Can you win your Social Security Disability case if you are given a 100% disability rating at the VA?

Have you found it odd that a VA disability determination is not binding at all on the Social Security Administration? VA disability is different from Social Security in that the VA system issues ratings in percentages whereas Social Security is “all or nothing.” You can have a 70% VA rating but there is no equivalent in Social Security – either you are 100% disabled or you are not disabled at all. 

Many vets think that qualifying for VA disability benefits automatically makes them eligible for Social Security Disability benefits. However, the two programs define disability quite differently. Both programs also have different applications processes. 

In 2017, Social Security published new regulations saying that Social Security will no longer take VA approvals for disability compensation into account when deciding whether to grant disability benefits. In addition, written denials or hearing decisions from Social Security will no longer provide any information on whether the agency considered the VA's approval in its determination. 

Social Security will, however, consider any evidence that the VA looked at in making its determination. The VA and the Department of Defense (DoD) share medical records electronically with Social Security, which will use the evidence in evaluation its applications for Social Security Disability and SSI. 

Connecting Veterans with Social Security Administration (SSA) disability benefits is a critical step to increasing income stability for Veterans and their families, as well as providing health insurance for those who may not qualify for Department of Veterans Affairs (VA) health care. Veterans may be eligible for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), in conjunction with, or as an alternative to VA disability compensation. They may also use the Medicaid and Medicare health benefits that come with SSI/SSDI to supplement VA health services. The definition of disability and application process is different for SSA and VA disability benefits, and Veterans may begin receiving SSA benefits while they are waiting on a VA benefit decision and vice versa. A Veteran may receive benefits from the VA and still apply for Social Security Disability benefits. 

No matter what type of discharge you receive from the military, you can qualify for Social Security Disability, if your disability prevents you from working. Unlike the VA, a negative discharge does not bar you from receiving benefits. 

Veterans who received disabling mental or physical health injuries while on active duty on or after October 1, 2001 are eligible for expedited SSI/SSDI application processing. The injury does not need to have occurred during combat operations. When initiating the SSI/SSDI application, Veterans should inform SSA that their injury occurred while on active duty.

If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

Location: United States

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