November 21, 2018

CHANGES IN SOCIAL SECURITY FOR DISABLED VETERANS

Veteran’s Administration (VA)  lets you receive VA disability compensation and Social Security disability insurance at the same time. But the law has changed in how veterans will qualify.

In 2009, Congress passed the BRAVE Act which provides that any veteran with a VA total (100%) disability award, automatically meets the medical requirements for Social Security disability.

Unfortunately for veterans, there has been a change in the law. For disability claims filed after March 27, 2017, the Social Security Administration will not automatically find you disabled based on a VA total disability award. Social Security now provides that decisions by the Department of Veterans Affairs, because they are based on rules different than those used by the Social Security Administration, are not binding on the Administration.

Your VA records, including medical reports, are still important to prove that you are totally disabled to meet social security requirements. But in general, they will carry no more weight than non-VA medical records.

HOW THE CHANGES WORK

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