Va Disability Rating And Social Security

Many veterans come to us with a VA Rating of 100 Permanent and Total Disability and expect to easily win an SSA claim for disability.

Va disability rating and social security. In past decisions federal circuit courts found that VA disability ratings were entitled to great weight. In contrast the Department of Veterans Affairs VA awards benefits for partial and total disability so you can still be able to work and collect VA disability compensation. These men and women would receive Social Security disability benefits in addition to monthly VA compensation. A reader whos a 100 disabled veteran asked us if its possible for him to get Social Security disability benefits.

In some cases your VA rating can be wholly ignored. VA disability compensation is not considered income and therefore does not affect your Social Security Benefits nor does Social Security reduce your VA disability compensation. Some veterans who possess a VA rating of 100 permanent and total disability may qualify for expedited Social Security claims. Social Security disability for veterans is easier to get if you have a 100 permanent and total PT VA rating.

Though Social Security and the VA have similar aims there is a profound difference in the way that each system defines disability. This is because VA benefits are based on your service related disabilities and not on your income the way Social Security Disability benefits are. SSA does not even consider the VAs rating when deciding whether someone qualifies for Social Security Disability benefits. Your VA rating can be anywhere from 0 to 100.

Unfortunately the VAs 100 rating means NOTHING to SSA when deciding a claim. Some wounded warriors and Veterans who have a compensation rating of 100 PT are unaware that Social Security may expedite the processing of their disability claims. Your VA Disability payment is going to be determined by your VA Disability rating. However your PT rating from the VA doesnt guarantee that you qualify for SSD benefits.

If you have a permanent and total disability rating from the VA you still have to prove your disability to Social Security. Other vets may qualify for help too. Even if you have a 100 rating from the VA you may still have to fight for disability from Social Security. You must be unable to do substantial work because of your medical conditions.

These veterans who have become disabled may be entitled to receive disability benefits from the Social Security Administration. The Social Security Administration was faced with court rulings made in different district courts interpreting rules written by social security in different ways with regard to the impact on a SSDI claim of a favorable VA award for IU or 100 rating. The amount you receive in Social Security Disability benefits is dependent upon how much you paid into the system while working. Moore 418 F2d at 1226 Circuit Courts have afforded varying degrees of evidentiary significance to a disability determination by VA ratings as it relates to SSA disability determinations.

Veterans can claim both VA Unemployability benefits as well as Social Security Benefits at the same time. In the past if you were the recipient of a very high VA rating 70 or higher your chances for success on your Social Security disability claim were quite good. Social Security Disability SSDI for Veteran Americans who engage in military service can suffer from mental and physical side effects lasting a lifetime. In fact ALJ judges no longer even have to mention the VA rating in their decision letters.

Therefore you can get both benefits at the same time. The answer is yes. Those Social Security disability benefits are based on previous earnings and usually replace wages and salaries on less than a one-to-one basis Even after veterans reach full retirement age VAs disability payments continue at the same level. You are either 100 percent disabled or youre not.

Social Security requires that you be unable to do any type of significant work in order to receive disability benefits. To be approved for Social Security benefits you must meet Social Securitys definition of disability To be found disabled. With the VA each component of your disability is given a rating based on the severity of the condition. Prior to March 27 2017 - VA disability determination must be accorded substantial weight in Social Security Disability proceedings.

Veterans can receive over 3400 a month if they have dependents and obtain a 100 VA Disability rating. Be sure to ask about this when applying for SSA options and make sure you self-identify on all application paperwork as a 100-VA rated disabled veteran. A VA compensation rating of 100 Permanent and Total does not guarantee that you will receive Social Security disability benefits. VA disability compensation also does not affect Social Security Disability Insurance benefits or SSDI.

And as a 100 disabled veteran the Social Security Administration SSA will speed up your claim review.