Individuals who serve in the military often face a higher risk of experiencing both mental and physical health issues. These problems can persist for a lifetime, significantly impacting their quality of life. Fortunately, veterans who become disabled due to their military service may be eligible for benefits from the Social Security Administration (SSA).
As a veteran, if you’re disabled, you may qualify for the Social Security Disability Insurance (SSDI) program, provided you meet certain work history requirements. Receiving Veterans Affairs (VA) benefits doesn’t disqualify you from other programs. You can receive SSDI benefits in addition to your VA benefits.
This guide aims to assist veterans who are seeking SSDI benefits in addition to other benefits, such as VA benefits. Navigating the process can be complex, but with the right information and resources, you can successfully apply for the benefits you deserve.
Navigating the Social Security Benefit System
You can apply for Social Security Disability benefits in three ways: in person at your local Social Security field office (by appointment), online, or over the phone.
The decision typically takes between 60 and 120 days. Veterans can expedite this process by filing a 1-2-1-95 form, especially for those who began their service after October 1, 2001, regardless of where the disability occurred.
Once submitted, a medical examiner evaluates your application. However, 70% of first-time applicants are not approved. However, if approved, you may be eligible for Supplemental Security Income (SSI) or SSDI.
If denied, you can appeal within 65 days. The first step is to request reconsideration. If unsuccessful, you can then request a hearing before an administrative law judge (ALJ). Legal representation is recommended at this stage.
What is the Difference Between VA Disability and SSDI?
The VA disability system and the SSDI program differ in their recognition and assessment of disability. The VA system acknowledges varying degrees of impairment, with benefits depending on the disability percentage, which ranges from 0 to 100.
In contrast, the SSA views disability as binary, i.e., you are either “fully disabled” or “not disabled at all.” If the SSA reviews your case and finds any reason to believe you are not disabled (for example, if you are working full-time), they may discontinue or deny your SSDI benefits.
Differences in Income and Work Requirements
Eligibility for VA and Social Security benefits differs.
For VA benefits, you need a recent diagnosis of a qualifying condition, an event or illness during military service, and a link between your service and diagnosis.
For SSDI, you must have a potentially debilitating medical condition, be unable to engage in substantial gainful activity (SGA) and have a sufficient work history and Social Security payroll taxes.
Notably, veterans already receiving VA benefits can still qualify for SSDI.
Does Approval for VA Automatically Grant SSDI Approval?
Approval for VA disability benefits doesn’t guarantee SSDI approval as each program has distinct requirements. The VA system pays based on disability degree, while the SSA determines if you’re disabled.
Proving a service-related disability to the VA can be challenging, even with SSDI or SSI from the SSA. Without sufficient proof, the VA may question the cause of your medical condition. It’s recommended to seek professional advice when applying for VA and SSDI benefits.
Can a Veteran Receive Both VA and SSDI?
Yes, a veteran can receive both VA disability benefits and SSDI benefits. However, each program has its own distinct requirements.
The SSA provides SSDI benefits to individuals who are unable to work due to severe medical conditions that are expected to last at least a year or can result in death. A veteran can qualify for SSDI benefits if their disability was caused by an event during military service. However, a veteran does not need to have become disabled during military service in order to qualify for SSDI benefits.
Veterans must meet certain work history requirements set by the SSA to be eligible for SSDI benefits,. Specifically, they need to have at least 40 work credits and 20 of which must have been earned within the last ten years.
Veterans who have been rated as 100% disabled can also have their claim process expedited. However, eligibility for SSDI benefits also depends on factors like age, level of education, and employment history.
In addition to VA disability benefits, if a veteran doesn’t meet the non-medical requirements for SSDI and if they have low income, they can apply for Supplemental Security Income (SSI).
It’s important to note that while the VA system offers payment based on the degree of disability, the SSA views disability as binary – either you are “fully disabled” or “not disabled at all.” However, receiving disability benefits from the VA does not guarantee that you will also receive benefits from the SSA. Each case is evaluated individually, so it’s always recommended to seek professional advice when applying for these benefits.
Resources for Veterans Applying for SSDI
Veterans applying for SSDI benefits may find the application process daunting. During this process, veterans do have the right to appoint a qualified representative to act on their behalf.
However, the SSA often denies claims for benefits, with less than 20% of applicants receiving approval. Common reasons for denial include incomplete or incorrect applications, insufficient medical documentation, and excessive current income.
Engaging an experienced disability advocate or attorney can significantly increase your chances of approval. In fact, with professional assistance, approval rates can rise to 70% at the initial stage of the application process.
These professionals are well-versed in SSA procedures and can guide you confidently through the application process. They can help ensure your application is complete, accurate, and supported by the necessary medical documentation. Remember, each case is unique, so it’s always recommended to seek professional advice when applying for SSDI benefits.
Things to Avoid While Applying for SSDI Benefits
When applying for SSDI benefits, there are several important factors to keep in mind:
Working After Applying
While applying for SSDI benefits, some individuals may believe they can continue working until their application is approved or their condition worsens. However, this approach is not advisable.
