I get asked this question by my clients who are veterans who have served our country honorably. Unfortunately, you are found to be 100% disabled by the VA or you are found to be unemployable, this does not mean that you will automatically receive Social Security disability benefits. The VA system calculates disability based on a ratings system with different percentages assigned to each medical condition that is found to be connected to your service. The Social Security Administration does not use percentages or ratings. SSA also does not offer partial disability, it is essentially all or nothing. You must show that you are disabled and unable to perform any work in the national economy based on your functional limitations due to your medical problems. Over the years, I have found that SSA judges frequently bring up the fact that SSA determination of disability is separate from VA disability. However, VA ratings can be helpful in your disability case. For example, the C&P (Compensation and Pension) examinations performed to determine the disability can help the SSA better understand how your medical problems would affect your ability to work: Link to VA C&P exam.
The importance of the VA rating has also been discussed in a 4th Circuit Court of Appeals case, Bird vs. Commissioner of SSA which covers several states including North Carolina and South Carolina: Link to Bird VA 4th Circuit Case.The judges in this case held that VA ratings are entitled to substantial weight in a disability claim but also that the hearing judge can give a VA rating less weight when “the record before the ALJ clearly demonstrates that such a deviation is appropriate.” While a VA rating of 100% will help your disability case, you will probably need additional evidence aside from your VA rating to increase your odds that a judge will find you to be disabled. This may include strong opinions from your treating doctors and objective testing that supports disability. Please feel free to reach out to our office at 843-790-7550 if you have any further questions about how your VA rating may affect your disability case.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Pati Law Firm, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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