Victory Disability is a law firm that primarily assists veterans with both Social Security Disability and VA Disability claims.
What We Do
To be considered disabled in accordance with the guidelines set forth by the Social Security Administration (SSA), one must meet the following criteria:
- Cannot perform previous work (return to past occupation)
- Cannot adjust to other work because of medical condition(s)
- Medical condition(s) must last, or be expected to last, for at least one year and/or result in death
Many veterans applying for Social Security Disability already have a disability rating from the Department of Veterans Affairs (VA). The SSA does not determine disability according to the VA standard. As a result, those with a 100% VA rating are not guaranteed approval for SSDI or SSI.
What is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance (SSDI) is a Social Security program that benefits individuals who become disabled before reaching retirement age. This specific program is based upon an individual’s capacity for gainful employment.
Qualifications For SSDI
To qualify for the SSDI program, an individual must have worked 5 of the past 10 years at a job in which Social Security taxes (FICA) were paid. Specifically, he/she must have earned a minimum of 20 work credits. You can earn up to four work credits per year. More information on Social Security work credits can be found here.
Here is What Veterans Can Qualify For With SSDI:
1. Up to $2,700/month in benefits.
2. Additional monthly benefits for any children under 18 years of age.
3. The option to utilize Medicare.
4. Cost of Living Increases.
5. Retroactive benefits (average of $26,000 for our clients).
What is Supplemental Security Income (SSI)?
Supplemental Security Income (SSI) is a Social Security program that is strictly need-based. This program is not related to work history, rather, takes into consideration an individual’s income and assets.
Qualifications For SSI
An individual must meet two conditions in order to qualify for SSI. First, the claimant must be considered disabled according to SSA guidelines. Second, the claimant must have insufficient or no income and less than $2,000 in assets.
Qualifying for Both SSDI and SSI
It is possible to receive both types of benefits at once. An applicant must have low enough income and assets to qualify for SSI while also having worked long enough at a job that paid into Social Security to qualify for SSDI.
How long does the process take?
Military service members can receive expedited processing of Social Security Disability claims through the Wounded Warrior Program. Additionally, veterans with a VA rating of over 50%, and those who served after 2001 have a high likelihood of this occurring. Keep in mind, the Social Security Administration does not make disability determinations according to your VA disability rating. Instead, it is used to qualify you for expedited processing. Without this consideration, the average length of processing a claim is as follows:
The Process
Initial
The Initial application stage involves applying for SSI and/or SSDI benefits. You are free to do this on your own, however, we can help you complete the application and accompanying forms. After applying, it may take the Social Security Administration 3 to 6 months to process your application.
Reconsideration
If your initial application is denied, your case may be appealed and move into Reconsideration. The Reconsideration stage involves the SSA collecting more records (if you alert them to the existence of the new records) and reviewing your case. This review will generally take 1 to 5 months.
Hearing
If the Reconsideration is denied, applicants move to the hearing stage. Claimants generally wait an average of 18-24 months for a hearing, after requesting one. The SSA will alert you of the time and place of your hearing about six weeks to a month before the hearing. During this time we will gather evidence and prepare for your hearing.
Decision
Some judges will make a decision at the hearing. Other judges will take 6 – 8 weeks to decide. Regardless, a written decision is sent to you which explains the reason supporting the decision. If you win, you will begin the process of being “placed in pay.” It often takes 6 to 12 weeks to get monthly benefits started, and a few months longer to get your backpay.