If you are in the military and you are suffering from a disability, you
should know that military service members are entitled to receive expedited
processing of their disability claims. Since the benefits you receive
from Social Security are different from the ones that you receive from
the Department of Veterans Affairs, you will have to submit a separate
In order to take advantage of the expedited processing, you must have become
disabled while on active military duty on or after October 1, 2001, regardless
of where the disability occurred.
Under the Social Security Disability Insurance program, wounded warriors
and certain family members can receive benefits providing the service
member has worked long enough and paid their Social Security taxes. In
order to receive disability benefits, you must meet the Social Security
Administration’s strict definition of a disability:
- You must be unable to do any substantial work because you of a medical
condition that must have lasted, or is expected to last at least one year,
or result in death.
How Military Pay Affects Eligibility for Benefits
If you’re on active duty and receiving military pay, that won’t
necessarily prevent you from receiving
SSD benefits. If you’re receiving military pay, you should never let that stop
you from applying for SSD benefits.
Are you receiving treatment at a medical facility and working in a therapy
program? Or, are you on limited duty? If you answered yes to any of these
questions, the Social Security Administration will evaluate your work
activity to determine if you are eligible for benefits.
Unfortunately, you cannot receive SSD benefits if you are engaging in any
substantial work and are getting paid for it. However, the controlling
factor here is the actual work activity, and not how much pay you are
receiving, or the status of your military duty.
If You Remain on Active Duty
If you remain on active duty, you still may receive SSD benefits. However,
you should contact Social Security right away if there is any change in
your Military Occupational Specialty code, your Air Force Specialty Code,
or your Navy Enlisted Classification.
If there is a change in your work status, it may affect your SSD benefits,
so you should tell Social Security right away about any such changes.
Are you a wounded warrior who is interested in applying for Social Security
Disability benefits? For legal representation in Plano, Dallas, and Ft.
Worth, contact the
Zendeh Del Law Firm, PLLC today!