Should 100% permanent & total VA disability satisfy the requirements for Social Security disability?

LTC David B. — Sun, 23 Mar 2014 07:03:10 -0400

Given the formula the VA uses, it's VERY difficult to hit 95% or higher (what it takes to get 100%) disability. But all this gets you is now the SSA will "fast track" a request for benefits.....which was only implemented this month! The VA takes great pains to come to their decision; multiple doctors, specialists, etc. Then the SSA turns around and does the same thing! Shouldn't the VA's decision carry more weight?

Response by SSG James Seets made Mar 23 at 2014 7:08 AM

SSG James Seets — Sun, 23 Mar 2014 07:08:26 -0400

This is a tough question, as the VA has kinda been the top voice for disabled vets. I feel that yes the VA should have more say over this.

Response by SFC Dan Sorrow, M.S. made Mar 23 at 2014 7:22 PM

SFC Dan Sorrow, M.S. — Sun, 23 Mar 2014 19:22:06 -0400

I'm retired from the Army and work for SSA at the hearing level (first level a decision is rendered by and Administrative Law Judge or ALJ).  I'm also a disabled veteran and can an objective opinion on the matter.  VA disability is similar to Workers Compensation in that we're awarded a percentage of disability based upon select criteria and how a certain body system is impacted of effected by the injury or impairment. <div><br></div><div>Social Security disability is all or nothing. You can either perform work at certain exertion levels or not. The only percentage we deal with is 100% and the claimants subjective symptoms have to be based supported by objective evidence. ...And that's usually where the problem lies.</div><div><br></div><div>I've written several claims decisions for veterans who allege they're disabled; however, they report activities of daily living and other relevant factors to their doctors and nurses that does not support their alleged level of disability...even at 100% from time to time. The VA doesn't rely as much upon credibility assessments in making their determinations as SSA does in making disability decisions.  </div><div><br></div><div>Hope this helps!</div>

Response by SSgt Matthew Benack made Mar 25 at 2014 8:27 AM

SSgt Matthew Benack — Tue, 25 Mar 2014 08:27:07 -0400

Yes ithigher. should carry Weight as long as you are 80% or higher. Another thing is most people get turned away / declined the first time. I was turned down the first time, then submitted again with Dr. Notes and new info and SSDI approved it. You need to apply for SSDI not just SS. Hope this helped.

Response by SFC Gary (Bigsarge) Portier USARMY RET. made Jun 20 at 2014 4:07 PM

SFC Gary (Bigsarge) Portier USARMY RET. — Fri, 20 Jun 2014 16:07:17 -0400

I think any % VA or DoD should satisfy the SSDI requirement.

Response by PFC Zanie Young made Aug 3 at 2014 7:32 PM

PFC Zanie Young — Sun, 03 Aug 2014 19:32:57 -0400

Colonel, I got a 100% rating while I was receiving Social Security disability! If it worked for me (it took me only 2 years), then you should have not have as many problems. If you do, then appeal until you get 100%.

Response by SFC Mark Merino made Sep 16 at 2014 12:10 AM

SFC Mark Merino — Tue, 16 Sep 2014 00:10:56 -0400

I drew SSDI when I was still at 90% LTC David B..

Response by SFC Dr. Joseph Finck, BS, MA, DSS made Oct 12 at 2014 9:10 AM

SFC Dr. Joseph Finck, BS, MA, DSS — Sun, 12 Oct 2014 09:10:56 -0400

Sir, in my humble opinion, if you rate a disability and cannot work due to these disabilities which occurred while in service of our country, SSA should accept that, provide benefits, and expedite benefit payment.

As many have pointed out, serving is writing a blank check and you never know when or if that check will be cashed. If it is, so may we well be.

The burden of proof is, as is well established by SFC Dan Sorrow, M.S. in his post different between the VA and SSA; however, perhaps legislation should be changed to allow for SSA benefits to be more easily attained by disabled Veterans. The more help which is available the more tragedy's we avoid.

Thank you for this interesting and thought provoking question,

SFC Joseph M. Finck USA (Ret)

Response by CPT Mike Sims made Oct 13 at 2014 2:15 PM

CPT Mike Sims — Mon, 13 Oct 2014 14:15:39 -0400

Anyone rated at 100% by the VA should be automatically qualified for SSA benefits, and it should take 3 months or less for the SSA to approve the benefits.

