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When you choose to serve your country in the Armed Forces, you are setting yourself apart from the rest and making a contribution of your time and years of your life. If you are hurt or disabled as a veteran, you deserve access to all the assistance available to you, including Social Security Disability Insurance (SSDI) benefits. 

Getting your claim approved can be time-consuming and confusing. You should be spending your time focusing on readjusting to your life after service. By working with a skilled Social Security Disability lawyer, you can turn these concerns over to someone with your best interests in mind. A compassionate attorney can explain the process and help you with the details. 

Veterans Can Receive VA and SSDI Benefits

After serving your country, you have many identities. You are a disabled American. You are also an American hero who served your country in the Armed Forces. You may also be a war veteran who is disabled as a result of protecting your country during combat in Iraq or Afghanistan.  

Maybe the carnage of war caused you to suffer from Post-Traumatic Stress Disorder (PTSD). Maybe you have rejoined civilian life yet find it difficult to adjust. Finding or maintaining work may be overwhelming, making it more important than ever to start receiving the full benefits you are entitled to have.

As a disabled veteran, you may apply for benefits from the Veterans Administration or VA. After a short time, you start receiving VA benefits. You then apply to the Social Security Administration, or SSA, for disability benefits. You can apply for the Social Security Disability Insurance, or SSDI, program and possibly the Supplemental Security Income, or SSI, program. 

What Are Social Security Disability Insurance and Supplemental Security Income?

The Social Security Administration (SSA) was created by Congress in the 1930s as part of President Franklin D. Roosevelt’s Great Society and later expanded under President Richard M. Nixon. The SSA is charged with providing financial security to retirees and those who are disabled. There are two main programs through which it does this: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

SSDI

SSDI is a program that provides income to those who are no longer able to work due to a disability from any cause. The program is funded through a payroll tax. Part of the FICA tax payment is earmarked for SSDI. If you worked 10 of the past 20 years and have not worked in at least 12 months due to disability, then you are eligible for SSDI. 

To qualify for SSDI benefits, you must not be able to perform “substantial gainful activity” or SGA. There are a number of criteria about what constitutes substantial activity and what the income limits are. These conditions include:

• If you are able to earn as much as $1,470 per month, your income is considered SGA.
• For those who are legally blind, the income limit is $2.460.
• Your work history is used to determine if you have transferable skills that could help you achieve SGA.
• Volunteer work for which you are paid is considered SGA.
• If you are under 31, you may qualify for benefits if you have insufficient work history.
• You are eligible to receive benefits during a trial work period if you find a new job in case you are unable to accept the position permanently. 

 Like many other aspects of the SSDI process, understanding what qualifies as SGA can be confusing to the average person. This is when it helps to speak with a skilled Social Security attorney who can examine your unique circumstances and explain your options.

SSI

SSI, in contrast, is not based on a prior work history but is instead based on your income.  Two other differences are that the SGA cap does not apply to blind applicants and that the trial work period does not apply to any SSI applicants.

To receive SSI benefits, your income must be below the mandated amount, which is the same as for SSDI listed above, and you must also have a disability. This could include being blind. 

Note that qualifying under the SSA is either disabled or not disabled, based on SSA criteria. There is no partial disability under the SSA.

Do Military Benefits Affect My Eligibility for SSDI or SSI Benefits?

You may qualify for and receive benefits as a disabled military veteran from the Veterans Administration (VA). For the VA benefits, you can be listed as not disabled, partially disabled, or disabled. SSDI benefits are based on work history and whether you are disabled. The SSA doesn’t have a category of “partially disabled.” You either do or do not have a disability.

The same holds true for SSI benefits as far as disability goes. In fact, qualifying for VA benefits can often provide support for your claim of disability for your SSDI or SSI application. 

Receiving VA benefits does not affect your eligibility for SSDI. As discussed, SSDI benefits are for those who have a working history and now have a disability. It is not income-based, so receiving VA benefits will not affect your eligibility. 

For SSI benefits, however, the income provided by VA benefits may put you over the SGA limits and result in a denied claim. SSI is meant for those who are disabled and also on a reduced income. 

What Should You Do if Your SSDI Benefits Are Denied?

After a wait of three to four months, you receive a reply from the SSA that rejects your application. The rejection might cause confusion. If you were eligible for VA benefits, why are you not eligible for SSDI or SSI benefits? You may also worry that receiving VA benefits has hurt your eligibility for SSDI and SSI benefits.

If you experience a denial of benefits, all is not lost. You can submit a request for an appeal that allows you four levels of escalation:

1. Reconsideration of your claim
2. A hearing before an administrative law judge
3. Review by the Appeals Council
4. A legal action filed in Federal court

While you may have the skills needed to perform the first three steps on your own, all of them can benefit from working with an accomplished and experienced Social Security Disability attorney. For the final step of appearing in Federal Court, you will be required to have a lawyer prepare and file the paperwork.  

Reasons Your Claim May Be Denied

Receiving a denial feels like a setback, but there are a number of reasons why the SSA may deny your claim, including:

• You made mistakes or left out information on your initial application
• You haven’t provided enough medical evidence for your claim
• You don’t meet the basic non-medical requirements regarding work history or income limits
• Your disability is not severe enough or will not last long enough
• You aren’t following your doctor’s orders for treatment
• You aren’t cooperating with requests for medical or other records
• The SSA hasn’t been able to contact you about your claim
• You are convicted of a crime
• You are suspected of benefits fraud
• Your disability is due to alcohol or drug abuse

Some of these reasons are pretty extreme for most veterans applying for benefits. However, it’s important to be aware of anything that might interfere with your application. A reputable SSDI attorney can assess your situation and determine if there are any circumstances that could be roadblocks to obtaining your benefits. 

Do I Really Need a Social Security Attorney?

While much of the application and appeals process can technically be done by individuals without help, it’s important to recognize that the Social Security Administration itself reports that as many as 67% of all first-time claims are denied. People make mistakes or forget to include essential supporting documentation. 

Sometimes, applicants are denied because they don’t understand how to use the system to their advantage. When you put your trust in the hands of an experienced Social Security Disability lawyer, you can avoid common errors and increase your chances of successfully securing your benefits. Your attorney is knowledgeable about how the process works and what to do if your claim is denied.

No matter where you are in your benefits journey, you can benefit from contacting a skilled legal professional to learn more about your options. They can also take the burden of paperwork and negotiations with government officials off your shoulders so you can focus on living your life.

Contact an Experienced Philadelphia Disability Attorney Today

If you are a veteran, we thank you for your service. We can go about our daily lives as citizens because you enlisted to protect our freedoms. If you are a disabled veteran, you may be entitled to VA benefits and SSA benefits. In addition to VA payments, you may qualify for SSI and SSDI. 

Because the application process and guidelines for SSA benefits are complex, you need an experienced and knowledgeable advocate on your side who can help you obtain the benefits you deserve. 

Contact the Philadelphia disability law firm of Krasno, Krasno & Onwudinjo through our online form to schedule a free consultation today.