Aug 7, 2014

Social Security Turns Down Lots Of 100% Disabled Vets

     Below is a chart labeled "Allowance rates for first DI applications filed by veterans after receiving VA disability ratings of 100% or IU during fiscal years 2000–2006, by VA rating and SSA primary diagnosis body system and selected diagnostic categories." This appears in Veterans Who Apply for Social Security Disabled-Worker Benefits After Receiving a Department of Veterans Affairs Rating of “Total Disability” for Service-Connected Impairments: Characteristics and Outcomes by L. Scott Muller, Nancy Early, and Justin Ronca published in the Social Security Bulletin, the agency's research journal. DI refers to Social Security Disability Insurance Benefits. IU refers to Individual Unemployability. Veterans may be approved for 100% VA disability benefits either with or without consideration of IU.
     Overall, Social Security is denying about 31% of disability claims filed by veterans with a 100% VA rating. Social Security approves only 43.5% of these 100% disabled veterans claims at the initial level and 13.8% at reconsideration but 70.8% at the Administrative Law Judge level. Social Security is turning down 25.3% of the claims filed by veterans determined 100% disabled by VA due to traumatic brain injury and 34.8% of those found 100% disabled by VA due to dementia associated with brain trauma.




25 comments:

Anonymous said...

the VA definition of "disabled" is laughable. Almost every vet that i've seen with a 100% disability rating has erectile dysfunction listed as on the the "disabilities".

I don't know the nuances of the VA rating system, but it appears unrelated to the SSA system, which attempts to determine functional ability. Clearly, a system that includes ED as a disabling impairment has other goals.

Anonymous said...

the va has started using disability as a way to induce retirement. I've had multiple claimant testify that they werent really 100% disabled, it was really only a portion but VA tacked on the rest of the 100% to induce retirement.

Anonymous said...

the VA's definition of disability is even more laughable than SSAs. both agencies need to be massively overhauled

Anonymous said...

Charles, you do realize that in the VA system each impairment is given a percentage rating and then those percentages are added using a specific formula. If I recall correctly, all it takes is 70% service-connected disability to get a 100% unemployability rating.

It would not be unusual for people on VA DIB to be denied SSA DIB, especially as the VA DIB recipients are likely to be younger and therefore not benefiting from the age preferences used by SSA.

Anonymous said...

Exactly right. In my field office we have a CR earring $60,000 per year and getting about $1,100 a month from the VA for disability. The definitions cannot be similar.

Anonymous said...

Oops, "earning"

Anonymous said...

all you need to know about how easy it can be to game the VA disability system is that a diagnosis of obstructive sleep apnea with use of a CPAP machine is scheduled as a 50% disability even though it results in virtually no functional limitations

http://www.usatoday.com/story/news/nation/2014/05/21/veterans-administration-sleep-apnea/9291425/

Anonymous said...

Ditto to all of the above. But keep in mind that largely uninformed - and often uneducated - public only reads (out of all of this) "Social Security Turns Down Lots Of 100% Disabled Vets"... Chucky knew what headline to put to get a poublic outrage. Shameful.

Anonymous said...

I rep about 20 SS cases a month, but I also do about 5 vets per month. I'm accredited by the VA and hopefully should therefore know a little bit about both systems.

A 100% VA Rating can sometimes be very probative evidence. However, it depends upon what comprises it. Sometimes a vet may have a 450% rating due to debilitating impairments but is only paid at the max of 100%.

Other times you may have a 50% rating for sleep apnea + a 30% rating for folliculitis barbae (shaving bumps) = 70% overall rating (this is because 2+2=3 in VA math - ha ha).

In any event, look to the "Diagnostic Codes" to see how an impairment is rated. If you understand workers comp law you will get this easily.

As with most things in life, take it on a case by case basis.

Casey Jones said...

Wow, I didn't realize so many vets were turned down from social security disability insurance. That is really too bad. My uncle is in a situation like this right now. We are looking for a good attorney for him to get him the benefits he deserves.
http://www.attorneyelkhartin.com/social-security-disability.html

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Anonymous said...

After reading some of the posts, I realize some of the people posting don't know what they are talking about. People should only post facts not BS.

Anonymous said...

