disability lawyer who helps 100 percent disabled veteran get ssi

by Emelia Wisozk 6 min read

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Who are our 100% VA and Social Security Disability Lawyers?

Our 100% VA Disability and Social Security Disability lawyers have helped thousands of disabled people get the benefits they deserve. A behind the scenes look at who works for you at Woods and Woods, The Veteran’s Firm. At Woods and Woods, the Veteran’s Firm, we’ve helped thousands of veterans with their VA disability applications and appeals.

Can a 100% disabled veteran get Social Security disability?

100% Disabled Veterans Are Eligible For Social Security Disability Veterans can obtain both 100% VA Disability and Social Security Disability benefits at the same time. A lot of veterans believe they can only receive one or the other; not both. A lot of veterans receive both VA Disability and Social Security.

Should I hire a lawyer for my VA disability claim?

An attorney can help you get paid the most benefits you’re owed faster than you would filing on your own. For example, having legal assistance when collecting P&T documentation from the VA can speed up that process. And if your claim’s denied, a lawyer can handle your appeal quickly and efficiently.

What benefits do spouses of veterans with 100% disability get?

The U.S. Department of Veterans Affairs (VA) provides many benefits to the spouses of veterans with a 100% disability. These benefits also include additional monthly compensation for vets with other dependents like children or parents.

Can 100 percent disabled veteran receive Social Security?

Starting March 17, 2014, veterans who have a VA compensation rating of 100% permanent and total (P&T) may receive expedited processing of applications for Social Security disability benefits.

Can disabled veterans get SSI?

What about SSI? Disabled veterans can also receive both VA benefits and Supplemental Security Income (SSI), the other Social Security–run benefit program serving people with disabilities. As with SSDI, veterans may qualify for fast-track processing of SSI applications.

Is 100% VA disability considered totally disabled?

100% Service-Connected Disability Compensation Rating A veteran is considered totally and permanently disabled if they have received a disability rating of 100% for service-connected disability compensation and the VA does not expect the condition to improve.

What does 100% VA disability entitle you to?

For 100% Disabled Veteran Benefits, the DoD gives the veteran full medical care and a monthly payment for the rest of their life. Since the veteran has a 100% rating, the amount of this payment is equal to the full amount allowed by regular retirements.

What is the monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

How much extra Social Security Do veterans get?

For those who served between 1957 and 1977, credits equal $300 for each quarter of active-duty pay. Those serving between 1978 and 2001 receive credits equal to an additional $100 in earnings for each $300 they receive in active-duty pay (total credits may not exceed $1,200 a year).

What is the VA 10 year rule?

The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.

What happens to my VA disability when I turn 65?

Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.

At what age does VA disability become permanent?

20 Years: Continuous Rating If, after twenty years, a service-connected disability is rated at or above the originally assigned rating level, it may not be lowered below the original level. The VA considers these ratings continuous, and is not allowed to rate you any lower from then on.

What is the VA 55 year rule?

What is the VA 55-year-old rule? Veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55 years old. This includes veterans who will be 55 by the date of a future examination, according to the VA Adjudication Procedures Manual.

Are 100 disabled veterans considered retired?

If you have less than 20 years of active service a disability rating of 30 percent or higher will qualify you for retirement, and a disability rating below 30 percent will result in separation. If you have 20 or more years of active service, retirement will be recommended regardless of your disability rating.

What benefits do spouses of 100 disabled veterans get?

Health Benefits Spouses and children of disabled veterans may be eligible for reimbursement for inpatient and outpatient services, prescription medications, medical equipment, nursing care, and mental health care as long as the following remains true: The veteran and their spouse remain married.

100% Disabled Veterans Are Eligible For Social Security Disability

Veterans can obtain both 100% VA Disability and Social Security Disability benefits at the same time. For some reason a large number of veterans be...

Differences Between VA Disability Benefits & Social Security Disability

VA Disability and Social Security Disability are different because:The VA and SSA are separate government entities. The Veterans Benefits Administr...

Appealing 100% VA Disability and Social Security Disability Denials

If your 100% VA Disability and Social Security Disability benefits are denied, you can appeal that decision. Just know you have a very short window...

