Posted on Mar 23, 2014
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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?
Disability
Compensation
Benefits
Posted 12 y ago
Responses: 30
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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!
This is more of a question that an opinion so go easy on me!
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Suspended Profile
Brett - you pay for both, so yes, you are entitled to both...
CPT (Join to see)
Think about it this way. You have a traditional IRA and a Roth IRA. They are both yours, both IRA's, but different in the minutia of terms. When is time to collect your dividends will you say, oh I will pass on one, because I have the other? They are both yours, you paid into both. It is the same concept. You pay SS and you are a Service Member. You get injured during active service. You have two forms of securities of which you have paid on both one by virtue of monetary payment the other by service and taxes. See, they are both yours to claim. I hope this explanation make things clear.
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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.
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.
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CPT Mike Sims
Totally agree Cpl Randitsas. Perhaps what we need is a stronger push through our Veterans advocacy programs like the American Legion, VFW, and DAV in order to influence our newly elected Republican Congress to put this item is a bill "Veterans Social Security Fairness Act" in order to do not what it is necessary for Disabled Veterans, but to do what is right.
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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.
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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
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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.
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LTC David B.
Very common thinking...... Exactly the type that drove this particular question/issue. The main difference is the VA's is computed using a (however questionable) formula and several doctors visits, whereas the SSA is subjective and drawn from a paper review. My point is, until the SSA comes up with something other than a subjective process, the VA's should be the overriding decision if for no other reason than the decision doesn't begin with "l think..."
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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 ~
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 ~
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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.
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I think any % VA or DoD should satisfy the SSDI requirement.
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SFC Dan Sorrow, M.S.
The requirements to be found disabled are the same under Disability Insurance Benefits (Title II) as they are under SSI (Title 16). As such, "any" VA disability percentage would not qualify for SSI benefits. The only difference between the two SSA disability programs is one is a benefit you paid into and the other is based on need.
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