Veterans can apply for Social Security Disability benefits, even if they are already getting disability through the VA. Social Security Disability has similarities to the VA system, but it is entirely separate. Both are looking at why the Veteran is not able to work, both will be looking at medical records to evaluate the impairment. The VA system rates the disability in terms of a percentage, and also decides if it was service connected. For Social Security Disability, there is no percentage rating, it is all or nothing. You are either able to work or you are not.
Veterans are returning from active duty overseas with traumatic brain injuries (TBI), post traumatic stress disorder (PTSD), generalized anxiety, depression, amputations and other impairments that are preventing them from finding work full time. It is important that the veteran continue medical treatment, whether it is with the VA or in a civilian facility, as Social Security evaluates claims based on your medical records. Often the disability process seems overwhelming to a veteran that has an impairment, an attorney that is experienced in Social Security Disability can often make the process easier, and a lot less stressful.
Social Security requires that you be unable to do any type of significant work in order to receive disability benefits. To be considered disabled by Social Security, you must show that you are completely unable to work perform full-time work, and that your disability must be expected to last at least one year. Social Security calculates your monthly benefit based upon your earnings history in both civilian and military occupations.
Military service members can receive expedited processing of disability claims from Social Security. The expedited process is used for military service members who become disable while on active military service on or after October 1, 2001, regardless of where the disability occurs.
Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your work activity to determine your eligibility benefits.
At Nolan Caddell Reynolds, our attorneys have substantial experience representing veterans. Call us for free at 1-800-709-5297 or fill out the form on this page for a FREE initial consultation.