The Basics About Disability Benefits
The SSDI program pays benefits to you and certain if you are insured. This means that you worked long enough and recently enough – and paid Social Security taxes on your earnings. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources.
While these two programs are different, the medical requirements are the same. If you meet the nonmedical requirements, monthly benefits are paid if you have a medical condition expected to last at least one year or result in death.
Legal Experience Wins Benefits
Additionally, Dianna Cannon is certified by the Veterans Administration to help veterans win benefits. She has won service-connected benefits for many Veterans, along with their SSDI benefits. You should contact us for help today. Not many law firms understand the VA compensation process and the Social Security appeal process. We are one of just a few law firms who have years of legal experience with both systems and we are near you.
Take advantage of our free review of your case. Call and we will answer your questions. You can explain why your medical condition prevents you from working. We will be able to tell you if you qualify for benefits, because we are experts in SSDI benefits. And, we will do our best to win your benefits and make the process easy for you.
Call today. When you call, tell us what symptoms you are experiencing. Also, be ready to tell us about your doctors. We also want to know if you are getting treatment for mental conditions, like anxiety or PTSD. Are you getting treatment at the VA? Find out now if we can help you obtain SSDI benefits and veteran benefits. Contact us for a free review of your case. Put our years of legal experience to work for you. We want to help you. Contact us now.
Dianna Cannon and her team were professional, helpful, organized and did an amazing job at helping me get my Disability benefits. I’m really grateful for all that they did and I highly recommend them for others needing help getting their benefits. – Tyla Newbold
Va Burial And Plot Allowances
Surviving spouses and dependents may qualify for allowances to help pay for a veterans burial and funeral costs. You may be able to get Veterans burial allowances if youre paying for the burial and funeral costs and you wont be reimbursed by any other organization, like another government agency or the Veterans employer. If the Veteran died of a service connected disability ON or AFTER September 11, 2001, the maximum VA Burial Benefit Allowance is $2,000 or $1,500 for a Veteran who died of a service connected disability BEFORE September 11, 2001.
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Apply For Benefits Online
You should apply for disability benefits as soon as you develop a disability. Follow these easy steps to apply online for disability:
- To start your application, go to our Apply for Benefits page, and read and agree to the Terms of Service. Click Next.
- On that page, review the Getting Ready section to make sure you have the information you need to apply.
- Select Start A New Application.
- We will ask a few questions about who is filling out the application.
- You will then sign in to your personal mySocial Security account, or you will be prompted to create one.
- Complete the application.
You can use the online application to apply for disability benefits if you:
- Are age 18 or older.
- Are not currently receiving benefits on your own Social Security record.
- Are unable to work because of a medical condition that is expected to last at least 12 months or result in death.
- Have not been denied for disability in the last 60 days.
Note: If your application was recently denied, our application is a starting point to request a review of the determination we made.
You may be able to file online for SSI at the same time that you file for SSDI benefits. Once you complete the online process described above, a Social Security representative will contact you if we need additional information.
Quick Breakdown Of Ssa Benefits
- Earned by working/paying into the SSA system
- Four credits per year must be earned
- SSI is a benefit that is reduced by other forms of income/compensation that exceeds program guidelines
- SSDI is a program that is not reduced by VA benefit payments
Lets compare that to VA medical benefits paid to those with VA-rated disabilities.
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How Does Ssa Determine Whether A Military Member Is Disabled Or Not
The SSA uses a step-by-step process to determine your eligibility for benefits, which includes the following five questions:
- Are you currently working? If you earn more than the current Social Security income threshold, you may not qualify for disability benefits. See the current social security income thresholds here.
- Is your condition severe? It must interfere with your ability to perform basic work-related activities for at least 12 months.
- Is the condition found in the SSA list of qualifying disabling medical issues? If it is not, the SSA will determine the severity on a case-by-case basis.
- Can you do the same job you did before? The SSA will assess your remaining ability to do work activities and compare that with the demands of your recent jobs.
- Can you do another type of work? The SSA will base this decision on your age, education, previous work experience and your medical conditions.
When Youre 100% Va Disability But Denied Ssdi
Because youre working with separate entities and differing requirements, you can have a 100% VA disability rating and be denied Social Security disability benefits. The most common reason the Social Security Administration denies disability benefits is because the applicant continues to work and makes too much money. Its also possible that the SSA couldnt find you in its system or didnt recognize the severity of your injury.
