At Tabak Law, we recognize that behind each case is a person facing a challenging situation. For veterans, managing service-related disabilities and a separate condition that hinders employment is a significant challenge. A common query we receive is: “Can I receive both Veterans Affairs (VA) disability benefits and Social Security disability benefits?”

The short answer is yes, you can benefit from both programs. These are separate programs with different eligibility requirements, and receiving benefits from one program does not preclude you from receiving benefits from another. However, it is important to understand the different processes and legal requirements involved in order to successfully apply for and receive benefits under each program.

Understanding the Two Systems: VA vs. Social Security

The key to understanding how to receive benefits lies in understanding that the Department of Veterans Affairs (VA) and the Social Security Administration (SSA) operate under different laws and have different definitions of disability.

VA Disability Compensation

The VA provides financial assistance for injuries or illnesses that were incurred or worsened during active military service. Your disability is rated on a scale from 0% to 100%, based on the severity of your condition. You may receive compensation, even if you continue to work, but your rating may affect the amount of compensation you receive.

Social Security Disability (SSD)

The Social Security Administration (SSA) provides benefits through two main programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To be eligible, you must have a severe medical condition that prevents you from working and is expected to last for at least one year or lead to death. The SSA makes a decision based on your medical condition, whether you are found “disabled” and eligible for benefits or not.

Key Differences in the Definition of “Disability”

The most significant challenge for veterans is the varying definition of disability. According to the Social Security Administration (SSA), they have a very strict definition of disability.

• The VA may assign a high disability rating based on multiple conditions that, when combined, have a significant impact on your overall health and ability to earn income.
• The SSA does not use a rating system to determine disability benefits. Instead, they look at whether your conditions, either alone or in combination, completely prevent you from being able to work in any job in the national economy. This includes not just your previous job, but any job.

This means that a veteran with a 100% disability rating from the VA is not automatically approved for SSDI or SSI benefits. The Social Security Administration (SSA) will conduct its own evaluation of your medical records and functional limitations in order to determine if you are eligible for benefits.

How VA Disability Payments Affect SSI (But Not SSDI)

This is a crucial difference between the two Social Security Disability programs:

• Social Security Disability Insurance (SSDI): Your VA disability benefits are not considered income and will not affect your SSDI payments. SSDI is based on your work history and the taxes you’ve paid.
• Supplemental Security Income (SSI): SSI is a program for people with limited income and assets. Because of strict income and asset limits, VA disability payments will be counted as “unearned income” and may reduce your SSI benefits.

The Importance of a Strong, Separate Application for SSA

Given the stricter standards, a successful Social Security Disability claim requires a thorough application that focuses on SSA’s rules. Your VA disability rating is an important piece of evidence that demonstrates you have significant service-connected impairments. The SSA must consider all evidence from credible medical sources, including your VA doctors.

However, the Social Security Administration (SSA) examiner or judge needs to understand how your conditions lead to specific functional limitations that prevent you from performing any work. This is where the Residual Functional Capacity (RFC) assessment becomes crucial. The RFC details what you are able and unable to do in a work environment (e.g., how long you can stand, how much you can lift, your ability to focus). A supportive statement from your doctor aligning your limitations with the SSA’s definition of disability can greatly strengthen your claim.

How Tabak Law Can Guide You From Hardship to Hope

Navigating the complex world of VA and SSA benefits can be difficult. With nearly $300 million in recovered funds and more than 10,000 clients served, we are dedicated to helping our clients navigate these challenging processes with compassion and legal expertise.

If you are a veteran who is no longer able to work due to disability, you have the right to claim all available benefits. Contact Tabak Law for a free consultation today. We will help you build a strong case to transition from hardship to hope.