FAQ: 100% VA Disability and Social Security Disability

What happens if I’m denied one benefit and approved for the other? If you are approved for one benefit and denied the other, you will start receivi...

Get Help from Our VA Disability Lawyers & Social Security Disability Attorneys

Woods & Woods can help veterans obtain both 100% VA Disability and Social Security Disability. When you call Woods & Woods you’ll get an experience...

What states have the best benefits for 100 disabled veterans?

Five States for Veterans to Live: Alaska . According to government statistics in relation to our metrics, we are naming Alaska as the most veteran-friendly place to live. South Dakota . South Dakota comes in a close second on our list of veteran-friendly states. Wyoming . Nebraska . North Dakota .

What benefits do 100% disabled vets get?

Benefits for 100 Percent Disabled Veterans Health. When enrolling in the VA health care system, each veteran is assigned to a priority group. Housing . Specially Adapted Housing Grant. Special Home Adaption Grant. Temporary Residence Adaptation. Vehicle Registration. Recreation. Benefits for dependents.

Can you get 100 disability from the VA and still work?

A veteran generally can still work when receiving VA disability . However, typically in order to receive individual unemployability or a 100 percent schedule rating for certain disabilities , a veteran cannot work full time or make over a certain amount of money per year (generally anything above the poverty line).

What does 100 disability from the VA mean?

To be 100 % disabled by VA standards means that you are totally disabled . Veterans awarded disability at this level receive the maximum in scheduler monthly compensation. The Department of Veterans Affairs ( VA ) has stringent criteria veterans must meet in order to receive this rating.

How long do VA disability payments last?

Generally, 12 years of separation from service or within 12 years of being awarded service-connected VA disability compensation .

What happens to my VA disability when I die?

Are a Veteran’s Disability Compensation Payments Continued for a Surviving Spouse After Death? No, a veteran’s disability compensation payments are not continued for a surviving spouse after death. However, survivors may be entitled to a different type of benefit called Dependency and Indemnity Compensation .

Is erectile dysfunction a VA disability?

There is no specific disability rating for erectile dysfunction . Instead, the VA rates the condition under 38 C.F.R. § 4.115b.

How to contact a 100% VA disability attorney?

There is never a charge to talk to our 100% VA Disability attorneys about what benefits you are entitled to receive. For assistance, please fill out this contact form or call toll-free (866) 232-5777.

How to get 100 VA disability?

Gather up all your medical evidence. The key to obtaining 100 VA Disability is to have medical evidence to prove you are entitled. We can’t stress enough how important it is to have medical documentation of your impairments. If you are not currently being treated by a doctor and do not have medical documentation, you are less likely to receive 100 percent Veterans Benefits. The Veterans Administration will accept VA doctors’ and non-VA doctors’ reports and files.

How long do you have to appeal a VA disability decision?

Veterans who are denied 100 VA Disability Benefits have the option to appeal. You only have one year from the date the decision was made to appeal. The appeals process gets complicated fast – it is important to get legal representation. At Woods & Woods, when you hire us for your appeal, our team of doctors, lawyers, case managers, case analysts, and support staff go to work for you. Our legal team often works with psychologists and vocational experts to help veterans get the medical documents they need to win their appeal.

How does the VA determine if you have 100% disability?

How does the VA determine whether I have a 100% VA Disability? Basically, the Veterans Administration is going to look at the severity of your mental and physical conditions and give them a VA Disability rating. Then the Veterans Administration is going to total up all your ratings and give you a final rating. However, please note that you must look at the combined rating table to determine if your final VA Disability rating – a 10% and a 10% doesn’t equal 20%.

How much does 100 VA pay monthly?

How much does 100% of VA Disability pay monthly? Currently, a disabled veteran who obtains 100 VA Disability is eligible to receive $2,906.83 a month. If you are approved for 100 VA Disability, you may also receive back pay. This is a lump sum check of owed benefits.

Can you get a 100 percent VA disability?

If for some reason your mental and physical impairments cannot equal a 100 percent VA disability rating , our attorneys may explore the option of Total Disability Individual Unemployability (TDIU) benefits. If you are having trouble getting or keeping employment because of service-connected mental and physical impairments, TDIU benefits may be for you. The TDIU VA disability lawyers at Woods & Woods look for TDIU eligibility in every veteran’s case. TDIU benefits and a 100 percent VA disability rating pay the same.

