Can I Receive Both VA Disability Benefits and Social Security Disability Benefits at the Same Time?

Can I Receive Both VA Disability Benefits and Social Security Disability Benefits at the Same Time?

Understanding How VA Disability Compensation and Social Security Disability Benefits Work Together

Many veterans ask us the same question after they receive a favorable decision from the Department of Veterans Affairs (VA): “Can I receive both VA disability benefits and Social Security Disability benefits at the same time?”

The short answer is-Yes—in many cases, you can receive both.

In fact, thousands of veterans across the country receive both VA disability compensation and Social Security Disability Insurance (SSDI) benefits;however, whether you qualify depends upon several factors, and simply receiving one benefit does not automatically entitle you to the other.

Understanding how these programs work together can help you maximize the benefits you have earned through your military service and work history.

VA Disability Compensation and Social Security Disability Are Different Programs

Although both programs evaluate disabilities, they were created for different purposes.

VA Disability Compensation

VA disability compensation is designed to compensate veterans for disabilities that are connected to their military service.  The VA evaluates:

• whether the condition is service-connected;
• the severity of the condition; and
• the appropriate disability rating.

Veterans may receive disability ratings ranging from 0% to 100%, and many veterans continue working while receiving VA disability compensation.

For example, a veteran with a 70% PTSD rating or a 60% back disability may still work full-time while receiving VA disability compensation.

Social Security Disability

Social Security Disability Insurance (SSDI) serves an entirely different purpose.

Rather than compensating veterans for service-connected injuries, SSDI provides benefits to workers who have paid Social Security taxes and who can no longer engage in substantial gainful activity because of severe medical impairments expected to last at least one year or result in death.

Unlike the VA, Social Security does not assign disability percentages.

Instead, Social Security asks one central question:

Can you still perform substantial work on a regular and continuing basis?

Recommended Reading: SSA is Not Asking if you can do any Work, They are Asking if You can Maintain Steady Employment

The Good News: Receiving VA Disability Benefits Does Not Prevent You From Receiving SSDI

One of the biggest misconceptions among veterans is that they must choose between VA disability compensation and Social Security Disability benefits-that simply is not true.

In most situations:

• VA disability compensation does not reduce your SSDI benefits.
• Receiving SSDI does not reduce your VA disability compensation.

These programs are funded differently and serve different legal purposes.  If you qualify for both, you may generally receive the full amount of each benefit.

SSDI and SSI Are Not the Same

Many people use the phrase “Social Security Disability” to describe both SSDI and Supplemental Security Income (SSI), but they are different programs.

SSDI

SSDI is based upon your work history and the Social Security taxes you paid while working.

If you have sufficient work credits and meet Social Security’s definition of disability, your VA compensation generally does not affect your SSDI benefit amount.

SSI

SSI is different.

SSI is a needs-based program designed for individuals with limited income and resources.

Although VA disability compensation is generally not counted against SSDI, it may affect eligibility for SSI because SSI considers many sources of income when determining financial eligibility.

That distinction is important.

Many veterans qualify for SSDI without affecting their VA compensation, while SSI requires a separate financial analysis.

Recommended Reading: Social Security Disability Insurance (SSDI) vs. Supplemental Security Income (SSI): What’s the Difference?

You Still Must Meet Social Security’s Definition of Disability

Receiving VA disability compensation—even a 100% disability rating—does not automatically qualify you for SSDI as Social Security uses its own five-step evaluation process.

The agency considers:

• whether you are working;
• whether you have severe medically determinable impairments;
• whether your condition meets one of Social Security’s Listings;
• whether you can return to your past relevant work; and
• whether you can perform other work that exists in significant numbers in the national economy.

This means two veterans with identical VA disability ratings may receive different Social Security decisions.

Recommended Reading: The VA Says I’m Disabled—So Why Did Social Security Deny My Claim?

Recommended Reading: What is the Five-Step Sequential Process Used by SSA in Evaluating a Claim for Disability Benefits?

Social Security Looks at Functional Limitations

One of the most important concepts in an SSDI claim is your Residual Functional Capacity (RFC).

Rather than focusing on a disability percentage, Social Security evaluates what you can still do despite your medical conditions. For example, can you:

• stand throughout a workday?
• lift and carry objects?
• sit for prolonged periods?
• use your hands effectively?
• maintain concentration?
• interact appropriately with supervisors and coworkers?
• perform work activities on a regular and continuing basis?

