Posted on Mar 23, 2014
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Given the formula the VA uses, it's VERY difficult to hit 95% or higher (what it takes to get 100%) disability. But all this gets you is now the SSA will "fast track" a request for benefits.....which was only implemented this month! The VA takes great pains to come to their decision; multiple doctors, specialists, etc. Then the SSA turns around and does the same thing! Shouldn't the VA's decision carry more weight?
Disability
Compensation
Benefits
Posted >1 y ago
Responses: 32
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Please support HR 3499 which is a bill to tie VA 100% to an automatic approval of Social Security Disability benefits.
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LTC David B.
Sir, in my humble opinion, if you rate a disability and cannot work due to these disabilities which occurred while in service of our country, SSA should accept that, provide benefits, and expedite benefit payment.
As many have pointed out, serving is writing a blank check and you never know when or if that check will be cashed. If it is, so may we well be.
The burden of proof is, as is well established by SFC Dan Sorrow, M.S. in his post different between the VA and SSA; however, perhaps legislation should be changed to allow for SSA benefits to be more easily attained by disabled Veterans. The more help which is available the more tragedy's we avoid.
Thank you for this interesting and thought provoking question,
SFC Joseph M. Finck USA (Ret)
Sir, in my humble opinion, if you rate a disability and cannot work due to these disabilities which occurred while in service of our country, SSA should accept that, provide benefits, and expedite benefit payment.
As many have pointed out, serving is writing a blank check and you never know when or if that check will be cashed. If it is, so may we well be.
The burden of proof is, as is well established by SFC Dan Sorrow, M.S. in his post different between the VA and SSA; however, perhaps legislation should be changed to allow for SSA benefits to be more easily attained by disabled Veterans. The more help which is available the more tragedy's we avoid.
Thank you for this interesting and thought provoking question,
SFC Joseph M. Finck USA (Ret)
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CWO3 (Join to see)
Yes,
There is a major problem with SSD & SSD, but when you're dealing with two different government agencies with different regulations and laws, there's always going to be a misunderstanding with SSD and VA. The difference is that the VA compensates veterans with disabilities due to their military service because the statutory laws of 38 U.S.C. states that veterans will be compensated from 10% to 100% because they can't gain substantial gainful employment opportunities due to their disabilities. The SSA/SSD doesn't say substantial gainful employment, just any employment and you meet their stringent criteria on what disabilities the SSA/SSD considers total and permanent at least 6 months or a disability that is Terminal in nature. What I'm trying to convey to you is that if you had an SSD attorney to represent you, than you would have a better chance of winning your claim. S/F, James
There is a major problem with SSD & SSD, but when you're dealing with two different government agencies with different regulations and laws, there's always going to be a misunderstanding with SSD and VA. The difference is that the VA compensates veterans with disabilities due to their military service because the statutory laws of 38 U.S.C. states that veterans will be compensated from 10% to 100% because they can't gain substantial gainful employment opportunities due to their disabilities. The SSA/SSD doesn't say substantial gainful employment, just any employment and you meet their stringent criteria on what disabilities the SSA/SSD considers total and permanent at least 6 months or a disability that is Terminal in nature. What I'm trying to convey to you is that if you had an SSD attorney to represent you, than you would have a better chance of winning your claim. S/F, James
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SSG Antoinette Segar
SSG Stanford, I've been denied 4 times with 100% P+T. ALJ ruled the same - if I can go to church, socialize with my family and due to obesity I am not disabled. Furthermore, ALJ showed no empathy to understanding why I have PTSD & each decisions stated my disabilities are severe but not enough for approval.
I don't understand, we paid into our SS whereas those who received SSDI without paying into SS get approved in one shot.
SSA rules, regulations and proceedings are merely against disabled Veterans and need to change.
I don't understand, we paid into our SS whereas those who received SSDI without paying into SS get approved in one shot.
SSA rules, regulations and proceedings are merely against disabled Veterans and need to change.
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CPT (Join to see)
SSG Antoinette Segar - a person that has not paid into the system can't apply for ssdi. The benefit they can apply for is SSI. However, I do agree in that we as citizens that have paid into the system should be helped in one way or another.
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I believe SS looks at it as a binary question. Can you work or can you not work. I am sure you are going to do well. Also ask about monies for minors under 18 from SS.
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