For veterans who have served our country with bravery, service-related disabilities can bring new challenges to their lives at home. Fortunately, there are benefits available through two important federal programs: the US Department of Veterans Affairs and the Social Security Administration. 

At Tabak Law, we know that navigating these complicated systems can be difficult. One common question we hear is whether it is possible to receive both VA disability compensation and Social Security Disability Insurance.

The answer is yes. These are separate programs with different eligibility criteria. Receiving benefits from one program does not prevent you from receiving benefits from another.

Understanding the Key Difference Between VA and SSA Disability

The main difference lies in how each agency defines “disability”.

VA Disability

The VA provides compensation for injuries or illnesses that were sustained or worsened during active military service. They assess your disability on a scale from 0% to 100%, depending on the severity of your condition and how it affects your ability to function. Even if you are currently working, you may be eligible for VA benefits.

SSA Disability

The Social Security Administration has a more strict definition of disability. To be eligible for SSDI or SSI, your condition must prevent you from participating in “substantial gainful activity” on a regular basis. In other words, you must not be able to work in a job on a full-time or continuous basis. The official definition of disability is found in the Social Security Act.

Can You Receive Both Benefits Concurrently?

Absolutely. There is no law that prohibits you from receiving both VA disability benefits and SSDI benefits. As these programs are separate, a denial or approval from one program does not automatically determine the outcome of the other. However, it’s important to understand that the evidence needed to win a case may differ.

The VA’s focus is on the link between your disability and your military service, whereas the SSA’s focus is solely on your ability to work. A high VA rating for disability can be persuasive evidence in an SSDI claim, but it is not automatically conclusive. The SSA will conduct its own independent assessment of your medical condition and functional limitations.

How a VA Disability Rating Can Help Your SSDI Claim

While not binding, a 100% permanent and total disability rating from the Veterans Administration can significantly strengthen your Social Security Disability Insurance application. It provides powerful evidence that a federal agency has already determined that you have severe and lasting impairments.

The Social Security Administration’s own regulations, found in its Program Operations Manual System, instruct adjudicators to take into account evidence from other government agencies, including the Veterans Administration. A high VA rating can help to establish the severity and duration of your condition, which is in line with SSA’s requirement that your disability must be permanent or long-term.

The Critical Importance of Strong Medical Evidence

Whether applying for VA or SSA benefits, your medical records form the basis of your claim. To make a successful SSDI claim, you need to provide comprehensive medical evidence to prove your inability to work. This includes:

• Clinical notes and treatment records from all your doctors
• Results from diagnostic tests such as MRIs, X-rays, and blood work
• Statements from treating physicians regarding your physical and mental limitations
• A Residual Functional Capacity assessment, which details your abilities and limitations in a work environment (e.g., how much you can stand or lift, your concentration abilities)

Providing updated medical evidence and a supporting statement from your doctor before your disability hearing can significantly increase your chances of receiving approval.

Why Legal Representation Matters in Dual Claims

The process of applying for VA or SSDI benefits can be long and complex. Most claims are initially denied. Combining applications from both programs adds another level of complexity. Hiring an attorney who is familiar with the intricacies of these programs can be invaluable.
You don’t have to choose between your benefits. For a free, no-obligation consultation, please contact Tabak Law. We’re proud to help veterans across the country.