Currentyly receiving VA benefits, 100% disabled. If I apply for SSDI as well, I want to make sure the VA benefits will not be offset if approved for SSDI.
Social Security Lawyers
If you are getting VA service connected compensation (NOT a non-service connected pension), there is not offset for SSDI - you can get both. You can NOT get SSI, though, so I assume that you were accurate when you mentioned SSDI.
You will find, unfortunately, that SSA moves slightly faster than the VA, but does not really care what the VA says about you being disabled. So, if you apply and are denied by SSA, you may want to talk to an attorney in your area so you can review the specific facts with counsel. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.
The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.
Their link is: http://www.nblsc.us/
You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131
I hope this information helps. Good luck to you!
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Social Security Lawyers
As my esteemed colleague indicated, if you are receiving service connected disability compensation program / service connected disability benefits then receipt of SSDI will have no impact on the VA benefits.
Best of luck to you.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
I agree with my colleagues regarding the service connected VA benefits and SSDI benefits. As pointed out as well, Supplemental Security Income (SSI) benefits would be impacted by VA benefits or SSDI benefits, for instance.