HOW VA DISABILITY DIFFERS FROM SSDI

Veterans who served after 1955 are covered for Social Security disability benefits, in addition to VA benefits, if they become disabled.  And while the two programs have some similarities, they also have several differences.

The Forsythe Firm handles dozens of veterans cases each year and with great success.  I thought it might be useful to point out a few of the major differences in Social Security disability (SSDI) vs. VA disability.

  • SSDI requires total disability, i.e., the inability to perform full-time work, in order to get a benefit.  There is no partial disability, as there can be with the VA.
  • The application process is separate and different for SSDI.  Social Security and the Veterans Administration don't network or cooperate.  You must apply for SSDI separately.
  • SSDI will usually get denied at the application level and a hearing will be required to get benefits approved.  This hearing is presided over by an Administrative Law Judge (federal).
  • Evidentiary requirements for SSDI are different.  You must have a "medically determinable impairment of a severe nature" for SSDI.  Also, evidence must be from an "acceptable medical source."
  • SSDI benefits will be of a different amount than the VA benefit.  The amount of monthly benefits is determined by age, past wages and FICA taxes withheld.
  • There is a 60-day deadline to appeal any unfavorable Social Security decision.  This deadline is very strict.

Our firm offers free consultations and a contingency fee that requires the claimant to pay us a fee only if the Social Security case WINS and if it collects past due benefits or back pay.  There is absolutely no upfront cost involved.  Social Security will withhold and pay our fee directly after the case settles (if it wins and if back pay is awarded).  Otherwise, there will be no fee to us and no costs to the claimant.

Veterans wishing to discuss a Social Security disability claim should contact our Huntsville office (next to Redstone Arsenal), as follows:
_______________
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297

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