Do you have to pay a VA disability lawyer?

Our lawyers only charge if we win. The 100 percent VA disability attorneys at Woods & Woods only charge if we win your VA benefits claim. If you do not obtain VA disability benefits, you do not have to pay our lawyers.

How old do you have to be to get SSD?

In plain English, this means you worked 5 in the last 10 years full time for jobs that withheld Social Security taxes from your paychecks. Only applicants aged 18-64 can qualify for SSD benefits. If you’re old enough to draw regular Social Security or already applied for early retirement, the SSA automatically denies your disability claim.

How long does a condition last on Social Security?

Your doctor must expect your condition to last at least 12 months in a row, or result in your death. In addition, you must meet these technical eligibility requirements, regardless of your health problems: You must have at least 40 Social Security work credits when you apply.

Is it easier to get disability for veterans?

Social Security disability for veterans is easier to get if you have a 100% permanent and total (P&T) VA rating. These men and women would receive Social Security disability benefits in addition to monthly VA compensation. Though the programs may sound similar, you must meet two different sets of totally unique criteria to qualify for both payments.

Can veterans get disability?

Social Security disability for veterans may be available to those who have a compensation rating of 100% permanent and total (P&T).

Do you have to meet the SSA definition of disability?

More specifically, applicants must still meet the SSA’s definition of “disability” in order to get those payments. If you’re unfamiliar with how the SSA defines “disability,” here’s a brief overview from their website: Your medical issue must stop you from holding a job that pays enough to cover your monthly expenses.

Can you get an expedited claim review if you have a 100% P&T?

If you’re a veteran with a 100% P&T rating, you likely qualify for an expedited claim review. That means you basically skip to the front of the line so the claims examiner reviews your records first.

Does Having a 100% P&T Rating Guarantee Social Security Disability For Veterans?

Unfortunately, no. Having a 100% P&T rating won’t guarantee that you qualify for Social Security disability benefits. For example: If your 100% P&T rating is for a short-term issue, you may not meet the criteria for SSD benefits. (A good example of this is undergoing major joint replacement surgery that completely disables you for a six-month period.) Social Security disability for veterans is available solely for claimants whose impairments last 12 months or longer.

What do I need to know about the VA and Social Security programs?

Both Social Security and VA pay disability benefits. However, their programs, processes, and criteria for receiving benefits are very different.

Does VA compensation affect Social Security?

Your medical condition (s) must have lasted, or be expected to last, at least one year or to result in death. If you receive VA compensation, this will not affect your Social Security benefits.

Does VA compensation guarantee disability?

A VA compensation rating of 100% Permanent and Total does not guarantee that you will receive Social Security disability benefits. To be approved for Social Security benefits, you must meet Social Security’s definition of "disability.". To be found disabled:

Does the SSA require a 100% disability?

SSA automatically identifies most veterans that meet the VA 100% Permanent and Total disability compensation rating. However, in rare instances, a veteran may have to self-identify as meeting the rating and provide the VA notification letter as proof.

How much is a disabled veteran entitled to?

If you are a disabled veteran who served in any branch of the United States military, you may be entitled to up to $2,700 in payments each month through the Social Security Disability Insurance (SSDI) program. These payments are in addition to the benefits you receive through the Department of Veterans Affairs (VA).

How long does it take to get SSDI?

The average wait time for claimants is 18 months. Some claimants wait more than three years for approval. The massive SSDI backlog means most applicants are left waiting in limbo, unable to work to pay for housing, food, or medical care. In 2017, more than 10,000 disability applicants died before their claims fully processed.

Can I get SSDI if my VA is 100%?

While even claimants with a VA compensation rate of 100% P & T are not guaranteed approval for SSDI benefits, if your rating is 70% or greater, your chance of receiving disability through the SSA is increased significantly.

Does VA disability reduce SSDI?

Income from VA disability will not reduce your SSDI benefit payments. Disabled Veterans are not required to be retired or separated from the military to apply for SSDI benefits. Our team can help you apply for SSA disability while you are hospitalized, in a rehabilitation program or receiving outpatient treatment.

