A post on this blog on August 7, 2014:
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.
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18 comments:
This is criminal
There are vastly different standards for VA disability and SSA disability. Just because someone is 100% P&T through the VA, doesn't mean they can't work. I know people personally who are 100% VA P&T and work full time without issues. Obviously that doesn't mean everyone can, but it also doesn't mean that 100% VA P&T means automatic approval by SSDI.
Is there much difference between the Social Security Disability standard and the VA's Individual Unemployability standard?
I've quite often had the feeling that the powers that be just don't think our American Veterans deserve both. Like they think it's a windfall for them or something.
A lot of these 100% veterans are working SGA. We have 3 in our office alone.
One of my first claims 30 years ago was a vet that had both legs blown off by a land mine. He was 100% disabled by VA. So far a while I thought that was the typical 100% disabled by VA vet. Until I talked to one working as an SR in our office. He had multiple issues that added up to more than 100% but was able to move and work like most people. He was limited as far as heavy lifting and other things that didn't affect his ability to work in an office. One of my most recent approvals was a 100% disabled vet who was a personal trainer and ran his own gym.
Exactly. Several of my coworkers are veterans with 100% permanent and total VA disability ratings, ranging from legal assistants to attorneys to ALJs.
Ok I think folks are misunderstanding. A schedular rating of 100% means that the various averaged ratings equal the 100% pay rate. For example, they get 10% for tinnitus, 10% for sleep apnea, 50% for PTSD, 50% for their back and 50% for their knees and 10% for left ankle, 10% for right ankle. And before someone asks- you can't just add up the numbers- the VA does a weighted average. So the VA pays them at the 100% rate. TDIU which is total disability, individual unemployability is NOT the same thing. That is where the ratings are not yet at 100% but the VA recognizes that the impairments make the vet unable to work and PAY them at the 100% rate. For example, a vet with 70% rating for PTSD and 30% for their back does not equal 100% under the VA's weighted average. But the VA decides based on the medical records that this veteran cannot maintain full time employment based on his condition. Then even though he isn't 100%, they decided he is unemployable and he is paid at the 100% rate. A 100% TDIU vet would not be working. A 100% schedular pay rate vet can work as much as they want to. This is why you may see a vet who says they are 100% but still working - they have a schedular 100% rating, NOT a TDIU 100% rating.
I have a good friend who works at a large VA office with over 300 people working there. Most of their employees are Vets with a 100% disability rating, but have no problem working full-time hours.
Having a 100% VA disability rating just means that they qualify for the maximum benefit (they receive 100% of the maximum amount). That's it. It does NOT mean that they are unable to work. They may or may not be able to work. But one does not necessarily mean the other.
Up until 2008, pretty much the only way to become an SSA ALJ was to be a disabled veteran with a 100% disability rating. This article conflates combat wounded soldiers with catastrophic injuries, with Guadalcanal vets who went on to practice law for 30 years before becoming judges.
4:20 here again. Yes, I understand that the standard is different for VA P&T based on the schedule. However, I still don't see a difference between the VA's TDIU standard for 100% VA disability and the SSA disability standard.
The VA basically just takes what the vet tells them as gospel. Sleep Apnea? 50% ED? 10% PTSD? Even though there are no documented symptoms over the last 30 years and you never left the states? 100%!
What is criminal, is making the 100% VA Disabled Vet who is getting thousands of dollars every month, deemed CRITICAL by SSA and put at the front of the line, while SSI aged claimants with no income, have to wait.
The standard is largely the same in that both are whether or not you can sustain FT employment. The difference lies in the standard of evidence required to prove it and where the burden of proof lies or changes.
I was classified as 100% P&T as soon as I retired at age 51 from the Service (I wasn't able to make 30 due to my impairments). I am rated at 100% with just my mental health impairment alone but the sum of all impairments equaled 400%.
I went through extreme stress trying to get approved for SSDI. Had to take SSA to Federal Court. The second ALJ in the remand had a ME who stated I met three Blue Book Conditions. Case approved after 3.5 years!
I agree, many veterans who are 100% are able to work but there are many others who aren't. Especially, if your rated at 100% for one medical condition.
There needs to be a better way to evaluate veterans.
Still missing the point. Most of them are working SGA, so it’s a no go for SSA.
I love that people that never served a day in their lives get bent out of shape because disabled Vets get benefits. Proud disabled vet here, and we see it all the time and we are not surprised, not even a little bit.
I agree with the commenter who distinguished b/t 100% disabled and Individual Unemployability. Per the VA:
VA Individual Unemployability if you can’t work
If you can’t work because of a disability related to your service in the military (a service-connected disability), you may qualify for what’s called “Individual Unemployability.” This means you may be able to get disability compensation or benefits at the same level as a Veteran who has a 100% disability rating.
https://www.va.gov/disability/eligibility/special-claims/unemployability/
Who’s bent out of shape about veterans getting benefits. If you served and became disabled then you deserve to be compensated to the fullest.
It’s just that SSA disability and VA disability are not the same.
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