Important points about veterans and Social Security disability

Residents of Tennessee who are in the military or were in the military and suffered war-related injuries, or any other issue while serving, might have the right to seek Social Security Disability (SSD) benefits based on those injuries. There are certain factors that must be taken into account with veterans and Social Security Disability. One issue that has to be considered is whether military pay will have an influence on eligibility. Another is whether the benefits can be provided for a claimant who remains on active duty.

Remaining on active duty and getting military pay will not automatically stop a person from receiving Social Security Disability benefits. As such, those who are still on active duty and believe they are sufficiently disabled to receive benefits should apply.

A person who receives treatment at a military medical facility and is on limited duty or works in a designated therapy program can qualify. They can have the Social Security Administration (SSA) conduct an evaluation of the activity that is being performed to decide whether they are eligible for benefits.

A person who does substantial work and receives pay or profit will likely not be able to get disability. But, the key is the work activity, and there is no connection to the pay or duty status when receiving disability.

A person who stays on active duty should inform the SSA if there is a change to the following: Military Occupational Safety Code (MOS), Air Force Specialty Codes (AFSC) or Navy Enlisted Classification (NEC). If there is a permanent change of station (PCS), and the person moves from one duty station to another, this will indicate that the claimant is going to start working again.

The SSA must be informed of this because a change in work status might influence whether the benefits will be affected. The claimant can request a Benefits Planning Query from the SSA. This has information on all the issues that are important in a disability case.

People who are receiving benefits due to veterans’ injuries, war-related injuries or another factor that they incurred while in the service need to understand basic facts that accompany disability benefits for Wounded Warriors. Speaking to a legal professional, who is fully engaged with how the Social Security Disability system operates for veterans or active duty members can help with a case.

Source: SSA.gov, “Disability Benefits for Wounded Warriors,” accessed on July 18, 2016