October 31, 2008
How Does a VA Disability Rating Help my SSDI Case?
I recently received the following email from a reader of this blog.
I have a claim going now for SSDI and have not recieved a decision yet however after reading your blog I am very curious about your experience with VA disability and SSDI. I am 100% disabled and receive VA disability. How does or can this affect my SSDI claim?
Jonathan Ginsberg responds: Generally, a disability finding by the VA will be of great benefit in your Social Security case. The Social Security law provides that judges must consider VA findings as evidence in your favor. It has been my experience that any SSDI case that also has a 100% VA disaiblity finding has been a winner. Even cases where the VA disability rating is less than 100% are usually approved.
Filed under SSDI and VA benefits by
Jonathan Ginsberg


Comments on How Does a VA Disability Rating Help my SSDI Case? »
Thanks for sharing Johnathan. I too am waiting for what I expect to be a 100% rating from the VA soon. Currently I am rated as 90% by the VA which should have been 100% for years now. I have been service connected for Major Depression Disorder/Somotoform pain disorder/Degenenerative disc disease/Ulcer/Glaucoma/bowel impairment…just to name a few. I had the same question the other gentleman had because it has been such a fight with the VA in and of itself, I thought the SS administration followed their same pattern of deny, deny, and deny! Well I know its just a matter of time before I can no longer work due to these unfortunate conditions that I have attained and I sure hope that I wont have to fight for four years for my SSDI as I have with the VA. Thanks again! Kelley
I have been rated 100% servic-connected, disabled by the VA for legal blindness and dementia and had a claim turned down by the SS disability office because of a technicality ruling. A friend hired me to do labor construction for a short while in 2004. the catch 22 is that this gave me enough credits for disability (I had not worked since 2002 and have not since). They are calling this "gainful employment" and disqualified me, even though this was a friend, the employment lasted only 6 months and was mutually terminated because it was not safe for me.
I have now had to appeal this, and may not have a hearing for a year and a half before a judge. I will make sure I get all my medical records from the VA and send them to the appeal judge, because I don't know if they even considered or understood the medical records which were GLARING in terms of disability. Who are these people making the decisions?
I an shocked because it seems that the SS tries to find reasons NOT to qualify someone, even though they know I am clearly disabled 100%. It took 2 years with the VA whom I found much much more compassionate, and helpful. Everyone told me that it would be a "shoe in" because of the severity of my VA documented disabilities. Not true.
Who could believe that someone 100% disabled, legally blind could be turned down on a technicality?
I would like to know how long does it take before you rececived a hearing date for a hearing with the Administation Law Judge
Are you sure the SSA disqualified you because you worked in 2004? In order to qualify for SSDI, you need enough work history paying into SS, but you have to have worked within the past 5 years: that might be the reason you do not qualify now. If in fact you are somehow disqualified because you worked and received "gainful employment" for a period, make sure they review their decision if they have not considered that your disability includes being legally blind because their are special rules for blindness, including being able to "freeze" your work history, and being able to make more during a "trial" period than for other disabilities. At least have someone in SSA who knows what they are doing review your case with these points in mind. (Not all gov workers are created equal.)…and good luck!
Something else to consider…if you have a VA disability rating for a service-connected condition and are drawing compension and you are approved for SSDI, you can draw both amounts fully. However, if your VA disability rating is for non-service connected conditions and you draw a non-service connected pension, and you are granted SSDI, your VA pension is reduced dollar-for-dollar by the amount of your SSDI, retroactive to the date that the SSA determines that you were eligible for SSDI even if SSA backdates your claim by years. Many vets end up owing a lot since pension is based on income, they were "overpayed" by the VA when they receive the lump sum from SSA, their pension stops and they are expected to repay the VA before it resumes. And this is why you need someone like Mr. Ginsberg…
I am receiving a VA non-service connected pension. If I go back into the workforce, the va payments will stop when I reach the monthly quota. If I work for five years and receive no VA payments, can I get payments to restart when I reach 65 and quit working?
You have to be almost blind to qualify under blindness. I am blind in the right eye. But my left (good) eye must be 20/200 or worse to qualify under SSA. I have vision in the left eye. Also, you must have worked 5 out of the past 10 years to qualify for disability, not necessarily sequential.
Since I'm 100% PERMANENT and SERVICE connected, SSA won't affect my VA compensation for Agent Orange (Diabetes) related issues: blind right eye, renal dysfunction, CHF, Diffibrilator installed, 20-30% Ejection Fraction, quad bypass with dual stents, uncontrolled Diabetes with 3 shots of insulin per day. By the way, SSA denied on my first attempt and I gave up (my mistake). I am re-applying and going all the way, with a lawyer if I have to. My question: What part of 100% Permanent dissability does the SSA not undestand?
Me again. You must tie in your functionality (or lack)in performing your current job. A listing of conditions is not enough. You must state how those conditions limit your ability to perform ANY job at your intake interview. Don't do a half-arce job. They also look at your age and education to see if you can do other work. I don't know why SSA does not properly advise people before they apply. They should have seminars on what they look for. Their backlog would dwindle, but lawyers would lose their jobs. Talk about effective government…..
If you went back to work, you must not be disabled! You either are or are not!