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, most veterans can be approved on appeal.  So, the lesson is:  always appeal a denied claim within the 60 day deadline.  This is true with veterans, just like it is with everyone else.  You often must be denied first to be approved on appeal.

For a Free Case Evaluation or Help Call (256) 799-0297
or (256) 431-1599.

www.ForsytheFirm.com

Comments

  1. Charles W. ForsytheMarch 28, 2017 at 7:51 PM

    The Veterans Administration and the Social Security Administration each have their own disability programs. Veterans may qualify for full benefits from BOTH of these agencies. However, they evaluate disability by a different set of rules. One big difference is that the VA allows partial disability in increments of 10%. So you may have a 10%, 20%, 30%....up to 100% disability rating with the VA. However, it is all or none with Social Security; you are either disabled or not. If you served your country and now have a disability, let me help you with a Social Security disability claim. Please be aware that you may lose the right to file a Social Security claim within a few years after you stop work or leave the military. If you have a claim, you should file it now.

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  2. Charles W. Forsythe, MSDecember 8, 2017 at 3:48 PM

    I just assisted a Wounded Warrior who lives in another state. His claim had been tied up in red tape for months. He was completely eligible to receive SSDI benefits but he couldn't get his claim moving through the system. I was able to take steps to push the claim forward (expedited status because he is a disabled veteran). I am happy to say this case had a good ending and just in time for Christmas.

    ReplyDelete
  3. Charles W. ForsytheMay 27, 2018 at 9:36 AM

    Thousands of veterans miss out on millions of dollars in SSDI payments, either because they don't file or they don't appeal their denial. It is normal, almost expected, that Social Security will deny claims--even veterans with 100 percent VA disability ratings get denied routinely. Nearly all of these veterans can get SSDI benefits if they persist with an appeal and get appropriate representation. The maximum monthly Social Security benefit for a non-blind individual is now over $2,600. It is well worth fighting for. Best of all, you pay absolutely no legal fee unless you win AND recover back pay. And the attorney/advocate fee can never be more than 25 percent of the back pay that's recovered. It's win-win for the veteran.

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