There is no need for the SSA to send Veterans to SSA contracted doctors when the Veterans already have a stack of medical files certified either by Military or VA doctors of their disabling conditions. This is simply a waste of the Veterans time, it also extends the approval time by the SSA for the Veterans claim for benefits unnecessarily, and it is by and far a waste of taxpayer money to have another government agency certify what other government doctors have already certified. Being redundant doesn't further validate anything - and I think the SSA is getting ready to get hammered by Congress on this very issue.

Additionally, Veterans need not be rated at 100% by the VA to apply for and receive SSA benefits. Some Veterans injuries may only be rated at 50% or greater - but may not have reached the 100% (mysterious threshold) by the VA. Their injuries may be severe enough that have caused them to not be able to be employed or lose employment as their injuries and symptoms have progressively gotten worse. If this is the case, then a Veterans claim for SSDI benefits should not go through such a "bureaucratic process" - it should be approved based solely on the VA records and additional records from employers would only be added if necessary to show that the injuries or symptoms caused a Veteran to now be unemployed or even underemployed.

Sounds like anyone having these kind of issues should not only file an appeal, but should also contact their Congressional Representatives and Senators... making them aware that the nation who depends on its volunteer Warriors to protect and defend this country should be prepared to care for those Veteran Warriors and their families whose service to this country resulted in their injuries or symptoms, and if we are no longer a nation willing to make such commitments - then we should re-institute the draft, and make qualifying for SSA benefits before age 50 a requirement that one must have served in the military first (unless further exempted by federal law / regulations).

My other recommendation would be to conduct a review of the way SSA handles claims for Veterans and conduct a change over not only in policies - but also in personnel and leadership, and staff the SSA with Veterans. I bet this would help this SSA not only become more productive, but it would lead to decreased times in approval processes and more fairness when dealing with claims by Veterans.

Good luck LTC Bell in your appeal. I hope it is approved soon without further delay. Let me know how it goes sir.

Response by CWO3 Private RallyPoint Member made Oct 22 at 2014 5:54 PM

CWO3 Private RallyPoint Member — Wed, 22 Oct 2014 17:54:15 -0400

LTC David B.' No Sir they may look at your VA disabilities and make note of them but the SSD has different rules and regulations then the VA. But if you feel that you may qualify for SSD, then apply on line. Please read their regulations on their requirements for SSD. I have had veterans with 50% service connected disabilities and was granted by SSD because they met certain requirements of their laws, but the veteran was still fighting to get his disabilities increased with no luck. He did appeal though with the VA. James K.

Response by 1LT(P) Private RallyPoint Member made Dec 1 at 2014 9:26 PM

1LT(P) Private RallyPoint Member — Mon, 01 Dec 2014 21:26:01 -0500

I hesitate to say this because I don't want to seem disrespectful of ANY disability or imply that 100% disability from the VA is enough to compensate for any injury that renders a veteran unemployable - but should you be entitled to complete VA disability and SSA disability? Or maybe the a better question: are you entitled to both because VA disability is not that much so that it is designed to be supplemented by SSA disability?

This is more of a question that an opinion so go easy on me!

Response by LCDR Rabbah Rona Matlow made Feb 8 at 2015 3:09 PM

LCDR Rabbah Rona Matlow — Sun, 08 Feb 2015 15:09:33 -0500

There are two different ways to get 100%. You can be 100% based in Individual Unemployability. In that case, yes, SSD SHOULD be automatic, but it isn't and I had to fight for it.

If you are 100% statutory, you are not restricted from working so you should not, then be automatically qualified for SSD.

It's not that hard to hit 100% statutory -if you are severely depressed due to your injuries or suffering from severe PTSD, it can easily hit 70 or 100%. Sleep apnea, very common among disabled vets is a 50% if you are using a CPAP or other PAP machine.

Here's my chart to show how it's not so hard to hit 100...
Disability individual % Rounded
Largest to Smallest ???%
BILATERAL ONLY 1 20% 20%
2 20% 36%
Bilateral Total 40%
Rounded Bilateral Total 40% 40%
1 70% 82%
2 50% 91%
3 30% 94%
4 20% 95%
5 10% 95%
6 10% 96%
7 10% 96%
8 10% 97%

I haven't listed all my individual issues, but you can see that none of the 10's that I have even came to play in hitting 95% which rounds up to 100...

