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 into restrictions on the ability to do work? The claimant (or representative) needs to show that PTSD or anxiety interferes with such abilities as attention, persistence, pace, responding appropriately to supervision or co-workers...., etc. Alternatively, lumbar disc degeneration must be shown to limit the ability to stand, walk, sit, lift, bend, push, pull...., etc.
The third step is to establish the severity of each limitation. Not every limitation equals disability. It will be necessary to compare past relevant work (the past 15 years) to determine the exertional classification of each job (sedentary, light, medium, heavy, very heavy). Also, we need to know what were the mental demands of past work. The decision maker must decide whether the claimant is able to perform any of his or her past relevant work.
Finally, the decision maker must determine whether the claimant is able to perform any other work that exists in significant numbers in the US economy.
There is one tremendous difference between a veteran's Social Security disability application and that of a civilian or non-veteran. The veteran will not be disqualified merely because he or she is still on active duty or is receiving active duty pay--even if the pay exceeds the level of "substantial gainful activity." As long as the veteran is not able to perform his or her work, pay is not disqualifying. (It's a very different story in the civilian world).
Also, if the veteran has a 100 percent permanent and total disability rating with the Veterans Administration, Social Security will provide an expedited decision on the Social Security claim. (It is NOT necessary to have a 100% VA rating to get SSDI benefits; the rating simply expedites the process).
Many veterans get financial relief in the form of Social Security disability benefits, including Medicare or Medicaid, before they get a VA disability rating or a discharge. When they are eventually approved for VA benefits, veterans may continue to receive both SSDI and VA benefits.
Veterans seeking Social Security disability benefits should explore their options fully by contacting a professional who is experienced in working on Social Security disability claims. Most representatives do not charge a fee until the disability claim has been approved and back pay has been awarded.
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 into restrictions on the ability to do work? The claimant (or representative) needs to show that PTSD or anxiety interferes with such abilities as attention, persistence, pace, responding appropriately to supervision or co-workers...., etc. Alternatively, lumbar disc degeneration must be shown to limit the ability to stand, walk, sit, lift, bend, push, pull...., etc.
The third step is to establish the severity of each limitation. Not every limitation equals disability. It will be necessary to compare past relevant work (the past 15 years) to determine the exertional classification of each job (sedentary, light, medium, heavy, very heavy). Also, we need to know what were the mental demands of past work. The decision maker must decide whether the claimant is able to perform any of his or her past relevant work.
Finally, the decision maker must determine whether the claimant is able to perform any other work that exists in significant numbers in the US economy.
There is one tremendous difference between a veteran's Social Security disability application and that of a civilian or non-veteran. The veteran will not be disqualified merely because he or she is still on active duty or is receiving active duty pay--even if the pay exceeds the level of "substantial gainful activity." As long as the veteran is not able to perform his or her work, pay is not disqualifying. (It's a very different story in the civilian world).
Also, if the veteran has a 100 percent permanent and total disability rating with the Veterans Administration, Social Security will provide an expedited decision on the Social Security claim. (It is NOT necessary to have a 100% VA rating to get SSDI benefits; the rating simply expedites the process).
Many veterans get financial relief in the form of Social Security disability benefits, including Medicare or Medicaid, before they get a VA disability rating or a discharge. When they are eventually approved for VA benefits, veterans may continue to receive both SSDI and VA benefits.
Veterans seeking Social Security disability benefits should explore their options fully by contacting a professional who is experienced in working on Social Security disability claims. Most representatives do not charge a fee until the disability claim has been approved and back pay has been awarded.
Comments
Post a Comment