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Veterans whose significant injuries affect their ability to work may be entitled to Social Security Disability Insurance (SSDI) benefits as well as benefits through the U.S. Department of Veterans Affairs (VA). For help determining what benefits you could qualify for and how any other benefits you’re receiving impact your eligibility for SSDI, turn to Team Law’s trusted New Jersey Veteran Social Security and disability lawyers.
Our team assists disabled Veterans with their claims for benefits at no upfront cost. To get started with a free consultation, contact us today.
When serving your country leaves you so severely injured that it affects your ability to work on a long-term basis, you deserve financial compensation for your loss of income. Social Security Disability Insurance benefits may be one form of compensation available to you.
Successfully securing SSDI benefits is a difficult matter. Approximately two-thirds of initial claims for Social Security Disability Insurance benefits are denied, which means the odds are against you.
However, having dedicated New Jersey Veteran Social Security and disability lawyers on your side can help you build a strong case that avoids the common mistakes that lead to claim denials. In the event that your claim has already been denied, our experienced Veteran Social Security and disability attorneys in Clark, NJ, are ready to put in the work to correct and complete your application and resubmit it.
Team Law considers it a privilege to guide you through the claims process and ensure you receive the full benefits you’re entitled to at no upfront cost.
Although both the VA and Social Security cover disabilities, there are important differences between these benefits and the agencies that administer them.
VA benefits are provided under the U.S. Department of Veterans Affairs and are specific to disabled Veterans. SSDI benefits are provided under the Social Security Administration (SSA). The SSA provides a variety of types of Social Security benefits, including retirement income and survivor benefits as well as disability. Benefits through the SSA aren’t exclusive to Veterans. Instead, they cover virtually every American worker.
The criteria under which a disabled Veteran qualifies for benefits, and even what it means to be eligible for benefits, differs between the VA and the SSA.
The VA awards partial disability payments, while the SSA awards only total disability payments. This distinction generally makes SSDI benefits more difficult to qualify for, with the exception that the VA requires the injury claimed to be related to your military service.
To qualify for SSDI benefits, you must have a disabling condition that is expected to either last for at least one year or to lead to your death. That condition must impair your ability to work at the level of substantial gainful activity, a criterion that essentially means that you must be sufficiently impaired by your injury that you are not capable of performing most kinds of work. You must also meet work history requirements. Other factors, like your age and education, may affect your eligibility for benefits.
If you can establish that your injury, illness, or aggravation of a past medical condition is connected to your military service, attaining VA disability benefits is easier than getting approved for SSDI. However, because the VA provides payments for partial disability based on a scale of severity, it’s important to document the full extent of your disability. Otherwise, the VA could end up assigning you a lower disability rating than is warranted, and you will receive less compensation than you should be entitled to.
Another important distinction between disability benefits awarded by the VA and the SSA is how each entity calculates these benefits.
SSDI benefits are not based on the extent of your disability, because the SSA only awards these benefits when the disability is deemed to impair your ability to be gainfully employed. Instead, the amount of benefits you’re entitled to is based on the amount of money you have paid into Social Security through payroll taxes on your wages. The SSA uses specific and somewhat complicated formulas to determine how much to award in benefits, but a simplified explanation is that a progressive formula is used to calculate your benefits based on how much you have paid into the program and the age at which you became disabled.
Calculation of VA benefit amounts revolves largely around disability ratings. The VA begins to pay injured Veterans disability payments at a rating of 10%, which, effective December 2023, allows for monthly benefits of $171.23. For Veterans determined to have a 10% to 20% disability rating, the monthly payment is a flat rate regardless of dependants.
For more severely disabled Veterans, having dependent children, spouses, and parents can increase benefits. The highest benefit amount currently awarded is $4,433.39 for a Veteran who has a disability rating of 100% and a spouse, one child, and two parents to support, plus an additional $103.55 per month per additional child under age 18 or $334.49 per dependent child over age 18 in a qualifying school program.
Determining the amount of benefits you’re entitled to under either or both disability programs is a complex matter. Through thorough documentation of your disability, our Veteran Social Security and disability attorneys in Clark, NJ, can help you make a strong case to receive the maximum benefits available to you.
Under certain circumstances, a disabled Veteran may qualify for disability payments through both the VA and the SSA. For service-related disabilities, neither VA disability payments nor SSDI benefits reduce the other, so claiming benefits through both programs, if eligible, allows you to secure maximum compensation.
The Social Security Administration offers expedited claims processing for Veterans through its 100% Permanent and Total Veterans Initiative and its Wounded Warriors initiative. If you qualify for either program, it may be possible to get your case resolved sooner and begin getting the benefits you’re entitled to earlier.
VA disability benefits and SSDI are awarded through separate programs and use distinct criteria. As a result, you must undertake two different claims processes with different procedures and requirements.
This obligation can amount to considerable work and a great deal of stress. If either claim is denied, addressing any problems and re-submitting paperwork can take even more time.
It’s often in a disabled Veteran’s best interests to seek help from experienced New Jersey Veteran Social Security and disability lawyers like Team Law. We will prepare and file these claims for you, handling all of the obligations on your behalf. Our assistance with your claim involves the following:
With Team Law on your side, you’ll never feel alone navigating the claims process. We’re here to assist you with every aspect of your claim for benefits and secure the full compensation you’re entitled to.
Disabled Veterans throughout NJ turn to Team Law for assistance with their benefit claims because we offer:
Why spend any more time trying to make sense of the claims process or notices of claim denials when experienced lawyers are prepared to take up your cause for you and pursue maximum benefits at no upfront cost?
For help from Veteran Social Security and disability attorneys in Clark, NJ, contact Team Law online or call us today.
Social Security Disability Insurance, or SSDI, benefits are awarded to American workers whose disability is so extensive that it generally keeps them from engaging in gainful employment. These benefits are paid out based on factors like how much the worker has paid into the Social Security system and the age at which they became disabled.
Disability benefits awarded through the VA are based on the extent of your disability and your dependents. SSDI benefits, on the other hand, are based on how much you have paid into the system in Social Security payroll taxes. Factors like your age and work history also affect your eligibility for benefits and the potential value of any benefits you receive.
The majority of initial claims for SSDI benefits are denied, often due to inadequate documentation. For a successful claim, your New Jersey Veteran Social Security and disability lawyers must provide evidence that fully establishes the following:
-An injury that will either last for a minimum of one year or will end in your death
-Your inability to return to your previous job because of the injury
-The reality that this injury makes you unable to engage in gainful employment
Without this documentation, your claim is unlikely to secure you benefits. At Team Law, our Veteran Social Security and disability attorneys in Clark, NJ, take proactive steps to meticulously document your injuries and strengthen your claim.
You aren’t legally required to have an attorney represent you in a claim for SSDI benefits or the formal court hearings, council hearings, and appeals that the claims process might encompass. However, due to the complexity of disability claims under both the SSA and the VA and the intense demands of providing sufficient documentation to avoid a claim denial, having experienced New Jersey Veteran Social Security and disability lawyers on your side is often advantageous. We can determine the full benefits you’re entitled to and fight for them, all at no upfront cost to you.
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