Response by Cpl David Cru made Feb 8 at 2015 4:28 PM

Cpl David Cru — Sun, 08 Feb 2015 16:28:34 -0500

Not only should SSA follow suite with the military's decision but it would also save money for SSA in not having to going thru this whole re-interviewing session with the same questions. SSA is amazing, I was classified as 100% disabled and they also took my benefits away while I had already qualified as disabled because somehow they felt that I was making too much money. I couldn't believe it. I was barely making it and they came out with this. I almost lost my house because of their decision.

Response by SGT Adlee Spratley made Feb 21 at 2015 12:57 AM

SGT Adlee Spratley — Sat, 21 Feb 2015 00:57:05 -0500

I am 100% Total and Permanent Disabled. I just got this decision November 2014. I have been 60-70% since October 2005. It increased to 70% in May 2013. I applied for for my ssdi March 29, 2013, I have been denied twice. I am now in my hearing phases which is scheduled for 3 March. My lawyer said that now that I have my 100% it should be a better chance for them to approve me at the judge advocate level. I am glad that it did go to this phase, because if I do get it, I mean when I do get it, I will get my back pay to the date of my initial application. This happens when it goes to the judge level. I uses Premiere Disability, they are awesome! If anyone is searching for a lawyer try them, look them up on the Better Business Bureau. I will inform you all on the decision after my hearing next month.

When they denied me, each time they said it was because of my age and education. They had the nerve to say that I could still work as a nurse with my medical ailments, which some are fibromyalgia, hemiplegic migraines, depression, cervical dystonia just to name a few.

Response by SSgt Daniel Lang made Jul 31 at 2015 6:05 PM

SSgt Daniel Lang — Fri, 31 Jul 2015 18:05:50 -0400

IMHO opinion the SSA is wrong on this.
This from http://www.va.gov/vetapp08/files4/0827727.txt

This states that VA rating on based on earning potential
Relevant Laws and Regulations

Disability ratings are determined by the application of the
Schedule for Rating Disabilities, which assigns ratings based
on the average impairment of earning capacity resulting from
a service-connected disability. 38 U.S.C.A. § 1155;
38 C.F.R. Part 4. Where there is a question as to which of
two ratings will be applied, the higher rating will be
assigned if the disability picture more closely approximates
the criteria required for that rating. Otherwise, the lower
rating is to be assigned. 38 C.F.R. § 4.7 (2007).

In order to evaluate the level of disability and any changes
in condition, it is necessary to consider the complete
medical history of the veteran's condition. Schafrath v.
Derwinski, 1 Vet. App. 589, 594 (1991). See also 38 C.F.R.
§§ 4.1, 4.2 (2007).

Response by SSgt Ursa Worlds made Dec 26 at 2015 5:08 PM

SSgt Ursa Worlds — Sat, 26 Dec 2015 17:08:34 -0500

Why yes!! I have not been able to hold a job because of PTSD. I have tried and have multiple jobs to show for it. I put into Social Security and was recently evaluated 100% disabled by the VA. However, I was denied MY SSDI. They said I could work. But I cannot HOLD a job. The Social Security Administration can give benefits to illegals but not veterans, what a bunch of crap!!

Response by SSgt Ursa Worlds made Dec 26 at 2015 5:10 PM

SSgt Ursa Worlds — Sat, 26 Dec 2015 17:10:12 -0500

100% disabled but was denied SSDI. I put into Social Security but can't get my own money!!

Response by MAJ Ken Landgren made Dec 26 at 2015 5:16 PM

MAJ Ken Landgren — Sat, 26 Dec 2015 17:16:54 -0500

I believe SS looks at it as a binary question. Can you work or can you not work. I am sure you are going to do well. Also ask about monies for minors under 18 from SS.

Response by Sgt Lori Roberts made Jan 20 at 2016 1:59 PM

Sgt Lori Roberts — Wed, 20 Jan 2016 13:59:48 -0500

Please support HR 3499 which is a bill to tie VA 100% to an automatic approval of Social Security Disability benefits.

Response by LCpl Bernard Fennell made Jan 20 at 2017 9:05 PM

LCpl Bernard Fennell — Fri, 20 Jan 2017 21:05:54 -0500

Yes they should

Response by Sgt Lori Roberts made Jul 7 at 2017 3:59 PM

Sgt Lori Roberts — Fri, 07 Jul 2017 15:59:12 -0400

They should!!! HR 3499 is still pending in legislation, but the Rep that introduced the bill is no longer seated...Also, no one co-sponsored the Bill so that leaves us with a bill that will probably not go anywhere.

