VETS AND SOCIAL SECURITY BENEFITS: QUESTIONS WITH ANSWERS

Thousands of Alabama veterans qualify for Social Security disability benefits each year. The Forsythe Firm in Huntsville represents many of these veterans.

We have compiled a list of frequent questions and answers that we hope will help veterans looking for more support than the VA is able to offer.


Q.  May veterans receive both VA disability and Social Security disability at the same time?
A.  Yes.  Veterans paid into Social Security and are covered if they become disabled.

Q.  If a veteran is 100% disabled according to the VA, will Social Security automatically recognize that disability?
A.  No.  Social Security has its own rules which are not the same as the Veterans Administration.  However, a vet with 100 percent permanent VA disability qualifies for an expedited decision on the Social Security disability claim.  Instead of waiting up to 4 months for a decision, vets may get a decision in a few days.

Q.  Will receiving Social Security disability reduce benefits from the VA?
A.  No.  Social Security and VA benefits do not "offset" or reduce each other.  You may receive both.

Q.  Is there an income limit for a veteran who applies for Social Security disability?
A.  No.  There is no "means testing" and income does not play a factor in a disability decision.

Q.  Will I have to attend a hearing to get Social Security Disability?
A.  Possibly.  If the initial application is denied, then a hearing becomes necessary to appeal the decision and recover benefits.

Q.  Is there a national organization of qualified Social Security disability representatives?
A.  We recommend you choose a representative affiliated with NOSSCR - the National Organization of Social Security Claimants Representatives, a non-profit organization with thousands of attorneys and other representatives qualified to represent Social Security disability claimants nationwide.

Contact the Forsythe Firm    7027 Old Madison Pike NW - Suite 108

PHONE (256) 799-0297     No Fee Unless You Win

Comments

Post a Comment

Popular posts from this blog

VA RATINGS NOT BINDING ON SOCIAL SECURITY - BUT THEY MAY HELP

VA DISABILITY RATINGS ARE NOT BINDING ON SOCIAL SECURITY During the last decade, I have had the privilege of representing dozens of disabled veterans in getting their Social Security benefits.  My success rate has been near 100 percent in these cases.   However, VA disability ratings are not binding on the Social Security Administration.  The VA may issue a 90 or 100 percent disability rating and Social Security can still deny benefits. The regulations governing VA benefits are different from those controlling Social Security disability benefits.  The evidence required by Social Security is also different, as are the procedures.  The key to winning Social Security disability is to prove the case according to their rules . Finally, I notice that Social Security initially denies most claims filed by disabled veterans.  I believe that's because the decision making process is flawed at the initial or application level.  However,...
Read more

HOW TO GET SSDI PAYMENTS (Social Security Disability Benefits)

WHAT IS SSDI?   SSDI stands for Social Security Disability Insurance. Since 1956, the US government has required most workers to contribute to a mandatory disability insurance plan administered by the Social Security Administration.  Workers contribute approximately 7.5% of their income (listed as FICA tax on your pay stub) and employers match that amount.  The money goes into a trust account under each worker's Social Security number. A worker must accumulate a certain number of "quarters of coverage" based on payroll deductions to be covered by Social Security (SSDI). Then, if a disability occurs, the worker can apply for disability benefits.  If the worker can meet the medical definition of "disability," benefits will be paid. What Are Basic Medical Requirements for Disability?   Assuming a person has worked long enough and recently enough to be covered, here are the basic rules for getting SSDI benefits: at least 1 severe impairment that is ...
Read more

USE BOTH PHYSICAL AND MENTAL RESTRICTIONS TO WIN DISABILITY

In Social Security disability cases, decision makers will often deny a claim on the supposition that the claimant can still perform unskilled, sedentary work.  Examples of such unskilled sedentary work might be a surveillance system monitor, or a document preparer. All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting. The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskilled work and will, therefore, justify a finding of disability. Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis."  A...
Read more