Yes you can receive Social Security Disability Benefits and VA Disability Benefits.

Recently I had a former client contact me regarding his application for Social Security Disability Benefits. Specifically, he wanted to know whether or not he could receive both VA disability and Social Security Disability Benefits.

So for those looking for the quick answer, yes, you can receive Social Security Disability Benefits and VA Disability Benefits. Let's take a closer look.

VA Disability Benefits

VA disability compensation (pay) offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service.

Many service men and women receive VA Benefits. It is estimated that 3.9 million veterans receive VA Disability Benefits.

If you are receiving VA Benefits, you can still receive Social Security Disability Benefits.

Social Security Disability Benefits

In order to qualify for Social Security Disability, a Claimant must demonstrate that they have a disability that will last at least 12 months or end in death. They define Disability as:

§ 404.1505. Basic definition of disability.

(a) The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition, you must have a severe impairment(s) that makes you unable to do your past relevant work (§ 404.1560(b)) or any other substantial gainful work that exists in the national economy. If your severe impairment(s) does not meet or medically equal a listing in appendix 1, we will assess your residual functional capacity as provided in §§ 404.1520(e) and 404.1545. (§§ 404.1520(g)(2) and 404.1562 for an exception to this rule.)

(b) There are different rules for determining disability for individuals who are statutorily blind. We discuss these in §§ 404.1581 through 404.1587. There are also different rules for determining disability for widows, widowers, and surviving divorced spouses for monthly benefits for months prior to January 1991. We discuss these rules in §§ 404.1577, 404.1578, and 404.1579.

If a Claimant can meet the Social Security Administration definition of disabled and have enough quarters of coverage, that Claimant can receive SSDIB, regardless of that Claimant's VA Disability Income.

A Claimant may not be able to recover benefits under Social Security Supplemental Income

If a claimant does not have enough “quarters of coverage” to receive Social Security Disability Benefits but is still able to meet the definition of Disabled created by SSA, that Claimant may qualify for SSI benefits. However, SSI is a “needs-based” program that considers all income into the household, including VA Disability Benefits. In simple terms, the Social Security Administration will offset your SSI benefit against your VA benefits. In most cases, the outcome ends up being about the same in total benefits.

Summary

A veteran can receive both Social Security Disability Benefits and VA Benefits. Veterans who receive a 100% VA Disability Rating can receive expedited processing of their claims with the Social Security Administration Disability Program.

The Wegner Law Firm can help you successfully apply for Social Security Disability Benefits. Schedule a Consultation Today