The short answer: yes, it is possible to have both. Neither SSDI nor VA disability is need-based, so you may be able to receive both. But there are a few things you need to know before you begin your application, and before you begin receiving benefits.
Social Security Disability Insurance
This is a program that provides monthly disability payments to workers under 65 who have sufficient work credits and qualifying disabilities that prevent you from working.
Additionally, you can’t receive retirement and/or SSI benefits at the same time as SSDI. Once you reach retirement age and begin collecting Social Security, your SSDI will be discontinued.
However, SSDI is not affected by VA or DoD disability benefits.
VA Benefits
There is a difference between VA benefits and VA disability benefits.
VA disability benefits are based on the VA’s schedule of ratings that determine your amount of disability. You do not have to be totally disabled, you can also be partially disabled. Even a 0% rating acknowledges the presence of a service-connected condition that could later manifest and cause you to be at least partially disabled.
If you receive a VA pension, which is income and needs based, it can affect the amount you receive from SSDI, and vice-versa.
The Difference
One thing to remember is that Social Security and the VA are two separate governmental entities. Qualifying for VA disability benefits is not an automatic qualification for SSDI—you must apply for it separately.
Receiving VA disability benefits has no effect on an application for SSDI, and the SSA does not give weight to VA approvals for consideration of its own decisions. But since the SSA shares the medical database with both the VA and the DoD, they will have access to military and veteran medical records. These records may be used to expedite claims processing for vets with a 100% disability rating or “Wounded Warriors,” those who were injured on active duty after October 1, 2001.
However, if you are on SSDI, the VA is required to consider records that are used for approval of SSDA, and those medical records can provide valuable information for your VA claim.
You can apply for SSDI whenever your disability prevents you from working. You must be totally disabled in order to receive SSDI benefits.
However, for VA disability, you should apply as soon as you begin dealing with a service-connected disability condition. The VA awards benefits based on either partial or total disability.
The VA’s “Fast Track” Application Program
The unfortunate part of applying for any kind of governmental benefits is the time it takes before you begin receiving them. The VA has taken notice, and introduced the Fully Developed Claims (FDC) program, commonly called the “Fast Track.” The VA developed this program to help cut down on the backlog of applications that take years to complete.
The difference is that submitting an FDC will require you to do more of the preparation and “legwork” than you would if you were submitting a standard application. But submitting an FDC also qualifies you for retroactive benefits if you were disabled for a year before you submitted the application, and if it’s your first application.
The new application forms are all available at the VA’s website. You’ll need the VA Form 21-526EZ, Fully Developed Claim (Compensation) for disability compensation claims, which is a simpler, shorter application.
Legal Representation And Help For Disability Claims
If you’re applying for either SSDI or VA disability benefits, the process can be confusing. An incorrectly prepared claim for either or both can result in a denial. The time to get help is at the outset, to ensure that the application process is done correctly.
The Herren Law Firm has helped over 4,000 Houstonians get the benefits they deserve. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation (or use our online contact form.) We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case.
