment plan, then you should discuss this with your doctor. They can then document this and explore possible treatment alternatives.
The date of your disability, known as the ‘start date’, is the date you claim your disability started. When you have earnings after this date, it can cause a significant delay in processing your claim. And in many cases, these earnings can cause your claim to be denied. Earnings don’t always come from work. They can also arise from other sources such as:
It is important to remember that if you have earnings after the date you claim you became disabled or stopped working, you should proactively clarify the source of the earnings and submit proof of the same.
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Sometimes people think they can apply for benefits, wait and see what happens, and then if they’re approved or if their condition gets worse, then they’ll stop working. This is wrong, as most claims are rejected almost immediately when the person is working and making over $1,310 (2021) per month.
Many times when claimants apply and are denied, they will let the appeal lapse and re-apply. This is a serious mistake.
People often think they were denied because they forgot to include some important information when they applied, so they will decide to reapply instead of appealing their existing denial. The truth
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