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COLLECTING VA BENEFITS AND SOCIAL SECURITY DISABILITY BENEFITS

Posted by Anton G. Ficek | Jan 06, 2021 | 0 Comments

I often come across questions about whether a claimant can collect VA benefits and social security disability benefits. The short answer is that it depends on whether you financially qualify for SSDI (Social Security Disability Insurance) or (Supplemental Security Insurance). You can collect both VA benefits and if you financially and medically qualify for SSDI.

In most circumstances, it is infeasible to collect SSI and VA Benefits since SSI is a means-tested program and your VA benefit will likely offset all of the SSI money that you would be entitled to.

Keep in mind that a VA compensation rating of 100% Permanent and Total does not automatically qualify you for social security disability. The social security administration has different standards for evaluating whether a claimant is disabled. The most obvious example is that social security does not require a service-connected injury in order to qualify. The VA rating can be used as evidence of your impairments. However, social security can have stricter standards than the VA for qualifying for benefits. One example is that the VA determines what percent you are impaired. Social security makes a finding that you are disabled or not disabled. There are many nuances to the programs, so please call an attorney if you need clarification on the differences between the programs.

Another consideration is that your claim will be expediated because of your veteran status. This is generally an advantage to veterans. However, if you choose to represent yourself, this can add a lot of stress to the process. You will need to organize your medical records. You will need to prepare arguments about why you are disabled.

We strongly advise you to seek counsel immediately in order to win your case as soon as possible. If you are in the states of North Dakota, Minnesota, South Dakota, Montana, or Colorado, consider giving our firm a call for a free consultation.

The following links give you additional information about SSDI and VA benefits:

General Information about Social Security:

Information for Veterans

About the Author

Anton G. Ficek

Social Security Disability Law

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