Fighting for Disabled Veterans Social Security Benefits

As a veteran in the United States, you could qualify for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). Many veterans think they cannot apply for these additional benefits if they are receiving VA disability payments.

However, they can often be available either in conjunction with or in place of your VA disability payments providing more income for your household. An SSD advocate can help you during the application process, so you receive the benefits to which you are entitled. Here we look at the types of benefits you can apply for to help supplement your income as a disabled veteran.

What are VA Benefits?

If you have a disabling condition “incurred or aggravated by your military service” you are entitled to compensation from the government for your sacrifice. Veterans’ disability assistance is paid on a graduated scale, based on the level of your disability. The scale is rated in 10 percent increments from 10% to 100%. For non-service disability, veterans must have served during wartime and have limited assets and resources and also be discharged from service. Those with dishonorable discharges are not eligible.

What About Survivors of Veterans?

There are different forms of VA compensation including:

• Dependency and Indemnity Compensation: Payable to a surviving spouse, child, or parent of a veteran killed in active duty, training for active duty, or death due to a service-related disability.
• Special Monthly Compensation (SMC): Payable to Veterans, their spouses, surviving spouses, and parents based on the need for aid resulting from an injury or death.

VA compensation can also be through something like Adapted Housing grants, Service-Disable Veterans’ Insurance, and Veterans’ Mortgage Life Insurance.

What are Social Security Benefits for Disabled Veterans?

For Social Security Administration (SSA) your disability does not have to be caused by your military service. It also does not take into consideration your discharge status, so even those with dishonorable discharges can apply. SSA does not use a graduated scale to determine the amount paid. In this case, you have to provide evidence of your physical or mental health condition that has limited your ability to work to earn enough money to make a living. You also have to provide evidence that your disability has lasted or will last at least 12 months or for life.

What are SSDI Benefits?

To receive Social Security Disability Insurance (SSDI) you must prove you have an injury or condition preventing you from working and that will last for at least 12 months or until death. When applying for SSDI you must prove you have one of the eligible impairments on the impairments list. Veterans’ disability help through a social security insurance advocate can make the process easier.

How Your VA Status Can Expedite SSI/SSDI Processing

If you have a 100% Permanent and Total (P&T) disability rating from the VA, you could qualify for expedited processing for your social security disability benefits. When applying for SSI or SSDI you must identify yourself as a “Veteran rated 100% P&T” and be sure to include your VA rating notification letter.

If you suffered disabling mental or physical health injuries on or after October 1, 2001 while on active duty, you are also eligible for expedited SSI/SSDI application processing under the Wounded Warrior program. Even those whose injuries did not take place during combat operations can qualify. In this case, be sure to inform SSA your injuries are related to active duty when applying.

No ‘Offset’ for SSA and VA Disability Benefits

In cases of workers’ compensation and other types of public disability benefits your Social Security payments can be reduced due to a process called “offsetting.” For VA disability, if you qualify for both, neither will impact the amount you receive as offsetting does not apply. Supplemental security income assistance through a social security disability advocate can ensure you understand what you can and cannot apply for.

SSI and VA Benefits

Once approved for a VA pension you can’t qualify for SSI. Effective as of 2021 you can make no more than $794 a month to qualify for SSI. Since this is also the maximum monthly SSI payment for your VA if you receive more than this for your VA benefits you won’t qualify for SSI.

SSDI and VA Benefits

For SSDI benefits your unearned income through VA does not affect your earnings through SSDI. Instead, your VA and SSDI monthly benefits are added together. You can also receive medical care through both benefits as SSDI recipients can receive Medicare two years after the date they became entitled to collect benefits while veterans are eligible for coverage under the military’s Tricare program. What happens, in this case, is Medicare becomes your primary payer which is billed first and then you can use your Tricare as a supplement to share the balance of costs.

What is a VA Pension?

VA pensions are paid based on a disability not resulting from active service or because of age. To qualify for a VA pension based on age, you must be at least 65 years old. Otherwise, you must:

• Have suffered a permanent and total disability
• Be a patient in a nursing home for long-term care because of your disability
• Be receiving Social Security Disability Insurance or Supplemental Security Income
• Your annual family income must meet Congressionally mandated limits

As with VA benefits, you can’t qualify if you were dishonorably discharged.

VA Pension Service Criteria

You must meet the following service criteria to collect a VA pension:

• Started on active duty before September 8, 1980, and you served at least 90 days on active duty with at least 1 day during wartime
• Started on active duty as an enlisted person after September 7, 1980, and served at least 24 months or the full period for which you were called or ordered to active duty (with some exceptions) with at least 1 day during wartime
• Started on active duty as an officer after October 16, 1981, and you hadn’t previously served on active duty for at least 24 months

Wartime periods include:

• The Mexican Border period from May 9, 1916, to April 5, 1917
• World War I from April 6, 1917, to November 11, 1918
• World War II from December 7, 1941, to December 31, 1946
• Korean War from June 27, 1950, to January 31, 1955
• Vietnam War era from February 28, 1961, to May 7, 1975, either in the Republic of Vietnam during that period and from August 5, 1964, to May 7, 1975, or outside the Republic of Vietnam
• Gulf War from August 2, 1990, through a future date, to be set by law or presidential proclamation

Regardless of what you understand you might qualify for as a veteran, it is always best to seek assistance from an advocate. It is even more important when your claim is denied. Claimants are twice as likely to win an SSD appeal by having an advocate.

Without someone who understands how to properly apply, and what to apply for, there is a higher chance your claim will be denied. In fact, two-thirds of claims get denied upon initial submission without assistance from an advocate like Princeton Disability.

Schedule a free consultation. We’re here to fight for you.