Can Social Security Disability Help Your VA Claim?

If you are a veteran who has navigated the disability benefits system, you may find yourself pursuing two separate programs simultaneously – VA disability compensation through the Department of Veterans Affairs and Social Security Disability Insurance (SSDI) through the Social Security Administration. While these programs operate independently, there is a connection between them that many veterans are not aware of. 

A successful SSDI award can significantly strengthen your VA claim, and understanding how to utilize this to your advantage can make the difference between receiving a low rating and receiving the full benefits you deserve.

Two Programs, Two Agencies – But One Veteran

VA disability compensation and Social Security Disability Insurance (SSDI) are governed by different laws, have different definitions of disability and are managed by separate federal agencies. Under 38 U.S.C. § 1110, VA benefits are provided to veterans with service-connected disabilities, meaning that the condition must be related to military service in some way. SSDI as defined in 42 U.S.C. § 423, can be received by any qualified worker, veteran or civilian, whose medical condition prevents them from working for at least 12 months and earning a substantial income.

Critically, you can receive both programs at the same time. The VA has confirmed this in their own guidance, and the SSA acknowledges that VA disability payments do not affect SSDI benefits. These programs do not conflict with each other, so collecting both is not only legal, but it is encouraged.

How an SSDI Award Can Strengthen Your VA Claim

When the Social Security Administration (SSA) grants Supplemental Security Income (SSDI) benefits to you, it makes a formal determination that you are totally disabled under federal law. Although the Veterans Administration (VA) is not legally required to follow this determination, it must give serious consideration to it under 38 C.F.R. § 3.303. The VA must take into account all relevant medical evidence, including SSDI awards, which are documented federal findings supported by medical records and doctor’s opinions and a vocational analysis.

There are several ways in which an SSDI determination can support a VA (Veterans Affairs) claim:

• Independent Medical Evidence: The Social Security Administration’s (SSA) disability determination is based on medical records, physician statements, and consulting examinations – all of which have evidentiary weight in front of the VA as well.
• Consistent Severity: An SSDI award indicates that your condition prevents you from working, which supports a VA rating of 100% disability or Individual Unemployability
• Credibility: A federal agency’s ruling that you are unable to work reinforces your credibility and consistency of your symptoms across different proceedings.
• Appeals Leverage: If the VA has previously denied or under-rated your claim, an SSDI award can be used as new and relevant evidence to support a Supplemental Claim under the AMA (Appeals Modernization Act) framework.

TDIU and SSDI: A Particularly Powerful Combination.

Veterans who are unable to obtain or maintain substantial employment due to service-related disabilities may be eligible for Total Disability Based on Individual Unemployability (TDIU). TDIU provides benefits at the same level as a 100% disability rating and is based on a rating of 60% for a single disability, or 70% in combination with one disability that is rated at least 40%, in accordance with 38 C.F.R. § 4.16.

An existing SSDI award is one of the strongest pieces of evidence that a veteran can provide along with an TDIU application. The Social Security Administration (SSA)’s own determination that you are unable to engage in substantial gainful employment directly mirrors the VA’s standard for unemployability.

What SSDI Cannot Do for Your VA Claim

While an SSDI award can be powerful evidence, it does not automatically bind the VA. The VA will conduct its own independent review and apply its own rating criteria based on the VA Schedule for Rating Disabilities. There are a few important limitations to keep in mind:

• SSDI does not establish a service connection. You will still need to prove that your disability originated from or was aggravated by military service.
• The Social Security Administration (SSA) uses an “all or nothing” standard – you are either completely disabled or not disabled. The VA, on the other hand, uses a graduated scale from 0% to 100%. Therefore, the SSDI determination alone cannot determine your specific percentage rating.
• Some conditions covered by SSDI may not be recognized as service-connected by the VA, and not every disability listed in your SSDI award will have a direct connection to military service.

Act on Both Claims – Do Not Wait

One of the most common mistakes that veterans make is waiting to file a claim until another claim has been resolved. Both the VA disability compensation program and SSDI have separate filing deadlines, and benefits are usually not paid retroactively past the date of the claim.

Veterans Benefits Law Group is here to help you navigate the system with the thoroughness and legal expertise that your service deserves. Our attorneys know how to present SSDI documents in a way that maximizes their impact on the VA, whether you are applying for benefits for the first time or appealing a previous denial. Contact us today to schedule a free consultation and let us help you get the benefits you deserve.