What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Does A Certain Percentage of VA Disability Automatically Make You Eligible For Social Security Disability?
How to prove you are disabled
and win disability benefits
The eligibility criteria for Social Security disability and VA disability are not the same. Not only are the two programs completely separate and different, the basis for being awarded disability with Social Security can be more problematic than with VA disability. Social Security disability is a “total” disability program not a percentage disability program. For Social Security purposes, an individual must be completely unable to perform substantial gainful work activity due to their disabling mental or physical impairments. This basically means that an individual must be completely incapable of going back to any one of their former jobs within the last fifteen years (this fifteen year period is known as the relevant work period).
Conversely, VA disability is based upon service related injuries or conditions that may or may not cause an individual to be “totally” disabled. Veterans receive a disability benefit monthly amount based upon their percentage of disability rating, and they receive this monthly benefit whether they are working or not. In fact, there are many veterans receiving disability benefits from the VA that are working full time jobs in the civilian national economy. This stands in direct opposition to Social Security disability rules and regulations. For social security disability and SSI disability, the ability to perform substantial gainful work activity indicates that an individual is not disabled.
Social Security disability determinations cannot be based upon whether or not a person receives VA disability because the criteria for disability approval is so vastly different for the VA and Social security systems. As was stated, there are veterans with one hundred percent VA disability who are working full time jobs. Individuals who are working full time jobs could never be approved for social security disability or SSI because the social security administration does not consider individuals who can work full time to be disabled.
In conclusion, there is no percentage of VA disability that will automatically make an individual eligible for Social Security disability benefits. Veterans have to go through the same medical process as all other citizens, and if they meet all the requirements of Social Security disability they will be entitled to receive a disability benefit.
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Topics and Questions
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials