Active Military Service and SSDI 

February 6, 2024

By Steve Fields
Principal Attorney

Most people are aware that military veterans can apply for Veteran Affairs (VA) disability and other Social Security benefits. However, a lot of confusion persists about whether active-duty military members can also qualify for disability benefits through the SSA. 

If you are an active military service member and unable to work due to a medical condition, you may qualify for Social Security Disability Insurance (SSDI). Receiving military pay and being in active service does not count as Substantial Gainful Activity (SGA) and won’t be used against you when determining eligibility. 

This article discusses how active military service members can apply for SSDI benefits. 

Can Activity Military Service Members Qualify for SSDI?

Although the Social Security Administration (SSA) does take into account your past and current employment, you may still qualify for SSDI while working as an active military service member if the SSA finds that you are disabled.

On the other hand, if your work activities in the military demonstrate that you are not disabled according to the rules set forth by the SSA, you will not be eligible for SSDI. This is because of the SSA’s eligibility requirements in terms of Substantial Gainful Activity.

According to the SGA requirements, Social Security Disability Insurance eligibility is based on your ability to engage in certain work activities. The Social Security Administration will evaluate your military duty activities if you submit an application for SSDI benefits while serving in the military. These activities will become the deciding factor for your eligibility for SSDI. 

It is highly recommended to file for Social Security Disability benefits if you are on limited duty owing to a disability or if you are working in a designated therapeutic program. 

You must notify the SSA immediately upon any change to your Military Occupational Specialty Code (MOS), Air Force Specialty Code (AFSC), or Navy Enlisted Classification (NEC) to maintain your eligibility for SSDI benefits. 

Proving Your Disability as an Active Military Service Member

SSDI applicants are required to detail the ways in which their medical condition hinders their ability to work. 

You can do this by submitting extensive medical documentation along with your application and by obtaining evidence from vocational specialists who can confirm that your capacity to engage in full-time work has significantly reduced. 

Documentation from the military can be especially useful in proving disability for active military service members. These documents can demonstrate how your medical condition has altered your role in the military if you have recently received a change to your MOS, AFSC, or NEC role. 

Moreover, a diagnosis from a military physician stating that a medical condition hinders deployment can serve as compelling evidence of a disabling condition. 

A combination of medical records and evidence from the military can effectively demonstrate that your status as an active-duty military member does not imply that you can work. 

Medical Records Required to Qualify

If you are unable to work due to a service-connected medical condition, you should apply for both VA disability and SSDI. Since the application processes for both programs are very strict, in order to strengthen your claim, you will need to fill out the application with careful consideration and attach any necessary documents. 

When filing a claim, it is important that you compile a comprehensive record of all of your healthcare providers, including their names, contact information, and dates of service. Comprehensive medical records are key to a successful SSDI claim. 

In order to prove the diagnosis, the severity of your condition, and the resulting functional limitations, you will be required to produce the results of all testing, including x-rays, MRIs, CT scans, laboratory work, neurological tests, and any other tests that confirm the diagnosis. You will also need doctor’s notes to back up your claim. 

If you want your disability claim to be successful, you will need your primary physician’s assistance. Your claim may have a better chance of success if your doctor certifies your disability in writing. 

They must also provide specific information about the severity of your symptoms and how they are impacting your capacity to work. 

Your claim is likely to satisfy the medical requirements for eligibility if the supporting medical paperwork verifies the diagnosis and demonstrates that your employment abilities are limited. 

Nevertheless, you must remember to be extremely specific and provide a precise description of the ways in which your medical issues hinder or limit your activities. 

Differentiating Between SGA and Active Military Service

Before approving benefits, the Social Security Administration requires confirmation that an individual is unable to work a full-time job due to a medically determinable illness or injury. 

According to Section 404.1505 of the Code of Federal Regulations, a debilitating condition is defined as a condition that hinders an individual’s ability to engage in substantial gainful activity. 

Many service members are mistaken in thinking that they are ineligible for SSDI benefits simply because they are on active duty. It is also important to note that being deployed is not the same as being on active duty. 

Some service members may be dealing with a non-service-related injury or sickness, while others may be dealing with a new medical issue related to their military service. 

This condition could prevent them from being deployed, even if the military may maintain them on active duty in the hopes of an improvement. 

Expediting Your SSDI Claim as a Military Service Member 

If your injury occurred while you were serving in the military, your application will be expedited by the Social Security Administration under the provision for wounded warriors. The term “wounded warrior” is used to describe any service member who became disabled after October 1, 2001.

Your injury doesn’t need to be directly connected to your military service; however, the SSA does need you to be on active duty at the time of injury. It is important to exercise caution when explaining your circumstances to SSA, especially if you are actively deployed at the time of application.

Conclusion 

While the SSA follows different guidelines compared to military disability standards when it comes to granting SSDI benefits, it can provide valuable support to service members and their families during challenging times. 

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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