VETERANS DISABILITY OF HUNTSVILLE

When veterans apply for Social Security disability, the Social Security Administration is required to consider the cumulative effects of all your impairments, both physical and mental.  Both service related and non-service related impairments must be considered. Once the evidence establishes that you have a "serious and medically determinable impairment," Social Security must determine how each impairment restricts your ability to perform basic work activities--such as standing, sitting, walking, lifting, bending or stooping, concentrating, following directions, working with others, etc. Step one in the evidentiary process is obtaining medical records.  Fortunately, the military documents everything in great detail, so veterans are usually well ahead of the general population on the availability of medical records.   The second step is to translate the medical evidence into vocational meaning.  For example, how does a diagnosis of PTSD and anxiety translate int...

Social Security disability insurance (SSDI) provides benefits in addition to VA disability or retirement benefits. Social Security may provide disability benefits without regard to your discharge status.  You may, for example, receive disability benefits while you are waiting to be discharged from active military duty. When Social Security approves a disability benefit, you may then use Medicare and/or Medicaid insurance to help with medical expenses while you wait for VA benefits to be approved.  Medicare comes with SSDI (Title 2) benefits, while Medicaid comes with SSI (Title 16) benefits. You may qualify for SSI or SSDI benefits from Social Security regardless of whether your disabling impairments are service related. VA compensable benefit ratings range from 10 percent to 100 percent in increments of 10.  Social Security disability, however, is all or none.  You are either 100 percent disabled or not disabled at all. The basic requirements for Social Se...

Disabled veterans go through essentially the same process as non-veterans to get Social Security disability benefits. There are a few notable exceptions. One exception is when the veteran has a 100 percent permanent VA disability rating.  This entitles the veteran for expedited claims processing.  If the initial decision is unfavorable, it will usually get the veteran a quicker hearing. Also, under the Wounded Warrior provision, veterans are entitled to expedited claims processing if they were injured during military service after October 1, 2001. The injury does not have to be combat related.   The definition of disability for SSI/SSDI does not require the Veteran’s disability to be linked to their military service, does not take into account a Veteran’s discharge status, and does not pay on a graduated scale. For SSI/SSDI, the Veteran needs to show: Evidence of a physical or mental health condition, which results in functional impairments that limit thei...

You attended a hearing on your Social Security disability claim.  A few weeks later, you receive a Notice of Decision in the mail that says you have received a Partially Favorable decision.  Does this mean that you are only partially disabled, not fully disabled? ANSWER:  No.  Social Security does not make awards for partial disability.  You are either disabled or not disabled.  There is no such category as "partially disabled" within Social Security law. A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date--the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did not become...

You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and paying FICA taxes.  Most adults need 20 quarters of work to be covered.  These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim.  Very young individuals might need less than 20 quarters of work. Your Disabling Condition Must Last At Least 12 Months.  Short term disability lasting less than 12 consecutive months is not covered by Social Security.  You must have an impairment that has lasted, or can be reasonably ex...

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your favor. If a vet receives Social Security disability benefits, will it redu...

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your favor. If a vet receives Social Security disability benefits, will it reduce the VA...

  The Social Security Act provides benefits for workers who are disabled.  It does not provide benefits to workers who cannot find a job.  There is huge distinction. The following are EMPLOYMENT PROBLEMS,not covered by the Social Security Act; therefore, no benefits are payble for any of these situations: Nobody will hire me. There are no jobs open in my neighborhood. My job skills are ancient and no longer in demand. The economy has tanked. The work I used to do is now performed by machines (automation). The type of jobs I could once get have moved to Mexico or Asia.  Employers only see me as a liability. I repeat that the above type of reasoning relates to unemployment and has nothing to do with disability or Social Security.   I must have a strategy to win Social Security disability and my strategy must focus on  Why I am Disabled , not Why I Can't Get a Job.  Why I am disabled must, therefore, focus on what I can and cannot do i...

Only about one-fourth of applications for Social Security disability benefits are approved without a hearing.  Below are some of the serious mistakes that claimants make.  If you are filing for Social Security disability, know these mistakes and avoid them for the best chance of winning benefits: 1.  If you have a 100 percent permanent disability rating from the Veterans Administration, ask for an expedited decision.  Disabled veterans, even those still on active duty, can qualify for a fast Social Security disability decision if they meet the 100% rule.  This can cut 12 months or more off your wait time to be approved.  It is up to you or your representative to document that you have a 100% VA disability at the time you file your Social Security claim.  You should submit your VA award letter with your application. 2.  Don't fail to ask your own doctor to complete a Medical Source Statement.  This is a form which explains what specif...