What are your experiences getting granted SSDI based off VA ratings ?

SPC James McCullough — Fri, 23 Feb 2024 17:06:33 -0500

I just received my 2nd denial and I am about to surrender. I was previously told at my rating it was all but a slam dunk.
ie: 70% PTSD, 40.% Lumbar, 40% Sciatica, 10% Tinnitus. Which 70+40+40+10 = 90..

Oh that reminds me I need to file that law suit against my hometown public school system.
Incompetent bastards taught me that
70+40+40+10=160.. When I explain to the jury that it really only = 90 I should win that law suit easily shouldn’t I ?

Response by COL Randall C. made Feb 23 at 2024 7:18 PM

COL Randall C. — Fri, 23 Feb 2024 19:18:49 -0500

I’m not sure who told you it was a slam dunk, but they were wrong. Just like disability when looked at by the military and the VA are different, having a disability rating from the VA is very different from being deemed “fully disabled” by the Social Security Administration because their programs, processes, and criteria for receiving benefits are different.

Approximately 650k disabled veterans are receiving SSDI (i.e., drawing SSDI because they are disabled and younger than their full retirement age (FRA)), and this is about half of the population of veterans that are 100% P&T and under their FRA (let alone the almost 2.5 million veterans that have a 60%+ rating from the VA).

For the SSA, it’s all or nothing – there isn’t a ‘partially disabled’ category. You either can or you cannot work at a “substantial gainful activity” (SGA)*.

For SSDI, the claimant needs to show two things:
● Evidence of a physical or mental health condition, which results in functional impairments that limit their ability to work at a SGA.
● That the disabling condition has lasted or is expected to last, for 12 months or end in death.

Specific to your situation, the very first thing you should do is retain a Social Security disability lawyer, especially since you said you’re at the point of throwing in the towel. A SS lawyer is limited by law to 25% of the past-due benefits, up to a max (for 2024) of $7,200 (you would have to be owed $28,800+ in past-due benefits to reach that cap) up through a hearing by an administrative judge. If you win your appeal, then their fee is taken out of your past-due benefits. If you don’t, then the most you’ll pay is some ‘excessive admin fees’ (in most cases, it amounts to less than $100)*.

Bottom line: Even if you were 100% P&T, that’s not a guarantee that you’ll qualify for SSDI.
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* https://www.ssa.gov/policy/docs/statcomps/di_asr/2022/di_asr22.pdf
* SGA is a term used to describe a level of work activity and earnings. Work is considered substantial if it involves significant physical or mental activities, or a combination of both. Gainful work activity is work performed for pay or profit. For 2024, that is $1,550 a month for non-blind individuals.
* Social Security lawyer fees - https://cannondisability.com/blog/attorney-fees-in-disability-cases/

di_asr22.pdf

Response by SSG David Forler made Feb 28 at 2024 6:35 PM

SSG David Forler — Wed, 28 Feb 2024 18:35:16 -0500

90% disabled and SSI said, piss off.... as i thought they would

Response by SGT Kenneth Potts made Feb 28 at 2024 7:16 PM

SGT Kenneth Potts — Wed, 28 Feb 2024 19:16:42 -0500

What you should do, is look up how the VA determines your overall rating. Then the next thing to do is file for VA unemployability. Then you will receive the benefits and pay of a 100% rating. If you receive it, then apply for SSDI, will be unable to work.

Response by SSG Dale London made Feb 28 at 2024 7:34 PM

SSG Dale London — Wed, 28 Feb 2024 19:34:28 -0500

Ahhh, the wonders of VA math!
What did they deny you?
Oh, and just in case you were wondering, this is how the combined rating system works. Let's take your own case.
70% for PTSD means you are still 30% capable. Your next rating, 40% Lumbar comes out of the 30% remaining. 40% of 30 is 12% - okay, you're at 82%, leaving you 18% capable. 40% Sciatica comes out of that 18%, thus 7.2% giving you a rating of 89.2%, leaving you 10.8% capable - which is where the 10% for tinnitus comes from, or 1%. That leaves you at 90.2%. They round down. 90%.
This sucks, I know. But that's how they've been doing it for decades.
As for getting SSDI based on your VA ratings, no soap. They base you eligibility for SSDI on your ability to work as assessed by Social Security. I don't think they consider your VA ratings as evidence of inability to work. The two benefits are aimed at different goals - thus they have different criteria.

Oh, and by the way, even if the VA gives you 100% P&T, it will not affect SSDI as with the VA you can still work while receiving the benefit but once you go on SSDI, SSA will not allow you to work.

Response by Sgt Thomas Coursey made Feb 28 at 2024 8:50 PM

Sgt Thomas Coursey — Wed, 28 Feb 2024 20:50:13 -0500

You should claim femoral nerve pain, it usually accompanies sciatic.

Response by PV2 Brittany Dennis made Feb 28 at 2024 10:53 PM

PV2 Brittany Dennis — Wed, 28 Feb 2024 22:53:09 -0500

I have a 70% service connected disability and I had my hearing in front of the law judge for ssdi, and as soon as my lawyer told the judge that, she said I already made my decision. I won my case

Response by CPL Donnie Starnes made Feb 29 at 2024 1:07 AM

CPL Donnie Starnes — Thu, 29 Feb 2024 01:07:19 -0500

The SSS gave me 100% based on My VA records, My lawyers are still trying to boost me from 90% to 100% VA, I have tried in stages since 1980 but they lied for 40 yrs that no record of my TBI in 1969, but the VSO in Rock Hill got them proving them liars !

Response by CPT Kay Mack made Feb 29 at 2024 3:42 PM

CPT Kay Mack — Thu, 29 Feb 2024 15:42:40 -0500

Do you have to be below full retirement age to get SSDI?

Response by 1SG Jerome Kuderna made Mar 1 at 2024 11:40 AM

1SG Jerome Kuderna — Fri, 01 Mar 2024 11:40:10 -0500

Va math made easy here are 100 pennies. You get 70 pennies for ptsd. Next up is 40% that is taken from the remaing 30 pennies, 12 pennies leaving 18 on the table. Etc etc etc. As for SSDI i was initially denied, and did not pursue further due to life interfering. Take a look a the SS regulations and fill out your application accordingly. Something I probably should have done first..... good luck, just know you will have a limiton how much you can make if you get it. Create a SS account if you have not. That account gives you access to things like estimated ssdi, estimates ss at retirement etc. Good luck