Its a shame because the system is broken and so many people think Vets are trying to milk it. I would say if you never wore the uniform and actually fought in a war then you need to shut the hell up. Many vets get various debilitating conditions from their service because combat operations and multiple vaccines take a toll on our bodies. Example; a fellow US Army scout in my squadron had a stroke from the anthrax vaccine, another developed a sleeping disorders from multiple combat tours. hell, I was denied social security this year and I was deployed nine times and blown up twice resulting in multiple injuries.I received a 100% disibility rating for my injuries but social security denied me. Social security didnt take the TBI, nerve damage, back injuries and the 8mm hole in my left hip into account. they said I should still be able to gain employment. What a joke, but of course i appealed so now I'm awaiting the results of the appeal.

Anonymous said...

If you have served and you can get 100% then go for it. At the end of the day any civilian on here stating that this is crap needs to shut it and man up and do your time. Id rather my hard earned tax dollars going to vets then some crap ignorant trash bag getting free money and did nothing for it but just be ghetto and popping out babies.

Anonymous said...

I just filed for SSDI appeal today. Been on it and 100% w unemployability from VA since 09. Was active duty 04-07 then a civilian army recruiter 07-08 until I missed work due to too many sick days and missed work from doc appointments. Been working since I was 12 in 95' (so I'm not trying to sham) appealed today anyway and was told reason was SS didn't have me flagged as 100% during initial review. Most likely will get approved according to SS worker but we'll see. Helluva Xmas gift. Like I didn't have enough trouble sleeping thanks government.

Unknown said...

Sorry to hear that ppl dnt know what we go through but always quick to run there mouths

Anonymous said...

I agree, unknown and I bet you not a single one of them have had the courage to leave mom's basement but they'll holler for us to lose our benefits. Im still on appeal, have 100% tdiu rating from VA, both my doctors say im too messed up to work, i have to deal with people saying I should have dodged bullets better and these clowns here are laughing it up that we get our benefits cut. SHAMEFUL!!!

y8 Kennedy said...

Social Security suspended my benefits and I am considering filing for Veterans Pension and VA and SSA Disability.

Anonymous said...

I would bet most of you clowns on here knocking the VA disability rating system never served your country.

Anonymous said...

A Joke? Like all us Vets are getting over? After serving my Country for 12 years and earning virtually no income to speak of and watching everyone I knew not in the Service making the big bucks, I came out of the Service honorable discharge with a personality disorder E-7 stellar record. In a deep depression I was discharged, not told anything at all where to find help. So I lived from homeless situation to homeless situation for my entire life. Now at nearly 58 years old I was given 100% TDIU, and am trying to get SSDI. My life is practically over man. SO FUCK ALL OF YOU who want to cry that VETS have it easy. While my youth was spent in highly stressful situations around the globe, watching my family deteriorate, you guys were not giving shit to this Country, now you want to cry if a vet gets what basically is like a retirement for being a mental mess? I feel contempt that I even have to beg for SSDI. I have no friends, no family, no life, I have a hard time functioning, and that is just the way it is man. If you want me homeless on the street, fine, that is where I will be because I can't hold a job longer then 6 months.

Abdiel Fuentes said...

Praying for you brother. Retired Chaplain.

Abdiel Fuentes said...

Praying for you brother. Retired Chaplain.

Unknown said...

Agree, especially when I see the civilian sector dead beats milking the federal government.

jason maple said...

Agree, especially when I see the civilian sector dead beats milking the federal government.

Anonymous said...

Exactly I'm another one suffered a severe TBi was in a month long coma then went back to Afghanistan 3 years later but had to have a supervisor to watch me work on aircraft I left things on aircraft and became a safety risk but i was able to stand and walk so they weren't able to medically discharge me. I got out and tried working for 6 years and went through 9 jobs not being able to keep my job losing them all because
My TBI residuals were still a plague me. I was just made 100% IU which I was when I initially applied for SSDI in November my employer wrote I was no longer allowed to work and put on medical hold because of my TBI residuals. The Va looked and saw my TBI was 12 years old and then finally made me 100% Permanent and total just two weeks ago when I handed the Va rating to SSA she looked at it and said this might help. I'm in my 30s and was told I have enough credits for SSDI. My state has a reconsideration appeal first I know the approval rates low but i am concerned for my families future if they keep dragging this out it's been two months into this phase, without the IU I'm 90 or 180 % if you add up everything can anyone give me some advice of what to do if and when they give me the denial again of spreading the wait for the ALJ!? I'm a wounded warrior member with 100% PT