Our Baltimore Veterans Disability Lawyer Helps You Pursue Your Benefits
Most disabled veterans are aware of the benefits they may be eligible for through the VA. However, you may not realize that you may be eligible for social security benefits as well if you are disabled. In order to get the benefits you deserve, you need to know how to build a successful claim and how to navigate the social security disability process. This can be challenging for most people, and a simple mistake can jeopardize your claim. A Baltimore veterans disability attorney will have the knowledge and experience you need to get the benefits you are entitled to.
Can I Qualify for Social Security Disability Benefits as a Veteran?
The short answer to this question is yes, you may be able to qualify for and receive social security disability benefits even if you are already receiving disability benefits through the VA. That said, the two systems of benefits are very different, and the fact that you are receiving disability benefits from the VA does not mean that you automatically qualify for disability benefits under social security.
The Difference Between VA Disability and Social Security Disability Benefits
The principal difference between these two types of benefits has to do with the extent of your disability. You can qualify for VA disability benefits even if you are only partially disabled. The VA will make a determination and assign a total disability rating, 100% being totally disabled. You can receive disability benefits through the VA if you have a disability rating as low as 10%.
Social security disability benefits, on the other hand, are available only if you are totally disabled. To be considered totally disabled to receive social security disability benefits, you have to meet both of the following requirements:
- You are unable to perform any significant work due to your medical condition; and
- Your disability is expected to last at least 12 months or to result in death.
While this is a high threshold, it’s important to note that you may be able to qualify even though you have a VA rating of less than 100%. While social security will consider any evidence submitted to or used by your case with the VA, social security will make an independent determination as to whether you qualify for disability benefits. An experienced Baltimore social security disability attorney will be able to evaluate your claim and determine whether you may qualify.
Retroactive Social Security Benefits for Veterans in Maryland
You may still be able to apply for benefits even if you were only temporarily disabled. If you were totally disabled for at least 12 months but your condition improved, you have 14 months from the date you were no longer disabled to submit your claim for approval. If approved, these claims may be subject to a five-month waiting period before you can begin receiving your benefits.
Are You a Disabled Veteran? Contact Baltimore Veterans Disability Lawyer Emmett B. Irwin Today
At the Law Office of Emmett B. Irwin, we work to ensure that our disabled veterans get all of the benefits they are entitled to. If you are a disabled veteran and need help getting your benefits, contact us to discuss your case during a free consultation with an experienced Baltimore veterans disability lawyer. We work with clients throughout Maryland and surrounding states.