These functional limitations often determine whether you qualify for SSDI.

Recommended Reading: What Do Permanent Work Restrictions Mean in Workers’ Compensation and Social Security Disability Cases?

Recommended Reading:  Why Work Classifications Matter in Alabama Workers’ Compensation and Social Security Disability Cases

Recommended Reading: Why Postural Limitations are so Important in a Disability Claim

Recommended Reading: How Limitations in Your Ability to Reach, Handle, Finger, and Feel can Affect your Claim

Recommended Reading: Why your Grip Strength is so Important in Disability Claim

Your VA Medical Records Can Be Extremely Valuable

Although Social Security applies different legal standards, your VA medical records frequently become some of the strongest evidence in your SSDI claim.

Those records may include:

• MRI and CT scan results;
• X-rays;
• specialist evaluations;
• orthopedic treatment;
• neurological examinations;
• mental health counseling;
• PTSD treatment records;
• medication history;
• physical therapy records; and
• detailed functional assessments.

Consistent medical treatment often helps demonstrate the severity and long-term nature of your medical conditions.

Mental Health Conditions Can Qualify for Both Programs

Many veterans receive VA disability compensation for conditions such as:

• PTSD;
• depression;
• anxiety disorders;
• traumatic brain injury (TBI);
• military sexual trauma (MST)-related conditions; and
• other service-connected mental health disorders.

These same conditions may also support an SSDI claim, but  Social Security evaluates how those conditions affect your ability to:

• understand and remember instructions;
• maintain concentration;
• interact appropriately with others;
• adapt to workplace changes; and
• sustain competitive employment.

Again, the focus is not the VA disability percentage—it is your ability to work.

Age Can Become an Important Factor in SSDI Claims

One important advantage of Social Security Disability is that vocational factors become increasingly important as workers grow older.

For many veterans over age 50, Social Security considers:

• age;
• education;
• previous work experience;
• transferable skills; and
• Residual Functional Capacity.

In some situations, older veterans who spent decades performing heavy physical labor may qualify for SSDI under the Medical-Vocational Guidelines even though they do not meet one of Social Security’s medical Listings.

For example, under 20 C.F.R. Part 404, Subpart P, Appendix 2, Table No. 3, Rule 203.01, a claimant who:

• is limited to medium work;
• is 60 through 66 years old;
• has a limited education or less; and
• previously performed unskilled heavy or very heavy work

may be found disabled because Social Security recognizes the practical difficulty of transitioning to new employment late in a person’s working life.

Recommended Reading: How Age Affects Your Disability Claim

Recommended Reading: Understanding the Grid Rules

Recommended Reading:  Can You Really Perform Heavy Work?

Applying for One Benefit Does Not Automatically Apply for the Other

Another common misunderstanding is that filing for VA disability automatically starts a Social Security Disability claim.

It does not.

Likewise, filing for SSDI does not automatically create a VA disability claim.

Each program:

• has its own application;
• follows its own regulations;
• applies different legal standards; and
• requires its own decision-making process.

If you believe you qualify for both, you generally should file separate claims.

Should Veterans Apply for Both Programs?

In many situations, the answer is yes.

If your service-connected medical conditions prevent you from maintaining substantial employment, you may qualify for:

• VA disability compensation;
• Social Security Disability Insurance (SSDI); or
• in some circumstances, both.

Receiving one benefit should not discourage you from exploring whether you qualify for the other.

Because the eligibility requirements differ, many veterans who receive VA disability benefits also successfully obtain Social Security Disability benefits.

The Bottom Line

Veterans have earned the right to pursue every benefit available under the law.

If your service-connected medical conditions prevent you from working, you may be entitled to receive both VA disability compensation and Social Security Disability Insurance benefits at the same time.

The key is understanding that these are separate programs with different legal standards.

A favorable decision from one agency can provide valuable evidence for the other, but each claim must ultimately satisfy its own requirements.

At Powell & Denny, we have represented injured and disabled workers throughout Alabama for more than 30 years. If you have questions about an Alabama Workers’ Compensation claim, or a claim for Social Security Disability benefits, don’t hesitate to contact the experienced attorneys at Powell and Denny today a free consultation; remember. Virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live, and remember-there is no fee unless you win.

Powell & Denny: We Work When You Can’t.

Offices in Birmingham, Alabama and Huntsville, AL