Most veterans will find themselves dealing with the Social Security Administration (SSA) at some point so that they can collect Social Security disability benefits and veteran’s disability benefits at the same time. However, many veterans don’t realize how different the two systems can be and it can become quite confusing
How Social Security Works
After applying for social security benefits, it takes about three to four months to receive an initial decision. The file then goes to a physician and/or a psychologist that must approve or deny the decision. If the claim is approved, the claimant will be paid either SSDI benefits based on their prior wages or SSI benefits based on the amount of income they have. However, in many cases the claim is denied. For more information on the difference between SSDI and SSI, visit our FAQ here.
If your claim is denied, you may file for a reconsideration review. This can be a very long and extensive wait to get a hearing with an administrative law judge. Sometimes, it takes up to a year for a hearing date to be set.
How the Social Security Disability System and the VA system differ
The primary difference in the SSA and the VA systems is that there are no percentages of disability. The VA system allows veteran’s to be 10% or 40% or 100% disabled and then receive benefits based on that amount. In the SSA system, you must be 100% disabled. Not only must you be 100% disabled, your condition must last or be expected to last for at least one year or to result in death.
Medical Records and Social Security
The Social Security disability examiner who is handling your case may not be successful in acquiring your VA medical records. This isn’t necessarily their fault; the VA is infamous for not supplying needed medical records to the SSA. To be sure that the SSA has all your medical records, it is wise to obtain your own medical records to supply to the SSA when first filing the claim.
Why might I need an attorney?
Just like a car wreck that the insurance is denying the claim, an attorney can help disabled veterans if their claim has been denied by the SSA. Hiring an attorney after your claim has been denied will help during your appeal for a hearing in front of a judge. Not only do they have the experience in the Courtroom, but they can also help speed up the process during your appeal.
If you have had a Kansas Social Security disability case, you need an experienced professional who can help you get back on the road to recovery. Call us today at 316-269-1414 or visit our contact page here. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.
If you have questions on what you should be looking for when you are making a decision to hire a Kansas personal injury lawyer, read our article located here.
Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.