Social Security provides expedited processing of disability benefit applications for wounded warriors and veterans with a VA compensation rating of 100 percent Permanent & Total disability. The process is used for service members who became disabled while on active military service on or after October 1, 2001.
While both Social Security and the VA pay disability benefits to individuals who qualify, each uses different criteria for awarding benefits. This means that although you have a VA compensation rating of 100 percent P&T, you will still need to meet the disability standard set forth in the Social Security Act in order to be eligible to collect benefits. Benefits are paid to people suffering from serious medical conditions which prevent substantial work and are expected to last at least one year or to result in death.
Even if your health has improved since your injury, you may still be eligible to collect benefits. You may apply any time while in military status or after discharge whether you are still hospitalized, in a rehabilitation program, or undergoing outpatient treatment in a military or civilian facility. The length of time needed to receive a decision on your claim varies based on several factors, including the nature of the disability, the length of time it takes for Social Security to access your medical records, and whether it is necessary to order a medical examination to support a claim.
In order to receive expedited processing, you must first apply for Social Security benefits. You can apply in person at your local Social Security office, or by calling 800-772-1213. You must indicate that your VA rating is 100 percent P&T, and provide the VA notification letter that verifies this rating. Social Security will then accelerate your claim through the application process or appeals level, if applicable. Any compensation you receive from the VA will not affect your Social Security benefits.
Visit the social security website to learn more about the claims process for individuals with 100 percent Permanent & Total disability VA compensation ratings.
George Sink, P.A. Injury Lawyers is proud to help our nation’s veterans obtain the benefits they deserve. If you have questions about Social Security Disability or Veterans Disability, please schedule a free consultation with a South Carolina attorney at our firm. We would be happy to help!
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