You can appeal if you believe the SSDI decision is unjust, but you generally only have 60 days from receiving the denial letter to do so. That means you need to act quickly. A Social Security disability lawyer can assist you through the process.
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Ssi/ssdi And Va Disability Benefits
Veterans may be eligible for Supplemental Security Income or Social Security Disability Insurance , in conjunction with, or as an alternative to VA disability payments. They may also use the Medicaid and Medicare health benefits that come with SSI/SSDI to supplement VA health services.
The definition of disability and application process is different for SSA and VA disability benefits, and Veterans may begin receiving SSA benefits while they are waiting on a VA benefit decision.
Va Disability Compensation Pay At The Max Rate
Perhaps the very best benefit available to 100 percent disabled veterans is VA disability compensation pay. If you have a disability condition that was caused or made worse by your active-duty military service, you may be eligible to receive tax-free monthly compensation for life. Veterans can prepare and file their own VA disability compensation claim for FREE by opening a Notice of Intent to File on the VA.gov website for a VA disability increase or first-time filer. An Intent to File puts the VA on notice that youre planning to file a VA claim, which is important because it sets an effective date for when you could start getting benefits while you prepare your disability claim and gather supporting documents . Click HERE to view the 2023 VA disability pay chart.
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Not Getting A Receipt For Information You Submit To Social Security
It is a mistake to trust that Social Security received the information that you submitted. Unfortunately, Social Security often loses information that is sent to them and/or that they receive. We recommend that all correspondence mailed to Social Security be sent via certified mail with a signed return receipt requested. If you submit information online, get an electronic receipt, and keep your fax confirmation if you fax any materials.
Woods And Woods Can Help
Regardless of the differences between the VA and the Social Security Administration, you deserve all of the compensation coming to you. Woods and Woods can help. Contact us to file an initial claim or appeal a decision. You dont have to seek the help you deserve alone.
All of our attorneys are VA-certified. Call us and join the thousands of veterans we have helped to receive the VA disability benefits they deserve.
Talk to Us About Your Claim:
FREQUENTLY ASKED QUESTIONS
Will I be taxed if I receive VA disability and SSDI?
You will not be taxed on your VA disability compensation. However, you may be taxed on your Social Security benefits, depending on how much you qualify for.
Can I receive VA disability and be denied SSDI benefits?
Yes, you can. The VA and the Social Security Administration are separate entities with different requirements for benefits.
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Some Background On Va Benefits Compared To Social Security Disability
VA compensation for medical conditions, injuries, and other issues is conditional. The VA must determine that your medical issues are service-connected or service-aggravated and award a disability rating on that basis.
VA disability pay requires the veteran to submit medical documentation, evidence , civilian care records, etc. A VA medical claim is reviewed by the VA. Compensation is awarded on a scale of percentages with a maximum award of 100% disability.
Do P& t Benefits Affect Retirement Benefits
TDIU benefits can be granted as temporary or permanent. Your rating decision letter will indicate if your TDIU benefits are permanent.
If you are awarded permanent TDIU benefits, it will not affect your eligibility for Social Security retirement benefits.
P& T disability ratings are awarded when a veterans service-connected disabilities are not expected to improve. P& T ratings are considered temporary, but they are protected from any future rating reductions.
A 100% rated P& T disability does not guarantee that you will receive Social Security retirement benefits. However, veterans with 100% P& T may ask for their application for Social Security retirement benefits to be expedited.
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Coordination Between Va And Ssa
VA and SSA are required by law to share the following types of information:10
- Medical evidence and hospital records.
- Disability determinations.
- Benefit receipt and payment amounts.
In processing a DI claim, a DDS requests the medical evidence it deems necessary from service providers. A DDS may request records from a VA regional office or a VA hospital. In 2010, SSA made an estimated 154,000 medical record requests to VA for over 100,000 claimants.
In turn, VA directs its medical-evidence requests to SSA at one of two centralized locations: the National Records Center, for information on claimants older than age 55 and the Operations Megacenter, for records of those aged 55 or younger. VA generally requests records by fax, but SSA has tested and is rolling out a process by which medical evidence is requested by and returned to VA through the Government Secure Online Messaging System.
Generally, both SSA and VA are required to consider the other agency’s disability decision in making their own determinations, although neither agency’s decision is binding on the other.11
SSA provides Social Security number verification, Social Security and SSI benefit status, and limited payment histories to the VA via its Federal Online Query system. VA provides beneficiary data to SSA through a data exchange agreement. SSA and VA use the benefit receipt and payment data as income verification for their respective means-tested programs .
