While VA benefits and Social Security benefits are two very different government programs and have different requirements, a Veterans can receive both benefits at the same time. While one program can affect the other program, it is always worth filing for all of the disability benefits a Veteran has earned.
If a Veteran is trying to get benefit payments from Social Security Disability Insurance (SSDI) and their VA disability benefits, they will more than likely have questions about if the two will work together and how they work together. Can one of the Veterans claims negate or cause problems with the other claim? In this article we will answers the questions about VA disability and SSDI for Veterans.
What is in this article about VA disability and SSDI benefits
- What is SSDI and who can qualify for it?
- What are the differences between VA disability and Social Security?
- Does receiving one benefit automatically qualify me for the other?
- Does receiving TDIU automatically qualify me for SSDI?
- Why would I be denied SSDI when I’m 100% VA disability?
- Other things to consider when filing
What is SSDI and who can qualify for it?
Social Security Disability Insurance (SSDI) is a tax-funded federal insurance program that provides monthly compensation to people who have become disabled and can’t work. Both workers and their employers pay into the SSDI fund. The Social Security Administration (SSA) manages the funds.
SSDI benefits are different from Supplemental Security Income (SSI). SSDI benefits are for those people who have worked and have earned enough work credits. While SSI benefits are for those people with low-incomes and disabilities who are unable to work. Since receiving SSI is based off of income, if a Veteran receives VA compensation benefits at the same time it can affect the Veterans ability to qualify for SSI.
If a Veteran is receiving VA benefits that are above the maximum level of income allowed by the SSA, they can lose their SSI benefits. It is in the Veterans best interest to still apply for VA compensation benefits, since the VA 100% Permanent and Total (P&T) disability or their total disability based on individual unemployability (TDIU) ratings will pay more than their SSI benefits.
For a Veteran to be eligible for Social Security benefits they must have worked in a job that is covered by Social Security and they must have those earning deductions on their record. The amount that a Veteran receives depends all on how much Social Security that was deducted from their earnings and how old they are when they draw their Social Security.
A Veteran can receive Social Security disability if they are unable to work due to a severe medical condition that lasts more then a year or it terminal. The Veterans Social Security benefits can not start until they have had the condition for at least six months.
A Veteran who is disabled because of their military service can receive both VA benefits and Social Security at the same time. A Veteran can also receive their military retirement and any other retirement benefits that they have earned throughout their civilian career.
What are the differences between VA disability and Social Security?
As a Veteran you can receive both VA benefits and SS benefits simultaneously, the two benefit programs are very different in many ways.
The VA and SSA are two separate government entities.
The VA and SSA are two separate government agencies with two different requirements and applications. A Veterans application for benefits or for an appeal at either of the two separate programs have no official bearing on the other program. Just because a Veteran is receiving benefits from one of the programs does not guarantee they will receive benefits from the other program. The Veteran will have to go completely through the process for both programs.
The VA and SSA have separate eligibility guidelines and requirements.
Since the VA and SSA are two different programs a Veteran may receive their 100% P&T VA disability for one set if issues, while they receive their SSA for a different set if issues all together. Each of the two agencies have their own eligibility guidelines and requirements, along with different laws that they to abide by.
Each of the agencies will view evidence differently.
Just because the VA and SSA look at the exact same evidence does not mean they will come to the same conclusion. Both agencies view the evidence in different ways. That is why using the same reports from vocational experts, doctors’ opinions or even the same medical conditions are not necessarily the best thing to do. It is best when the Veteran focus on the reports and the documentation that support the claim for the issue(s) that they are making.
Each of the two different agencies benefit programs pay different amounts.
A Veterans VA disability rating is what determines their VA payment. The amount that the Veteran will receive from SSDI depends on how much they have paid into the SSA while working.
Each of the two different agencies process claims at completely different speeds.
A Veterans VA disability and SSDI disability applications will not be decided on at that same time. The SSA usually moves claims faster then the VA does. While the decision for SSDI can take only three to five months, a VA disability claim can take years to get a final decision on.
Does receiving one benefit automatically qualify me for the other?
The SSA and VA do communicate with each other. SSA will automatically identify a Veteran when the VA assigns the Veteran a 100% P&T disability rating because they are not expected to improve. Most of the time these Veterans will qualify for an expedited process with the SSA. The Veteran will still have to submit the required documents and answer the SSA’s questions when applying.