The SSA has a specific income limit, known as the SGA limit. In 2023, this limit is set at $1,470 per month for non-blind individuals. If you earn more than this limit, the SSA may consider you capable of SGA and deny your SSDI application. Therefore, it’s crucial to be aware of these guidelines when applying for SSDI benefits as well as the SGA limit whick changes yearly.
Re-Applying vs. Appealing Your Denial
When faced with a denial, many applicants tend to overlook the option of appealing the decision. Instead, they choose to submit a new application form, which is often a significant misstep. The common misconception is that their application was denied due to incomplete documentation, leading them to reapply rather than appeal the decision.
However, it’s crucial to understand that if the circumstances of your application remain unchanged, there’s a high likelihood that your application could face rejection again. Reapplying from scratch means you’ll have to endure the same initial waiting period as before. This can be time-consuming and may delay the process even further.
On the other hand, appealing the decision with Social Security and including any new or missing documentation in your appeal can be a more efficient approach. This way, you won’t have to wait for Social Security’s initial decision again, and your case will continue to progress.
Not Pursuing a Hearing
The SSA is known to deny most claims at the initial or reconsideration level. This is a reality that even severely disabled individuals often face. There can be a multitude of reasons for this rejection. Commonly, it’s due to incomplete application forms or the provision of inadequate details.
However, it’s crucial not to be disheartened by these initial setbacks. The matter should ideally be pursued at least until the hearing level. This is because the hearing stage is where most claims are favorably settled.
According to the Annual Statistical Report for SSDI, for applications filed in 2020, 44% of SSDI applicants receive technical denials. Pursuing an SSDI hearing after initial rejection offers several benefits. It provides a second chance to present your case, allows personal interaction with the decision-maker, and the opportunity to present new evidence.
Legal representation is allowed and can be beneficial. Statistics show higher approval rates at the hearing level. Therefore, it’s advisable to seek legal advice to ensure adequate preparation and representation.
Not Listing All of Your Disabilities
When applying for disability benefits, applicants might question the necessity of listing all their medical conditions, especially when they believe only one condition is relevant. For instance, someone applying for benefits due to a heart issue might wonder why Social Security is interested in their mental health.
However, it’s important to understand that the SSA evaluates the disability claim of an individual by considering all the medical conditions of the claimant. This comprehensive approach is taken because the combined effect of multiple disabilities can often be more significant than the impact of a single disability alone.
This comprehensive evaluation can often be advantageous for the applicant, as benefits are often granted when multiple disabilities are present. Therefore, it’s crucial to provide a complete picture of your health status when applying.
It’s also worth noting that the SSA and VA follow different procedures. The SSA considers the claimant’s entire medical history when deciding whether or not to provide disability benefits.
Not Getting a Receipt for Information You Submit to Social Security
It’s not uncommon for the information submitted to the SSA to get lost. Therefore, it’s crucial to have a system in place to track and confirm the receipt of your submitted documents.
When sending mail to the SSA, the preferred method is to use certified mail with a signed return receipt. This provides you with proof that your mail was delivered and received.
If you’re sending documents via fax, ensure that you receive a confirmation of successful transmission. This serves as a record that your documents were successfully sent.
When submitting information online, make sure to save or print the digital receipt or confirmation page. This serves as proof of your online submission.
Not Providing the Information that Social Security Requests
Applicants often find it challenging to complete the application form provided by the Social Security or Disability office. A common assumption is that Social Security already possesses all the relevant information, leading many applicants to leave parts of their application form blank.
However, this approach can be detrimental and can often result in a denial or a delay. It’s important to understand that if you fail to provide the information that Social Security requests, it can slow down the processing of your application. This could potentially lead to further complications with your claim.
Therefore, it’s crucial to thoroughly fill out the application form and provide all requested information. Even if you believe that Social Security already has certain information, it’s better to include it in your application to ensure a smoother and more efficient process. Avoiding this common mistake can help expedite your claim and avoid unnecessary delays.
Not Following Up on Your Claim’s Status
When filing a claim with the SSA, it’s crucial to stay proactive and regularly follow up on your claim’s status.
As a first step, ensure that the SSA has received all the paperwork related to your claim. This includes not only the documents you initially sent but also any additional documents they may have requested later. It’s essential to confirm that they are not waiting for any further documents from you to ensure there are no delays in processing.
Once you’ve verified the receipt of all necessary paperwork, it’s advisable to follow up every 30 to 60 days to ensure your claim is still being processed. Regularly checking the progress of your claim with Social Security can help you stay informed about any updates or changes.
Securing Social Security benefits may not be an easy task, but with consistent effort and regular follow-ups, you can navigate the process more effectively. Remember, staying engaged and proactive in the process can significantly improve your chances of success.
Conclusion
Navigating the job market can be particularly challenging for veterans who have become disabled. Their opportunities for employment often diminish significantly. However, there is support available.
Injured veterans are eligible to apply for SSDI benefits. Furthermore, they may also be entitled to benefits from the VA. Thus, it’s possible for veterans to receive benefits from both these sources simultaneously, providing a much-needed safety net.
