Veterans are eligible to receive both 100% VA Disability and Social Security Disability. This article covers both benefits and how veterans can receive both at the same time. We’ll cover applying, appealing, and give some tips we’ve learned over the years.
If you have more questions after reading this article, give us a call. Woods & Woods offers free legal consultations to any veteran and their family members. For help, simply fill out the contact form.
100% Disabled Veterans Are Eligible For Social Security Disability
Veterans can obtain both 100% VA Disability and Social Security Disability benefits at the same time. For some reason a large number of veterans believe they can only receive 100% VA Disability or Social Security Disability – that is not true. Lots of veterans receive both 100% VA Disability and Social Security Disability.
This page exclusively covers Social Security Disability (SSD) benefits and not Supplemental Security Income (SSI). SSD and SSI benefits have very different requirements. SSD benefits are for people who worked and earned enough credits. SSI benefits are for low-income disabled people who were unable to work.
Veterans that cannot work may be able to receive not only their VA Disability and Social Security Disability, but also their military retirement and other retirement benefits they may have accrued throughout their post-military career.
There are some advantages of hiring a 100% VA Disability and Social Security Disability lawyer. For example, did you know the SSA will expedite vet’s claims if they have a 100% permanent and total rating? There are lots of ways hiring a qualified lawyer can help you through both the VA and SSA process.
Differences Between VA Disability Benefits & Social Security Disability
VA Disability and Social Security Disability are different because:
The VA and SSA are separate government entities. The Veterans Benefits Administration (VA) and the Social Security Administration (SSA) are two completely separate government agencies. Your application or appeal at one agency has no bearing on the other. If you are already receiving one benefit, the other agency doesn’t care. Receiving one benefit is not a valid argument for the other benefit’s eligibility.
The VA and SSA have their own eligibility guidelines. The VA and the SSA have very different eligibility guidelines. You may obtain your 100% VA Disability and Social Security Disability for different reasons or even for different mental and physical impairments. The VA and the SSA’s laws do not overlap and each agency can draft their own eligibility guidelines.
You may be eligible for one benefit and not the other. Because the VA and the SSA are different agencies, you may end up being awarded one benefit and not the other. You may end up receiving a 100% VA Disability rating and being denied Social Security Disability benefits. Just remember you can appeal either agency’s denial.
Both disability agencies will not view evidence the same. The VA and SSA will look at the same evidence, but in a different light. For example. many veterans self-medicate with alcohol and drugs. Those facts actually help some veterans obtain PTSD VA Disability benefits. At the same time, using drugs and alcohol may ban some people from obtaining Social Security Disability benefits.
Each benefits pays a different amount. Your VA Disability payment is going to be determined by your VA Disability rating. Veterans can receive over $3,400 a month if they have dependents and obtain a 100% VA Disability rating. The amount you receive in Social Security Disability benefits is dependent upon how much you paid into the system while working.
The VA and SSA process claims differently. Your applications for 100% VA Disability and Social Security Disability benefits will go through different bureaucracies. The VA and the SSA do not process claims in the same way. You will not submit evidence the same way either. The applications are not sent to the same place and your eligibility is determined by different people.
The VA and SSA work at different speeds. Your 100% VA Disability and Social Security Disability applications will not be decided at the same time. Generally, the SSA moves claims much faster than the VA. We warn you, many VA Disability benefits claims take years for a final decision.
Appealing 100% VA Disability and Social Security Disability Denials
If your 100% VA Disability and Social Security Disability benefits are denied, you can appeal that decision. Just know you have a very short window of time to file your Social Security Disability appeal. However, the VA allows you to appeal for one year from the date on your VA Rating Decision letter.
Because the window to file a Social Security Disability appeal is so short, we highly suggest you contact a Social Security Disability denial lawyer right away. Your SSD appeal is going to get complicated fast. You are going to need to submit critical evidence from doctors, psychologists, and vocational experts. We also suggest you obtain a Social Security Disability lawyer because you are going to need to attend a hearing. It is always best to have a qualified lawyer to represent you during your hearing.
While you have longer to appeal your 100% VA Disability denial, we still recommend you move fast. The longer you wait to file your appeal, the longer you will wait to get on the docket for the Board of Veterans Appeals (BVA). 100% VA Disability appeals are way more complicated than a typical Social Security Disability appeal. The VA’s rules and regulations are archaic and veterans often don’t understand how to navigate the Veterans Benefits Administration.
FAQ: 100% VA Disability and Social Security Disability
What happens if I’m denied one benefit and approved for the other? If you are approved for one benefit and denied the other, you will start receiving the approved benefit. You will need to appeal the benefit you were denied. A denial of one benefit will not affect the other.
Does the VA have benefits for veterans that can’t work? Yes. The VA does offer Total Disability Individual Unemployability benefits to veterans that can’t work. These benefits pay the same as a 100% rating, but you do not have to obtain a 100% rating to be eligible. Veterans can receive both Individual Unemployability and Social Security Disability at the same time.
Can I afford a lawyer? Yes! Our 100% VA Disability and Social Security Disability lawyers only charge if your claim is successful.
How do I pay my lawyer? In both a 100% VA Disability and Social Security claim, you will pay your lawyer a percentage of the retroactive benefits and case expenses if the claim is successful.
Do I pay if my claim isn’t successful? No. If you do not obtain VA or Social Security Disability benefits your lawyer won’t charge a penny.
Get Help From Our VA Disability Lawyers & Social Security Disability Attorneys
Woods & Woods can help veterans obtain both 100% VA Disability and Social Security Disability. When you call Woods & Woods you’ll get an experienced VA Disability compensation lawyer and a highly-skilled Social Security Disability (SSD) lawyer.
The process of obtaining 100% VA Disability and Social Security Disability benefits can be very complicated. There are thousands of laws that could affect your claim. It’s important to get a highly-qualified lawyer who knows the VA and SSA laws.
- Get free help with your 100% VA Disability and Social Security Disability applications.
- Ask all the questions you have and we’ll answer them at no cost.
- We offer free 100% VA Disability and Social Security Disability legal consultations.
- You only pay our veterans disability benefits lawyers and Social Security Disability lawyers if your claim is successful.
- Our 100% VA Disability and Social Security Disability lawyers have helped thousands of disabled people get the benefits they deserve.