Does military pay count as SSDI?

SSDI recipients are prevented from earning substantial amounts or they risk losing benefits. Military pay that is not earned from work activity, however, does not count. Former military members can receive up to $2,700 per month in SSDI benefits while also receiving disability and other benefits through the VA.

Do disabled veterans get SSDI?

Most disabled veterans applying for SSDI already have a VA compensation rating. SSDI and VA programs and criteria are very different, however. The Social Security Administration does not base disability determinations on VA ratings. Instead, you must meet the SSA’s definition of disability to receive SSDI benefits.

What Is It That SSI Lawyers Do?

Supplemental Security Income, also known as SSI, is a federally funded program aimed at helping disabled, blind, or elderly Americans with the money needed to meet the needs of daily living in America. Unfortunately, the process of applying for and attaining Supplemental Security Income can be overwhelming for the typical American. All too often, those who most need this supplemental income, throw up their hands in frustration and give up on ...

What to do if denied SSI?

If you have been denied SSI benefits in the past, but truly believe that you should qualify for them, you should consider hiring a professional lawyer to help represent your case. You do not have to already have been denied to hire a lawyer because a lot of people feel like they should already have a lawyer just in case they need one. It is never a bad idea to have a legal attorney fighting for your side. If you are looking for a quality SSI attorney that will represent you in an honest manner, you need to contact our team at National Disability Benefits. We can provide you with a free disability evaluation and a free case evaluation. It is our goal to help you get the benefits that you deserve, even though it can be a frustrating process.

What does SSI stand for?

Other folks do not even know what SSI stands for, let alone whether or not they qualify for it. SSI is an abbreviation for Supplement Security Income , which is a federal welfare program for the blind, elderly, or disabled.

Why are lawyers important?

Lawyers are one of the leading professionals you need to have around you. They are knowledgeable, intelligent, hardworking, and well-grounded to handle any legal issue. The law is as diverse as there are lawyers. There are various fields of law because the law seeks to regulate every activity of humans. That is why some lawyers delve into and specialize in Supplemental Security Income Law.The Social Security Administration manages Supplemental Security Income ...

What are the benefits of being a disabled veteran?

One of the best disabled veteran benefits available is VA disability compensation pay. If you have a disability condition that was caused or made worse by your active-duty military service, you may be eligible to receive tax-free monthly compensation. Veterans can prepare and file their own VA disability compensation claim for FREE by opening a Notice of Intent to File on the VA.gov website for a VA disability increase or first-time filer. An “Intent to File” puts the VA on notice that you’re planning to file a VA claim, which is important because it sets an effective date for when you could start getting benefits while you prepare your disability claim and gather supporting documents (Note: Limited to 12 months of back pay from your Notice of Intent to File date, unless in an appeal situation). Click HERE to view the 2021 VA disability compensation pay rates.

Who is Brian from Military Disability?

Brian is also the CEO of Military Disability Made Easy, which is the world’s largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013.

What is free medical care for disabled veterans?

This is one of the top disabled veteran benefits, which includes free health care for disability conditions related to military service for veterans with a disability rating of at least 50%, as well as for those who can’t afford to pay for care.

How long does it take to add dependents to VA disability?

The application typically takes 30 days or less to add or remove dependents.

What is the VA funding fee for 2020?

For example, let’s say a first-time veteran home buyer purchases a $300,000 home and makes a down payment of $15,000 (or 5% of the $300,000 VA home loan). You’ll pay a VA funding fee of $4,702.50, or 1.65% of the $285,000 loan amount. Note the funding fee applies only to the VA loan amount, NOT the purchase price of the home. Now, if you’re a disabled veteran with a service-connected disability rating of 10% or higher, you are exempt from the VA home loan funding fee! Disabled veterans can check eligibility requirements HERE.

How many steps are there in VA disability claims?

His frustration with the 8-step VA disability claims process led him to create “VA Claims Insider,” which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim.

How many points do veterans get?

Veterans may be eligible to receive a 0, 5, or 10-point Federal hiring preference in competitive appointments. Veterans may be considered for special noncompetitive appointments for which only they are eligible by law. Click HERE to read more about Federal Hiring Preference for Veterans.