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.
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.
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".
ReplyDeleteI 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.
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.
ReplyDeletethe VA's definition of disability is even more laughable than SSAs. both agencies need to be massively overhauled
ReplyDeleteCharles, 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.
ReplyDeleteIt 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.
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.
DeleteOops, "earning"
Deleteall 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
ReplyDeletehttp://www.usatoday.com/story/news/nation/2014/05/21/veterans-administration-sleep-apnea/9291425/
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.
ReplyDeleteI 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.
ReplyDeleteA 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.
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.
ReplyDeletehttp://www.attorneyelkhartin.com/social-security-disability.html
Very nice and interesting blog, thanks for this post..it's been great reading this.
ReplyDeleteAfter 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.
ReplyDeleteIts 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.
ReplyDeleteSorry to hear that ppl dnt know what we go through but always quick to run there mouths
DeleteAgree, especially when I see the civilian sector dead beats milking the federal government.
DeleteAgree, especially when I see the civilian sector dead beats milking the federal government.
DeleteExactly 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
DeleteMy 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
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.
ReplyDeleteI 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.
ReplyDeleteI 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!!!
ReplyDeleteSocial Security suspended my benefits and I am considering filing for Veterans Pension and VA and SSA Disability.
ReplyDeleteI would bet most of you clowns on here knocking the VA disability rating system never served your country.
ReplyDeleteA 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.
ReplyDeletePraying for you brother. Retired Chaplain.
ReplyDeletePraying for you brother. Retired Chaplain.
ReplyDeleteGod only knows what we vets go through, and for the comments, even some from ssa workers, to sit back and pass judgement on the very people that sacraficed their lives so that you could be safe, it’s shameful. It’s a fight daily. My husband left me and my children because he didn’t understand my illness and injuries. My son has nephrotic syndrome and was trying to get on the transplant list. His doctors were looking at my mental condition and determine it was not recommended that he be put on the list until I got the help I needed. It’s hard. 100% disabled. How dare some people.
ReplyDeleteIf you think it is easy to game the VA system you have your head up your ass. Doctors are not dumb, and the VA does not give out 100% P&T ratings because it is Tuesday. They make it very difficult to get there with the formula...you need to be rated ~230% to come close and getting shot may only give you 30%. Take 7 bullets and then tell me....wait no take a single bullet and tell me how easy we have it snowflake.
ReplyDeleteWith the new expedited service for 100% service connected veterans, does anyone know about how long it takes for them to give a decision? I'm just curious. I applied about a month ago and was wondering if anyone here has been through the same thing and could tell me their experience and at least have a guess of how long I'll be waiting. Thanks.
ReplyDeleteI'm 100% PTSD and SSI denied me 3times. Intital stage, reconsideration and alj hearing. 15months processing time. My judge approval rate was only 9%. A complete Dick. I'm under 40yrs old. I just filed appeal with Council. I'm prepared for the long wait. I will not stop fighting. Hang in there.
DeleteUpdate to my Sep 16 2016 Post. A couple of months after my post I was turned down, for SSDI and moved to Thailand. Contrary to what anyone may think I live a quiet life over here, aforded to be better as the cost of living is lower. I requested a SSD hearing, when it came through they assigned me Hawaii, about 6000 miles away. With plenty of time in advance I requested a telephone hearing and the judge turned me down. The instruction on such matters is actually written to prevent the courts from forcing claiments into telephone hearings against their will, however it is used to deny the most obvious reasons. so I was denied a phone hearing despite being in Thailand, without funds to return to Hawaii fo a hearing. Therefore my hearing was held without me. Further although I requested to see what evidence was in my case, long in advance, none was ever sent until two days before the hearing. In a format I could not manage to get open for two days. I was advised they would accept additional evidence from me which I attempted to send. Government documents such as pertinant medical info was not in my medical records. Therefore the requirement that the two Gov agencies share my records was not fulfilled. Again, the very idea that I am 100% permanent and total and 6 months from 60 begging for SSD is repulsive to me. Included in my files from the SSD examiner were outright lies and obvious omissions. It's all a sham. Those of you who said you are praying, your prayers are felt and needed. Peace to you all who understand. Currently waiting a decision of first hearing.
ReplyDeleteI'm a 100% permanent and total disabled vet. Both my knees are messed up, my lower back, I have a hearing loss and Tinnitus, and I suffer from Acute Bipolar Depression, Anxiety, and PTSD. I just got denied on my SSDI application. The SSA is telling me to find a job, but if I were to work at all, I would lose my V.A. disability. I would therefore lose my health care, most of my prescription coverage, and other things. They told me I could hold significant work when sitting OR standing causes me pain, and my depression, anxiety, and PTSD made my work performance sporadic at best, unable to do any labor, and some days unable to show up at all. Tell me again how I don't deserve my ssdi.
ReplyDeleteFalse you will not lose your VA disability if you work . You have to prove it doesnt affect your disability . I was told in order to get SSD you couldnt of worked for the past year. People who get denied have recently worked as well.
ReplyDelete