Social Security Disability Benefits for Veterans
Social Security Benefits for Disabled Veterans
Veterans who have served in the United States Armed Forces often experience difficulty returning to work because of injuries they suffered while serving the country. Many others become disable while working civilian jobs. In many of these cases, veterans may be considered legally disabled.
A disabled veteran may not only be entitled to benefits from the United States Department of Veterans Affairs (VA), but could also be eligible for Social Security Disability (SSD) Insurance benefits. Certain veterans may even be entitled to expedited processing of their SSD applications.
If you or a loved one is a veteran who needs assistance filing an SSD claim in Kentucky, it is in your best interest to get help from an experienced disability lawyer. Failure to act now can result in lengthy delays with the processing of your application and may take longer for you obtain benefits.
The Paul Baker Law Office provides help with SSD claims for veterans in Barbourville and surrounding communities in Kentucky. Call us now or complete an online contact form to discuss your legal options during a free consultation.
VA Disability vs Social Security Disability for Veterans
The VA and the Social Security Administration (SSA) use two different methods of determining disability. The amount of VA benefits paid is based on an evaluation of the severity of a veteran’s disability, which is determined by the evidence they submit as part of their claim or that the VA obtains from their military records.
The VA rates disability from 0 percent to 100 percent in 10 percent increments. When a veteran has more than one disability, the VA uses a combined ratings table to determine a veteran’s disability rating. This is not simple math.
When the VA combines ratings to determine a disability rating, disabilities are arranged in order of severity and then combined with the use of a combined ratings table. The degree of one disability will be in the left column and the degree of the other in the top row. The space where the column and row intersect represents the combined value of the two.
The combined value is rounded to the nearest 10 percent, such that a combined value of 65 becomes 70 percent. According to the VA, if it finds that a veteran has multiple disabilities, it uses the combined ratings table to calculate a combined disability rating. “Disability ratings are not additive, meaning that if a Veteran has one disability rated 60% and a second disability 20%, the combined rating is not 80%. This is because subsequent disability ratings are applied to an already disabled Veteran, so the 20% disability is applied to a Veteran who is already 60% disabled.”
Who Is Qualified for Veteran Social Security Disability?
The SSA considers a veteran “disabled” under Social Security rules if they cannot do work that they did before, the SSA decides that the veteran cannot adjust to other work because of their medical condition, and the veteran’s disability has lasted or is expected to last for at least one year or to result in death.
The SSA uses a five-step process to determine if a veteran qualifies for benefits:
- The veteran cannot be gainfully employed, which, as of 2018, the SSA has defined as earning $1,180 or more a month from working or $1,970 for blind people.
- The veteran’s condition is severe enough to interfere with basic activities of work they are qualified to do.
- The veteran’s condition is on the list of disabling conditions in the SSA’s “Blue Book,” and they will be disabled for more than 12 months or their condition will result in death.
- The veteran is not able to do the work they had been doing before the impairment.
- The veteran cannot perform any other type of work.
A veteran can receive SSD benefits and remain on active duty. A veteran should contact Social
Security immediately if there is a change in their Military Occupational Specialty code (MOS), Air Force Specialty Codes (AFSC), Navy Enlisted Classification (NEC), or a permanent change of station (PCS), as changes in a veteran’s work status can affect their SSD benefits.
Expedited SSD Benefits Processing for Veterans
The SSA states that veterans who have a VA disability rating of 100 percent permanent and total (P&T) can receive expedited processing of SSD applications. The SSA claims that it automatically identifies most veterans who meet the VA 100 percent P&T disability rating, but there may be occasions when veterans have to self-identify and provide proof of the VA notification letter.
According to the SSA, approximately 621,000 veterans received disability insurance benefits in a single recent year. A 100 percent P&T disability rating does not guarantee that a veteran will be approved for SSD benefits, but it will mean that their case is granted a higher priority status and the review should move more rapidly than other SSD claims.
When a veteran applies for SSD benefits, they will need to identify as 100 percent P&T. If a veteran applies over the phone, they should be sure to mention this to the Social Security representative. When an application is completed online, “Veteran 100% P&T” should be entered in the “Remarks” section of the application.
The amount of time an expedited SSD claim will take to process can vary depending on several factors. The nature of a veteran’s disability, how quickly the SSA receives medical evidence, and the need for medical examinations can all impact how long a claim takes to be resolved.
Contact a Kentucky SSD Attorney for Help With Veterans Benefits Today!
Many veterans face enormous challenges in finding employment upon discharge from the military. When a veteran is unable to work because of a disability, they can be entitled to federal benefits.
Both SSD and VA benefits application processes can wear on an individual, and any number of issues can arise that make it difficult for veterans to get the benefits they need and earned.
Do you need help filing an SSD claim in Kentucky? Make sure that you get help from a qualified attorney before submitting your application. Active duty status and receipt of military pay may not prevent payment of SSD benefits, and receipt of military payments should never prevent a veteran from applying for SSD benefits.
The Paul Baker Law Office will work tirelessly to help you obtain the SSD benefits you need and deserve. Call us or contact us online for a free claim review today.