Response by Sgt Wayne Wood made Jul 7 at 2017 4:18 PM

Sgt Wayne Wood — Fri, 07 Jul 2017 16:18:15 -0400

Yes

Response by SFC Alex Kennedy made Jul 9 at 2017 7:58 AM

SFC Alex Kennedy — Sun, 09 Jul 2017 07:58:19 -0400

As expected my orthopedic claim was denied.
The orthopedist who did my surgery did not mention the service connection and the two other orthopedists that I saw simply copied his report.
When I tried to explain the service connection to the VA C & P orthopedist he cut me off and refused to listen.
On the other hand, my PTSD claim was rated at 50%.
Several other claims were denied, including the one for unemployability, which was denied because I am not at a 60% threshold.
So should I try to get the PTSD claim rerated at 60%, or have the orthopedic or other claims reconsidered?
Also, should I ask for reconsideration, file an appeal, file a new claim, or are there other options for obtaining the 60% rating needed to reconsider the claim for unemployability?
Thank You in advance ~

Response by CPO Richard Ullom MSITM, CISM, CERP, HISP made Oct 27 at 2017 10:59 AM

CPO Richard Ullom MSITM, CISM, CERP, HISP — Fri, 27 Oct 2017 10:59:43 -0400

Short answer is yes!

Response by CPT Private RallyPoint Member made Oct 27 at 2017 11:09 AM

CPT Private RallyPoint Member — Fri, 27 Oct 2017 11:09:04 -0400

Sir, If is 100% permanent and total for a single injury, then the verbiage are similar for both federal regulation governing both agencies are satisfied. Then the answer to your question is yes, sir. However, when the 100% is attain by a multitude of 40, 30 and 10% then we enter in a gray area. For example, a person can reach 100% by having 50% for sleep apnea and four 30% lets say with one of them for PTSD and the others on sports injuries and three 20% on other things and about ten 10% on a plethora of musculo-esckeletal issues and if you calculate that you can reach 100%. This person is obese by choice and can read, write, walk and have been seen cutting his own one acre yard lawn. See Sir, it is not that simple... 100% is not always indicative of a person's ability of holding some type of gainful employment.

Response by SSG Edward Tilton made Oct 27 at 2017 5:13 PM

SSG Edward Tilton — Fri, 27 Oct 2017 17:13:58 -0400

Yes, The key isn't rating it's how much your disability impedes your ability to work. I was approved, I had 70% rating with individual unemployability. From what I hear they want to cancel unemployability

Response by PO3 Doc Stephens made Nov 23 at 2017 3:01 AM

PO3 Doc Stephens — Thu, 23 Nov 2017 03:01:11 -0500

Yes. No more of this separate standards, different part of government requirements bs and crap that's been going on this whole time. Even with now being 100% P&T, taking the Va to finally get that decision in nearly 7 years post EAS and initial start to the claims process. I should have been retired, but the Navy sought otherwise.

Hell, I was in a coma for 48 days. Died multiple times all in part primarily/secondary to a car wreck I was a passenger in. Severe traumatic brain injury, Almost complete retrograde amnesia, Not remembering my childhood. Bi-lateral Tension-Hemo-Pneumothorax. On a respirator and not only 5, but 6 chest tubes in place. Eviscerated intestines. Initially weighting in at 265 lbs prior to the wreck, and soon after, once discharged from the hospital only weight in at 115 lbs. I suspect due to my metabolism having had changed or been altered throughout the time in a coma. Even with the stomach tube providing the little nutrition I had been given. While all this going on, due to the massive fluid retention. As described into the "3rd wall space" through out the tissues in my body. Everything swollen and stretched out. Even having similar stretch marks to when a woman has given birth to a child. Not to mention the residual affects/effects of this multi-system trauma. Now cognitive difficulties, inability to fully gather thoughts before speaking. Often times having had inappropriate outburst. Anger management and later substance abuse.

Regardless of 3rd generations of alcoholism and having been advised by the physicians not to. Still having had consumed alcohol to cope with having lost my friend and being the sole survivor. Wasn't until recently that I have given myself the chance to sober up and refocus again on life and its much greater importance.

