If the VA says I’m disabled, why am I still denied by Social Security?
Social security is required to consider the VA rating, but they are not bound by the VA rating. For instance, with the VA you have a scheduled rating and all the impairments may add up to 100%. Social security does not have a scheduled rating: you are either able to work or not able to work. If you are declared individual unable to work or unemployable, the VA has determined because of your service connecting conditions you are not able to work. Social security will consider it, but they are not bound to use it.
Can a person have both VA disability benefits and social security disability benefits? Yes
What about VA pension benefits and social security disability? The pension is different than the compensation for VA purposes. Compensation is based on impairment rating. Pension is given if you served during war time and don’t have any other income. If you get social security disability as well it might knock you out of pension because it is based on your income and assets.
What do you do to try to ensure the social security administration has all the most important information they need in terms of a VA rating decisions? If you are treated at the VA we get your records in a timely manner. We take the rating and submit them to the judge and point out that the VA found you have an impairment because of war disabilities.
Andrew Magruder and Les Wilkinson are experienced disability attorneys in the Central Savannah River Area who help with Social Security disability claims in Georgia and South Carolina. Our practice areas include social security disability, veteran’s disability claims, Employee Retirement Income Security Act (ERISA) Claims, and long term disability claims.
With over 55 years of combined experience, Wilkinson & Magruder can handle all stages of your social security disability claim. We are located in Augusta at 1058 Claussen Road, Suite 108. Call us today at 706.737.0591.