Can I Collect  Both Veteran Disability and SSDI?

November 29, 2023

By Steve Fields
Principal Attorney

Many veterans who have served their time in the army are unfortunately left with some form of disability as a result of their service. As such, one may wonder whether it’s possible for them to receive Veteran Affairs (VA) benefits and Social Security Disability Insurance (SSDI) at the same time. 

Yes, it is possible for someone to receive both VA benefits and SSDI benefits at the same time. However, it’s important that they meet the eligibility criteria for both programs in order to be granted benefits.

Read below for more information on how you can receive both VA and SSDI benefits.

Difference Between VA Disability and Social Security Disability

The main difference between disability benefits provided by the VA and those provided by Social Security is that the VA recognizes varying degrees of disability, whereas Social Security uses an all-or-nothing approach when determining disability. Veterans Affairs disability ratings range from 0% to 100%.

But the Social Security Administration has a far more binary view of disability: you’re either totally disabled or not at all. If the Social Security Administration (SSA) reviews your case and determines that you are able to engage in Substantial Gainful Activity (SGA) (earning more than $1470 per month in 2023), they will reject your disability benefits application. The SGA does change yearly, so be sure to check the site.

Criteria for VA and Disability Benefits

To be eligible for VA disability benefits, you must show: 

  • Existing diagnosis of a qualifying disability; 
  • An in-service event, accident, or medical condition; 
  • A connection between the diagnosis and the in-service incident.

To be eligible for SSDI disability benefits, you must show that:

  • You have a medical condition that the Social Security Administration considers to be potentially disabling; 
  • You are unable to engage in substantial gainful activity; and
  • You have worked long enough and paid enough in payroll taxes to Social Security.

Can I Collect Both Veteran Disability Benefits and SSDI? 

Those who enlist in the United States military run the risk of experiencing mental and physical disabilities for the rest of their lives. The Social Security Administration may provide disability compensation to these veterans if they qualify. 

Veterans who are already receiving benefits from the VA may also be eligible for SSDI. To be eligible for Social Security Disability Insurance, a veteran must satisfy the work requirements of the SSA, including having worked for a minimum of five out of the past 10 years.

Sadly, if a veteran is getting a pension from the VA and does not fulfill its requirements for a work history, the veteran is not qualified for SSDI benefits and may only qualify for Supplemental Security Income (SSI) benefits. 

It is also important to note that the Supplemental Security Income program is means-tested, so a veteran receiving a pension may no longer be eligible for further benefits from the Social Security Administration.

Does Receiving VA Benefits Affect Social Security Disability?

There is no need-based eligibility requirement for VA disability compensation payments; therefore, receiving benefits from Social Security or another program will not affect your VA disability eligibility. The amount of money you’ll get depends on how disabled you are and other considerations, such as if you have any dependents. 

The Social Security Administration does take some income into consideration when assessing eligibility for Social Security Disability Insurance benefits; only the claimant’s earned income is taken into consideration. VA benefits are not considered earned income. 

Therefore, the veteran’s VA income won’t count against them when applying for SSDI if they meet all other eligibility requirements.

To be eligible for benefits, applicants must go through a separate application process and meet certain medical and work requirements.

How Having Both SSDI and VA Benefits Can Help You

There are a lot of disabled veterans who aren’t aware that they can also get Social Security Disability Insurance benefits. 

However, veterans who are already receiving benefits and have a disability rating of 70% or higher could be eligible for SSDI with less hassle and more support. Veterans who are considered totally disabled can benefit in a variety of ways when going through the SSDI application process, including:

Expedited Application Process

Applying for Social Security Disability Insurance is a time-consuming process that might take several months to more than a year. 

Fortunately, people who have served in the military and became disabled as a result of their service after October 1, 2001, are eligible for an expedited SSDI application process. You might get a response from the SSA in a matter of weeks instead of months.

Higher Chances of Approval 

If you are a veteran and already have a disability rating of 70% or higher, you’ve got a better chance of having your application for SSDI benefits approved. Basically, the Veterans Affairs Department has already vouched for your inability to work due to a disability, so the SSA just needs to confirm your other qualifications. 

Coverage Under Multiple Health Insurance Plans

If you are a veteran, you can get health care from Veterans Affairs through TRICARE. And then there is Medicare, which is a national health insurance program that covers elderly individuals and those with disabilities. In fact, you can supplement your TRICARE coverage with Medicare benefits via SSDI for even more comprehensive medical coverage. 

Continued VA Benefits

In order to qualify for SSDI benefits, you cannot engage in SGA, which limits the amount of income you can earn. 

However, this restriction does not apply to Veterans Affairs benefits received for disability or other non-work-related military compensation. This means that you can increase your monthly income by collecting benefits from both programs. 

Can I Appeal a Denial of VA or SSDI Benefits?

You have the legal right to request that the decisions made regarding your claim be reviewed by filing an appeal. You can appeal the denial of your VA disability claim by filing a Notice of Disagreement and supporting it with additional information. 

You are required to present the notice to the local office of VA affairs, where they will conduct another review of your claim. The deadline to file an appeal is one year from the day you received the initial claim decision.

With regards to appealing an SSDI claim, you can do so at any Social Security Administration office in your state. They will review your case again. Otherwise, you can request that an Administrative Law Judge hear your case by filing an additional appeal. 

Conclusion

To sum it up, it is possible to receive both SSDI and VA benefits, but the claimant must satisfy the eligibility criteria for both programs in order to do so. If you’re looking to maximize your chances of receiving both benefits, you must submit all the necessary documentation in a timely manner and follow the SSA’s guidelines.

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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