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Can I Qualify for VA Benefits and SSDI Benefits?

Have you suffered from a service-related injury? Let’s say that ten years ago, you were awarded 100 percent VA benefits. Back then, you called the Social Security Administration and you were told that you didn’t qualify for Social Security Disability benefits due to your VA benefits, and you accepted their response.

Perhaps you even felt bad about asking, but you thought it was worth it to give it a try. After all, you had paid into it since you were 17 or 18. Then, years later, someone tells you that what you were told by the SSA isn’t true.

It’s been 10 years since you first placed that call to the SSA. So, you call them again and once again you’re told that you don’t qualify. Not because you’re receiving VA benefits, but because you haven’t worked in the last five years.

Of course you haven’t worked – you are disabled. Has the law changed since you called the SSA 10 years ago? This situation just doesn’t seem fair.

You Can Still Apply for Social Security Disability

First, we want to thank you for your service. We understand your frustration and fortunately, we have some encouraging news. You can still apply for Social Security Disability benefits, however, you will have to show that your disability began within five years after you stopped working.

The Social Security Administration should not have any trouble accessing your VA medical records (with your permission of course), therefore, there should be ample evidence to support your case.

Social Security’s definition of a disability is different from the VA, so approvals are not guaranteed. If your claim is denied, we suggest that you file an appeal. In fact, many disability cases get approved during the appeals process, and you’ll want an attorney to represent you.

If someone in your situation is approved, Social Security typically pays a maximum of 12 months back pay on their disability benefits. However, if it can be established that you were misinformed when you first called the SSA, there is a possibility that they could pay your retroactive benefits which you would have been entitled to.

Dallas Social Security Disability Attorneys

To learn more about receiving SSDI benefits while receiving VA benefits, contact The Zendeh Del Law Firm to schedule a consultation with an experienced member of our legal team!