- William J. La Croix
VA disability benefits and Social Security Disability Insurance (SSDI/DIB) benefits
Are you a Veteran with Service Connected Disability Benefits? Do you know that it is possible to also receive Social Security Disability Insurance (SSDI) Benefits? I have answered some questions that you may have below.
1. Will Social Security Disability Insurance Benefits offset my VA benefits? No.
2. If my VA disability service connected rating is less than 100%, will that prevent me from getting SSDI Benefits? Not necessarily, VA disability benefits relate only to Service Connected impairments. Social Security will not only consider those, but also other, non-service connected impairments that may affect your ability to work.
3. By the same token, Social Security will not automatically find you eligible for SSDI if your VA rating is 100%. The two agencies have different rules for determining disability noting, for example, that a 100% VA disability rating does not mean that the recipient cannot work.
4. The VA typically pays benefits from the date I applied for those, does Social Security calculate back benefits the same way? No, if supported bt medical evidence, Social Security will pay back benefits for up to a year before the date of application.
5. Do the calculation of attorney fees for back SSDI benefits differ from those for VA benefits? Yes, the VA allows attorneys to charge a fee equal to 20% of past due benefits. It is not limited to a maximum amount of past due benefits. Social Security allows the attorney to charge a fee of 25% of past due benefits limited to a maximum fee of $6,000.
6. I can help you file for SSDI benefits. I can, also, assist you if you have a claim for SSDI benefits even if you already have a hearing scheduled before an Administrative Law Judge.
7. And, of course, I can assist you with VA claims you may have pending or desire to file.