Veterans Disability Claim Lawyer: How to Pursue SSDI Benefits After Military Service

Veterans Disability Claim Lawyer: How to Pursue SSDI Benefits After Military Service

Military service often leaves lasting physical and mental scars. If an injury or illness now keeps you from working, you may be entitled to more than one kind of disability benefit. Many veterans know about VA disability compensation. Fewer realize they may also qualify for Social Security Disability Insurance (SSDI). A veterans disability claim lawyer can explain how the two programs fit together and make sure your SSDI application is built to succeed.

VA Disability vs. SSDI: Two Separate Programs

VA disability compensation and SSDI are run by different agencies with different rules.

• VA disability compensation pays for conditions connected to your military service. The VA assigns a rating from 0 to 100 percent based on severity.
• SSDI pays if a medical condition prevents you from working for at least 12 months, or is expected to result in death. It does not matter whether the condition came from your service, a civilian job, or an illness unrelated to work.

This difference matters. A 70 percent VA rating does not automatically mean Social Security will find you disabled. Social Security applies its own definition of disability. It does not adopt the VA's decision, but the medical evidence behind your VA rating can be valuable support for your SSDI claim.

Can Veterans Receive Both VA and Social Security Disability?

Yes. Veterans can collect VA disability compensation and SSDI at the same time. VA compensation does not reduce your SSDI payment, and military retirement pay does not either.

There is one important exception. Supplemental Security Income (SSI) is a separate, needs-based program, and it counts VA benefits as income. If your work history is limited and SSI is your only option, your VA payments can reduce or eliminate that benefit. Knowing which program you are applying for is one of the first things a lawyer will sort out.

Who Qualifies for SSDI as a Veteran?

To qualify for SSDI, you generally need to meet two tests.

1. Work credits. Most adults need 40 Social Security work credits, with 20 of them earned in the last 10 years before the disability began. Younger workers need fewer. Active duty military service is covered by Social Security, so your years in uniform count toward your credits.

2. A qualifying medical condition. Your condition must be severe enough that you cannot perform substantial work. Social Security looks at more than your old job. It considers whether you can do any work, given your age, education, skills, and work history.

Conditions veterans commonly bring to SSDI claims include:

• Post-traumatic stress disorder, depression, and anxiety
• Traumatic brain injury and migraines
• Back, neck, knee, and shoulder injuries
• Respiratory illness and cancers linked to burn pits or toxic exposure
• Nerve damage, chronic pain, and amputations

SSDI also has a five-month waiting period. Benefits begin after you have been disabled for five full months, so filing early protects your claim.

Faster Processing for Veterans

Social Security offers expedited handling for some veterans, and many people miss it.

• Wounded Warriors: Service members who became disabled while on active duty on or after October 1, 2001, can have their claims fast-tracked, regardless of where or how the disability happened.
• 100% Permanent and Total VA rating: Veterans with this rating are also eligible for expedited processing.

Tell Social Security about your military status when you apply. Include your DD-214 and your VA rating decision so the request is not overlooked.

Why Claims Get Denied and How a Lawyer Helps

Most initial SSDI applications are denied, and veterans are not exempt. Common reasons include:

• Not enough medical evidence connecting your condition to your inability to work
• Gaps in treatment
• Incomplete or inconsistent forms
• Missed medical exams or unanswered letters from Social Security

A denial is not the end. You typically have 60 days from receiving the denial letter to appeal. The process moves through reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and then federal court. Each stage has strict deadlines, and missing one can mean starting over.

A veterans disability claim lawyer works on the parts of the case that decide the outcome:

• Collecting complete records from the VA and your private doctors
• Asking your treating providers for statements on what you can and cannot do, such as how long you can sit, stand, lift, or concentrate
• Showing how your combat-related or service-related symptoms limit daily work
• Preparing you for testimony at your hearing
• Meeting every appeal deadline

Social Security disability lawyers work on contingency. You pay nothing upfront, and the fee is a percentage of your back pay, capped by Social Security. If you do not win, you owe no attorney fee. Louis Law Group focuses on Social Security disability claims for clients nationwide, including veterans. For VA compensation appeals, you will need a representative accredited by the VA, so ask about this early.

Steps to Take Now

If you are struggling to work, these steps will put you in a stronger position.

1. Gather your documents. Collect your DD-214, VA rating decision, VA exam results, and treatment records.
2. List your work history. Write down your jobs from the last 15 years, including what you did each day.
3. Keep seeing your doctors. Regular treatment is the best evidence that your condition is real and ongoing.
4. Apply promptly. You can apply online at ssa.gov, by phone, or at a local Social Security office.
5. Do not ignore mail. Respond to every request from Social Security, and calendar every appeal deadline.
6. Talk to a lawyer early. Having Louis Law Group involved from the start can prevent mistakes that lead to denial, and you do not have to wait for a denial to ask for help.

You served your country. Getting the benefits you earned should not be one more fight you face alone.

If you believe you qualify for SSDI benefits, Louis Law Group can help. Contact us today for a free consultation.