Allowance Rates By Level Of Adjudication
SSA has several levels of adjudication: the initial DDS determination and three levels of appeal. The successive levels for appeals are reconsideration, ALJ hearing, and the Appeals Council.20 After exhausting SSA appeals, cases can be taken to the federal courts. This section examines allowance rates at each level and compares the results with those for disabled-worker DI applicants from the general population in calendar year 2003.
Chart 16 shows that at each of the first three levels of adjudication, as well as overall, veterans with a 100% VA rating had higher allowance rates than did those with an IU rating. Totally disabled veterans overall had higher allowance rates than DI applicants from the general population at the initial level, but they had similar allowance rates at the reconsideration and hearings levels.
Of the 34,766 postaward first DI claims of totally disabled veterans that were ultimately allowed, nearly two-thirds of allowances came at the initial level and over one-quarter came in ALJ hearings. The proportion of allowances coming from appeals is lower for these disabled veterans than for the general disabled-worker applicant population .
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Drawing Va Benefits And Ssa Benefits
Veterans may be permitted to draw both VA and SSA benefits, but depending on the SSA program you enroll in, you may or may not have your Social Security benefit amount reduced dollar-for-dollar by the amount of your VA disability pay . Those drawing SSI may risk benefit reduction if they dont meet income caps those drawing SSDI are not.
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With or without the benefit reduction, it can be helpful to have a VA disability rating established when you apply for SSA benefits such as SSDI or Social Security Income payments. Not in every case, but in some very important circumstances this can be a big help. Why?
Can I Get Military Retirement Pay And Retirement Benefits
Military retirement pay after 20 years or more of service. The pay is based on your length of time in service and is calculated at 2.5% times your highest 36 months of basic pay. Military retirement benefits are taxable while VA disability benefits and VA pensions are not.
Veterans can receive military retirement pay and Social Security retirement benefits at the same time. Veterans can also be entitled to Concurrent Retirement and Disability Pay , which allows military retirees to receive both military retired pay and VA disability compensation.
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Veterans Benefits Banking Program
Effective December 20, 2019, disabled veterans and their beneficiaries may use the Veterans Benefits Banking Program to identify and apply to open an account at a participating bank or credit union. Participating banks and credit unions are available to help disabled veterans and their families make finding a financial institution easier. The VBBP can ensure you get paid faster, safer, and with fewer fees.
Things To Remember When Buying Life Insurance
When considering the purchase of life insurance its possible you may think you dont need it until youre older.
When considering the purchase of life insurance its possible you may think you dont need it until youre older. Unfortunately, that can be a costly conclusion. Life Insurance rates are typically less expensive the younger you are. As you get older, you could develop an illness or disease, or a hazardous occupation that can make you uninsurable to most companies.
When people look for insurance, its easy to underestimate the amount it will cost to replace their income if something happens. Evaluating your financial needs helps to provide your family with the money they need to survive. Accurately count what you need by adding together the cost of a funeral, mortgage, credit card debt, income replacement and any other debt that you may have.
Be sure when investigating life insurance policies, you compare prices as well as companies. Check the companys financial stability by reviewing their rating with the Better Business Bureau and independent insurance analysts. Review what life insurance products they offer and what options they make available.
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Does The Va Care About The Ssas Disability Decision
If the SSA grants your benefits, the VA may not give Social Securitys decision much weight. One reason for that is the VA has to make a decision about whether your physical or mental condition connects to service. That is not an issue the SSA considers when they make their decision.
Although the VA will not give the SSA decision special deference, they must consider Social Securitys records. The medical records in your Social Security file could provide key evidence for your VA claim. You or your attorney should provide the VA with the entire Social Security medical file and your SSA decision.
In fact, the VA has a duty to request it. This includes any decisions by the SSA judge and the Appeals Council. The VA must properly weigh medical evidence and any other important evidence from the SSA.
The Four Criteria You Need To Qualify For Veteran Disability Benefits
In order to qualify for VA disability benefits, you must meet the following four criteria:
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Social Security Disability Benefits And Medicare
If you are eligible for Social Security disability benefits, you are likely eligible for medical coverage, according to the SSA. If you receive SSDI benefits, you will receive Medicare after a 24-month qualifying period. SSI recipients in most states automatically qualify for Medicaid. In some states, you may need to apply for Medicaid.