Monday, March 6, 2017

VA DISABILITY RATINGS ARE NOT BINDING ON SOCIAL SECURITY

During the last decade, I have had the privilege of helping dozens of disabled veterans in getting their Social Security disability benefits.  My success rate has been higher with veterans than with any other category of claims. 

However, VA disability ratings are not binding on the Social Security Administration.  The VA may issue a 90 or 100 percent disability rating and Social Security can still deny benefits.

The regulations governing VA benefits are different from those controlling Social Security. The evidence required by Social Security is also different, as are the procedures.  The key to winning Social Security disability is to prove the case according to their rules.

There certainly may be advocates who understand both VA and Social Security rules.  But I tend to think that they are very different "animals" and an expert in VA rules might not necessarily fare so well with Social Security and vice versa.

Finally, I notice that Social Security initially denies most claims--even those filed by disabled veterans. On appeal, most veterans can be approved.  So, the lesson is:  always appeal a denied claim within the 60 day deadline. This is true with veterans, just like it is with everyone else.

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or (256) 431-1599.

www.ForsytheFirm.com
 

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