A Veterans VA rating will negatively impact their SSDI claim. The SSA can use the Veterans VA rating as evidence of their disability. It is beneficial to apply for both VA and SSDI since the amount that a Veteran receives in SSDI is not reduced because of their VA benefits.
As a Veteran you just need to remember that the VA and SSA work separately since they are two different programs. Both of them have different requirements for eligibility, so you might be eligible for one program and not the other program, or you might qualify for both programs.
Does receiving TDIU automatically qualify me for SSDI?
A Veteran who can not get or maintain gainful employment because of their service-connected disability may qualify for TDIU. Veterans can receive TDIU and Social SSDI at the same time. Just because a Veteran is eligible for one of the disability benefit programs does not mean that they are automatically entitled to the other disability benefits program. Because both disability benefit programs have different guidelines the Veteran has to file a claim with each one and go through their individual processes.
It can be beneficial to a Veteran to apply for both VA disability benefits and SSDI. The amount that a Veteran receives in VA disability benefits does not get lowered because of their SSDI benefits. The same goes for a Veteran receiving SSDI benefits does not lower their VA disability benefits. Some Veteran will only qualify for one of the benefit programs and not the other as both have very different eligibility requirements.
TDIU and 100% P&T disability with the VA are tax-fee benefits and a Veteran can receive them while they are receiving SSDI.
Why would I be denied SSDI when I’m 100% VA disability?
Because Social Security and the VA are two separate entities and have differing requirements, you can have a 100% P&T VA disability rating and still be denied Social Security disability benefits. One of the most common reasons that the Social Security Administration denies a Veterans disability benefits is because they continue to work and earn over the limit. There is also a very good possible that the SSA could not find you in their system or that they did not recognize how severe your injury(s) are.
You can appeal the SSDI denial if you believe that the decision is unjust, but remember you normally only have 60 days from when receiving the denial letter to appeal. That means you will need to act quickly. A Social Security disability lawyer can assist you through that process.
Other things to consider when filing
The VA and SSA behave very differently because they are two different entities. Below are just a few other things that you should consider when your file for SSDI benefits.
Drug and Alcohol use
While the VA does not always penalize Veterans for their drug and alcohol use, because they understand that many Veterans self-medicate using drugs and alcohol, specifically those experiencing trauma-related disorders. But the SSA can respond very differently, especially if the Veterans disabilities are caused by or worsened by the drug and alcohol use.
At times the SSA will look negatively at Veterans that self-medicate through drugs and alcohol. The SSA considers drug and alcohol abuse as signs of mental instability. While the VA normally takes a more lenient approach and a more understanding approach of a Veteran’s self-medication due to their mental instability. While this can preclude a Veteran from receiving the Social Security Administration benefits, it does not always preclude the Veteran from receiving individual unemployability benefits through the VA or a total occupational and social impairment rating through the VA.”
Doctor’s reports
Both the VA and SSA require doctor’s reports to verify the claims. You do not have to use the same doctors’ opinions or even the same medical conditions to make your claims. SSDI does not consider service-connection of a medical condition, so adding that information in your claim is not necessary. Also, when it comes to reports from vocational experts, the same is true. You should only focus on the reports and documentation that support the claim you are making.
Age
While the VA does not consider a Veterans age when it comes to the claims, SSDI claims do consider the age of the Veteran. The age of the Veteran when they are filing for the claim will affect the payment amount that they receive. Older Veterans are more likely to have worked longer in the civilian workforce and have put more into the SSA, which means that they are eligible to get more.
Work history
When it comes to the Veterans work history the VA will consider if the Veteran can work or not, specifically the VA will consider the type of jobs the Veteran has done in the past when they apply for TDIU. While SSA also does considers whether the Veteran can work, it also considers whether the Veteran has worked in the past and how much the Veteran paid into the system.
Taxes
The VA will not reduce your money benefits based upon monies received from a Social Security Award. However, the Social Security Administration may reduce your money benefits from its award based upon the monies received from your VA disability award, depending upon the type of the Social Security (regular SS vs SSDI) that is awarded.
VA disability awards, whether for service-connected or non-service-connected disability (e.g., VA pension benefits), are not considered earnings and are tax-fee and you do not need to report them in your tax returns.
