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Receiving Both SSDI and VA Disability

By Jessica M. Friedman of Friedman Law Firm, P.C.

Thursday, August 4, 2022

In representing veterans as well as those seeking Social Security disability, we receive a lot of questions such as:

  • Can you get SSDI and VA disability?

  • Does SSDI help with VA claims?

  • Does my VA decision help with SSDI?

Yes, you may receive SSDI and VA benefits simultaneously. Yes, we have seen cases awarded by the VA that were influenced by a Social Security decision, and we have seen the reverse where the Social Security decision is affected favorably by the VA decision. At the same time, an award from one agency by no means guarantees an award by the other.

You don’t have to have a 100% VA disability rating in order to have the VA decision affect your Social Security decision. For example, the highest VA disability rating you can get for fibromyalgia is 40%. The highest VA disability rating you can receive for migraines is 50%, even though your migraines may be frequent and debilitating. Social Security may determine that a claimant's fibromyalgia and/or migraines are sufficiently debilitating to prevent substantial gainful employment and thus grant disability benefits. There is an increasing interest in Social Security Disability for veterans with PTSD, the VA ratings of which can vary greatly. Whether it’s 10% or 100%, that rating may influence Social Security's decision on a claim.

We prefer to apply for both VA and Social Security benefits simultaneously. This allows us to use the same evidence for both claims and avoids unnecessarily delaying application for either.

Call us at (205) 879-3033 or send us an email for questions about your SSI, SSDI, and VA benefits.

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