When you develop a medical condition due to your military service that renders you unable to continue serving or work in civilian employment, you may qualify for various disability benefits from the Department of Veterans Affairs and the Social Security Administration. You deserve to obtain the maximum benefits under federal law and regulations. However, you may worry about how applying for VA disability benefits may affect your eligibility for Social Security disability or the amount of your benefits if you already receive VA or Social Security disability benefits.
Understanding VA Disability Benefits
The VA offers monthly tax-free disability payments to veterans with medical conditions caused or worsened by their military service. Veterans may qualify for benefits if they served on active duty, active duty for training, or inactive duty training, and either:
- Got sick or injured while serving in the military, and that illness/injury caused their current condition
- Had an illness or injury before joining the military, and their military service made it worse
- Developed a disability related to military service that did not appear until after their service ended
VA disability benefit amounts depend on a veteran’s disability rating, their family size, and certain special factors. The VA may provide other disability benefits to veterans, including housing assistance, clothing allowances, and vocational support services.
Overview of Social Security Disability Benefits
The Social Security Administration operates two disability benefits programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI provides benefits to workers who cannot work due to a qualifying disabling medical condition. A person can qualify for SSDI if they have a sufficient work history that demonstrates their contributions to the Social Security System. SSI provides disability benefits to low-income disabled individuals. People applying for SSI must have monthly income and countable assets that fall below specific thresholds to qualify for benefits.
Both programs provide benefits to qualifying individuals who have medical conditions that prevent them from performing substantial gainful activity, and those conditions will last at least 12 months or result in death. The Social Security Administration defines substantial gainful employment as earning more than a specific threshold of monthly income. However, the VA uses different criteria for determining whether a veteran has a “disability.”
SSDI pays benefits based on a claimant’s career earnings. SSI pays a fixed monthly benefit minus any income or certain benefits a claimant receives.
How VA Disability Affects SSDI
Receiving VA disability benefits generally does not affect a veteran’s eligibility for SSDI benefits or the amount of benefits they may receive. However, veterans cannot use their VA disability benefits as income to calculate their SSDI benefits since the federal government does not tax VA benefits. However, a veteran who receives a 100 percent disability rating from the VA may request expedited processing of their SSDI application.
How VA Disability Affects SSI
Because SSI eligibility depends on an applicant’s income, receiving VA disability benefits (which SSI counts as income) may affect an applicant’s right to SSI or the amount of money they receive from SSI. Veterans who receive VA disability benefits that total more than the monthly threshold for SSI eligibility will have their SSI applications denied. However, even if a veteran still qualifies for SSI with their VA disability benefits, those benefits can reduce the monthly benefit check they receive from SSI.
Contact a VA Disability Attorney Today
When you qualify for both VA and Social Security disability benefits, an experienced VA disability lawyer from Coskrey Law can help you maximize the financial assistance you receive. Contact our firm today for a free, no-obligation consultation to discuss your legal options.