Can Veterans Apply for Social Security Disability?
The Social Security Administration has two programs to provide benefits to people with disabilities. One is Social Security Disability Insurance (SSDI), and the other is Supplemental Security Income (SSI). The latter is not yet available for Puerto Rico.
Military veterans are eligible to receive disability compensation provided by the United States Department of Veterans Affairs (VA). But are they eligible to apply for Social Security Disability benefits? In this article we will explain.
If I receive veterans benefits, can I qualify for Social Security disability?
If you are a military veteran, you surely want to clear up this doubt. Veterans who become disabled during active duty may receive Social Security Disability benefits. You should know that the Social Security Administration follows a different process and rules than those established by the VA. To be qualified, you must meet the established requirements, respecting each of the steps for approval.
Expedited veteran disability benefits application processing
There is expedited processing for veterans to apply for disability benefits. It is available to current and retired military employees. However, it is important to belong to one of the two categories established by the Social Security Administration:
Wounded Warrior: In this category are individuals who have served since October 1, 2001, becoming disabled during their active service. It is not relevant where the disability occurred and it does not have to have occurred in combat. However, the disability will be taken into account if it occurs during the active period of service.
100% Permanent and Total Disability (100% P&T): The Department of Veterans Affairs (VA) considers these veterans or service members totally disabled. Therefore, your disability is considered permanent and total to apply for compensation.
Requirements for expedited processing
Through expedited processing, veterans or service members must meet certain requirements to be approved for disability benefits. First, they should fall into the Social Security's definition of disability. That is, the veteran must have an injury or illness that substantially limits his or her job performance. Also, it must be anticipated that the disability will last at least 12 months, or will cause your death. Also, other criteria such as your work history, income and financial assets must be taken into account.
How does Social Security expedite veterans' claims processing?
It is important to clarify that you do not necessarily have to make your disability application through expedited processing. Typically, an email exchange of medical records takes place between the Department of Veterans Affairs and the Social Security Administration.
However, it is preferable to notify directly if you have suffered an injury while on active duty or if you are meeting the requirements for permanent or total disability. This notification can be made through the comments section that appears in the digital application for disability benefits. You can also do so by speaking with a Social Security representative in person or by phone.
At the time you apply, you must provide the Social Security Administration with the letter from the VA confirming your permanent and total disability. When your application is marked as expedited, the process is expedited at the Social Security offices. They will then determine if you are eligible for disability benefits.
How long does it take to be approved for disability benefits for veterans?
The Social Security Administration will take the time necessary to make a decision, although it may depend on several factors, such as:
- The nature of your disability
- The speed of Social Security's access to your medical records and sufficient evidence to corroborate your illness
- If there is a need to perform additional medical tests to prove your disability or illness.
How much money do veterans receive for disability?
The amount of the Social Security disability benefit is the same for all beneficiaries, including veterans, and depends on contributions made to the system. The payment is periodically adjusted by the Agency to take into account the cost of living.
It is important to know:
- Even if your disability is classified as permanent and total (100% P&T), this does not guarantee approval of your Social Security disability benefits. However, this classification can speed up the approval process.
- You can get disability benefits from Social Security and the Department of Veterans Affairs.
- Expedited processing status is maintained throughout the application process. When making the request any eventuality could happen. Your request could even be denied. If your initial disability claim is not approved, you can file an appeal. We can help you at all stages of your case.
Where do I find a Social Security Disability lawyer?
In Fuentes & Fuentes you can find Social Security disability attorneys for veterans. We will work with you to present your case and maximize your chances of a completely favorable decision. If your request has been denied, we will prepare your appeal by meeting all the relevant requirements. We have more than 40 years of experience helping our clients. Right now we can give you the legal advice you need for free. Contact us to take care of your application. We will not charge fees until the case is approved.
Do you need legal help getting veterans disability benefits? Leave your case in our hands, we will represent you professionally and will fight for you to receive fair compensation.