Even after having been placed on limited duty, and medboarded. Only required to pass a neuropsych test, placed back to "Fit for full duty". Reassigned back to 2nd Marine Division and volunteered for another tour/deployment back to Iraq. Thankfully nothing had happened during that time. Heaven forbid there was always a constant threat of IED's having been assigned to a convoy security element. I'm very thankful that nothing bad had happened. For I fear that due to my Inability to think quick enough, act quick enough, Or even get there quick enough. If something had happened, I wouldn't have been able to do anything right to have helped saved anyone.

Suffering severe depression, contributed mainly from the brain injury. Having had lossed my friend, and later having had divorced my wife. Not having had the drive or motivation to be an FMF Corpsman anymore. I had chosen not to reenlist. Even after all this, having been told that I could reenlist. I couldn't even pass the Navy PRT- Physical Readiness Test. How was I expected to properly do my job?

Now having- COPD, Early stages of emphysema, Epilepsy-(Full Tonic Colonic Seizures), Severe-TBI, both knees completely fubar, mid-thorasic/Lumbar strain, 5 complete hernias, multiple defects in the abdominal wall, left hip strain, Right shoulder strain, Having been required to get a Bankartd surgical repair, torn rotator cuff, instability in shoulder, 2 bulging disks in lower lumbar, Erectile Difficulties, at least once every other week UTI/Bladder infections, kidney stones, Oh and PTSD because the VA is too lazy to actually find most if not all is due to the brain injury and not from combat. Even with both exhibiting similar symptoms.

Submitted and having been denied, 10 times now for SSDI. Even with the last attempt made with the assistance of a law firm. It frustrates me every time that I hear when some kid. Kid being someone of no life experience at all. Ends up doing meth and or heroin for too long and fries their brains out, Gets approved right away. Yet myself having been a combat veteran. After all this crap ive gone through. Wasn't enough and strung along getting denied simply because a paper filled out wrong. Or not applicable, or whatever else sort of lame ass excuse was used for my denials.

One more time, one last time ill submit everything yet again. Afterwards, all hope will have been lost forever. I just don't understand anymore...

HM3(FMF) Stephens, C.R.

Response by CWO3 Private RallyPoint Member made Mar 16 at 2018 8:38 PM

CWO3 Private RallyPoint Member — Fri, 16 Mar 2018 20:38:49 -0400

They might cast a casual glance at it, but it has no legal standing. Soc Sec is a separate battle, and unfortunately some states are more permissive than others.

Response by Sgt William Pilgrim Jr. made Mar 16 at 2018 8:53 PM

Sgt William Pilgrim Jr. — Fri, 16 Mar 2018 20:53:03 -0400

In any case if your 100% you should also qualify for S.S. also in My case I was declared 100% Disable through a Civilian Doc as I was a Civilian at the time I was pronounce 100% disable and that got me S.S. automatically.. So hopefully you'll get it too..

Response by CWO3 Private RallyPoint Member made Jun 15 at 2018 2:24 PM

CWO3 Private RallyPoint Member — Fri, 15 Jun 2018 14:24:11 -0400

VA math is not the same. SS uses your RFC and whatever else they need to. VA disability is not on the list of presumed conditions for SS. Death is but only if verified by documents.

Response by MAJ Ken Landgren made Jun 15 at 2018 2:51 PM

MAJ Ken Landgren — Fri, 15 Jun 2018 14:51:19 -0400

I think it is all based on a condition SS thinks equates to unemployability.

Response by Maj Kim Patterson made May 11 at 2023 7:53 PM

Maj Kim Patterson — Thu, 11 May 2023 19:53:45 -0400

I have been 100% for. SSD for years. Still waiting on the VA going on 40 years to make that last 10% decision. My doctors said hospice,

Response by MSG Chuck Farley made May 12 at 2023 9:48 AM

MSG Chuck Farley — Fri, 12 May 2023 09:48:59 -0400

Sir, they do consider it but it is not automatic and I don’t think we want it to be. If we tie them together they may cap the Benefit amount or your VA rating may become partially taxable, I say be careful what you ask for. As a side note if you do recieve SSDI please know that you must sign up for Medicare or you will lose your tricare benefits, this is something they dont tell you until it’s too late. Medicare kicks in 2 years after you receive SSDI or at age 65.