Abromson & Carey, Attorneys at Law
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Social Security Disability Benefits for wounded military members

There are many veterans in New Jersey who sustained injuries while on active duty. Many of those veterans have a disability rating-permanent and total-of 100 percent. Such veterans should be aware that, in addition to the benefits provided by the Department of Veterans Affairs, they are also eligible for Social Security Disability Benefits. However, to obtain SSD benefits, a wounded veteran must apply separately, based on the criteria set by the Social Security Administration.

A VA compensation rating of 100 percent does not guarantee SSD benefits for a wounded veteran. For SSD benefits, a wounded veteran must be "disabled" according to the SSA's definition. That means a wounded veteran's medical condition must be the reason for the inability to work. Also, the disability must have already lasted for one year and it should likely continue for one additional year or permanently. Also, wounded veterans should be aware that receiving SSD benefits does not affect the benefits that he or she is receiving from the VA. This requirement began on March 17, 2014.

In order to apply for SSD benefits, a wounded veteran must first be identified as a "veteran rated 100% P&T" and also provide a letter from the VA, which details this P&T rating. The amount of time it takes for the benefits to be regularized depends on a number of factors. However, the three major factors are the nature of the disability, the amount of time taken to collect all medical evidence and whether the SSA requires that the wounded veteran have further medical examinations.

Like other recipients of benefits from programs run by the SSA, wounded veterans are also eligible for the Social Security Disability Insurance and the Supplemental Security Income program based on their needs. However, applying for SSD benefits has always been a fairly complicated process and now, with the SSDI program under great scrutiny, wounded veterans can expect the process to be even more complicated. Therefore, it may be a wise decision to seek assistance from an experienced Social Security Benefits attorney.

Source: SocialSecurity.gov, "Information for Wounded Warriors and Veterans Who have a Compensation Rating Of 100% Permanent & Total (P&T)," Accessed on Jan. 30, 2015

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