April 24, 2019

Good News for Veterans Who are Applying for Social Security Disability

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In March, 2014, the Social Security Administration announced that it would expedite the processing for Social Security disability claims for veterans who were previously deemed 100% permanent and totally disabled by the VA.

Carolyn W. Colvin, Acting Commissioner of Social Security, announced the launch of a new disability process to expedite disability claims filed by veterans with a Department of Veterans Affairs (VA) disability compensation rating of 100% Permanent & Total (P&T).  Under the new process, Social Security will treat these veterans’ applications as high priority and issue expedited decisions, similar to the way the agency currently handles disability claims from Wounded Warriors.

As a practical matter, this means that veterans with a 100% P&T rating will see their hearing requests pushed to the front of the line.

As I discuss in this video, the expedited processing does not mean automatic approval but my experience has been that Social Security judges often look favorably on claims filed by veterans.  This includes not only physical injuries but PTSD and other mental health conditions.

Eligible veterans or their attorneys must notify the VA of the 100% P&T rating and provide documentation to Social Security.

About

Jonathan Ginsberg represents clients in disability claims filed with the Social Security Administration.

Would you like your Social Security disability question answered on Jonathan's podcast?  Record your question for Jonathan directly from your computer.

Jonathan Ginsberg

Jonathan Ginsberg represents clients in disability claims filed with the Social Security Administration.


Would you like your Social Security disability question answered on Jonathan's podcast?  Record your question for Jonathan directly from your computer.



About Jonathan Ginsberg

Jonathan Ginsberg represents clients in disability claims filed with the Social Security Administration.

Would you like your Social Security disability question answered on Jonathan's podcast?  Record your question for Jonathan directly from your computer.

Comments

  1. Bovier Burks says

    I’m a vet and I receive treatment from VA for multiple things, such as difficulty swallowing and I’ve had surgery, but problem still exists, I have lower back pain, both hips hurt continuously, shoulder pain and limited mobility, severe migrain head ache and they give me hydrocodone for my pain. but they can not put a title or diagnosis of my problem and they will not fill out a funtional report for me. I’m awaiting a hearing. What else should I be doing. Heared and Smith represents me. I just feel I need something more to help prove my case.

  2. Andrew Fornal says

    Mr Ginsberg – I just wanted to say I am a Disabled Veteran of the US ARMY – I am currently rated at 30% thru the VA After Operation Desert Storm in 1992. My Condition continues to deteriorate over the years. Having had Surgery on my Back C7 AND C7 And now they have advised me of c5 deterioration. I have been denied once by the initial claim, and then again by ALJ – Currently I have filed an Appeals to the appeals court in Dec 2014. i AM IN DISAGREEMENT THAT The Veterans Preference should NOT Be based on 100% Disabled veteran but as a Veteran Period. I have Fought for this country with honor and pride. I have approx 8 yrs in service. I hope to see changes in this NEW Policy in the coming years. Thank you.

    Sincerely
    Andrew J Fornal
    US ARMY / SGT / DAV
    Operation Desert Storm

    • Jonathan Ginsberg says

      Andrew, I agree with you. My experience has been that the VA often under-rates disabled vets and it may take years to get the rating to where it should be. Social Security certainly knows this so why they insist on a 100% rating puzzles me as well. Thanks for your service and best of luck to you. JCG

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