Tuesday, June 19, 2012

Does a SS Disability Rating Affect a VA Disability Claim

By Jacquelyn Jeanty

The Social Security Administration and the Veterans Administration both award disability benefits on the basis of a person's ability to work when suffering from a disabling condition. Both programs fulfill similar purposes, but a disability rating from the Social Security program doesn't necessarily affect the ruling on a disability claim for the Veteran's program.

The Veterans Administration, or VA awards disability benefits to military personnel who've suffered a disability as a result of active duty service. Service personnel can receive disability benefits from one of two different programs, known as the Pension and Compensation programs. The Compensation awards benefits to persons injured during active duty, while the Pension program awards benefits to older, retired veterans who have limited incomes. One of the conditions for submitting a VA disability claim requires applicants to first apply for Social Security disability benefits.

The Social Security Administration administers two separate programs for people who qualify for disability benefits. People who have a sufficient work history can apply through the disability program, or SSDI. People who lack a sufficient work history can apply through the Supplemental Security Income program. In order to qualify, a disabling condition must prevent a person from performing within any type of work role on an ongoing basis. In effect, SS disability ratings work according to an all-or-nothing principal, meaning a person must suffer from a total or permanent disability in order to qualify for benefits.

The Veterans Administrations makes disability determinations based on a ratings scale that measures how much a disabling condition affects a person's ability to work. The rating scale assigns a percentage of disability based on a person's physical condition. This percentage also determines a person's disability benefit amount. In effect, a person can still qualify for disability benefits through the VA without having a total or permanent disability. As a result, someone who has been denied benefits through Social Security disability can still receive benefits through the VA.

Since the Veterans Administration requires veterans to apply for Social Security disability before applying through the VA, some veterans may end up qualifying for both SS and VA disability benefits. Normally, when a person qualifies through another benefit program, the Social Security Administration reduces the amount of disability benefits a person receives. In the case of VA disability benefits, a person's Social Security benefit amount remains unaffected. In addition, the Social Security Administration factors in time served in the military when determining a person's disability benefit amount. In effect, veterans who qualify for both SS and VA disability benefits can receive monthly benefits from both programs at the same time.


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