Posts

Showing posts from December, 2015

WHAT SOCIAL SECURITY MUST CONSIDER for DISABILITY

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...

VETERANS, DID YOU KNOW....?

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...

HOW VETERANS CAN GET SOCIAL SECURITY DISABILITY BENEFITS

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...