Tuesday, August 5, 2014

Expedited Veterans Disability Process



Previously I had written about how social security treats VA disability ratings when a disabled servicemember attempts to obtain disability benefits.

Although there is no increase in the weight given to a VA disability rating, there is a new expedited Veterans disability process. 

If you are a veteran with a 100% disability rating from the VA, you have a new process that under which Social Security will treat your application as high priority and issue an expedited decision.

To receive expedited treatment, you must prove, with a VA notification letter,  that you have a 100% rating.  That with your application for Social Security disability benefits begins the process.

Unfortunately, Social Security only expedites the process, it give no additional weight to the fact you have a 100% rating from the VA, and it does not represent, in any manner, that you will be approved for benefits.

Social Security emphasizes that even with a 100% VA rating, you must still meet the strict eligibility requirements for a disability finding.

From a public relations standpoint such an program sounds great, but without additional weight given to the VA rating in the Social Security arena in most cases it will just allow a quicker receipt of a denial.
Most veterans coming out of the service with a disability are young and although disabled, social security’s disability program is designed for applicant’s over 50 years of age.  Although I have had some success in obtain benefits for younger individual, it is very difficult.  The best thing that could happen , for the disabled veteran, would be adopting of a regulation that requires Social Security to give significant weight to the 100% VA rating.

For more information – go to http://ssa.gov

Since writing this blog, I have spoken with several veterans trying to obtain social security benefits.  They have misconstrued the expedited process thinking it assures benefits to a veteran with a 100% disability rating.  After explaining that all the process does is allow a earlier look see, there has been a lot of anger displayed.  Unless their disability meets/equals a listed impairment, they most likely will receive a denial.  Most of the Veterans are young, and a younger individual has a tough time obtaining benefits.  Explaining all of this, they feel that the process really is of no benefit to them.  

In many cases, those suffering PTSD, will need a hearing before an administrative law judge to have a real chance at benefits, just because of the need to prove how disabling the PTSD

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