How a Veteran (VA) Disability Lawyer Can Help You and Your Family

At The Sam Bernstein Law Firm, we respect and admire the veterans who have bravely served our country. We also know it’s often difficult to obtain the Social Security disability benefits you are entitled to. That’s why we have a dedicated team of veteran disability lawyers ready to serve you. We will determine which type of Social Security benefits you qualify for and make sure you and your family get every dollar you deserve.  

Why You Need a Veteran Disability Lawyer

Because applying for Social Security benefits is a complex process, you will have a greater chance of success with experienced VA disability lawyers on your side. One reason is that the Social Security Administration (SSA) denies approximately two-thirds of all claims, including veterans claims, even though many of these applications meet the specified qualifications. 

What’s more, the average wait time for an appeals hearing is 14 months. And, on top of that, about one-third of all appeals are denied. For applicants who are not represented by attorneys, the rejection rate is even higher.

We know you can’t afford to wait months or years to receive your benefits. Whether you are applying for the first time or appealing a denial, an experienced veteran disability lawyer will make sure you receive the income you deserve. 

Veteran Social Security Benefits: Which Type of Social Security Disability Benefits Do You Qualify For?

A veterans’ disability lawyer will help you determine the right program and make sure your application contains the necessary information and supporting documentation.

There are two basic categories of Social Security disability benefits: Social Security Disability (SSD) and Supplemental Security Income (SSI). Both types require applicants to meet several medical and eligibility criteria.  

Basic Social Security Disability (SSD) benefits are designed for workers who have a long-term disabling injury or illness. These benefits are also known as Social Security Disability Insurance (SSDI) and Retirement, Survivors, and Disability Insurance (RSDI). 

Supplemental Security Income benefits (SSI) are need-based programs for disabled children and adults with limited income. 

Medical Conditions That Qualify You for Social Security Disability Benefits

The Social Security Administration (SSA) maintains a list of approved medical conditions, also known as the SSA “Blue Book.” This regularly updated database includes details about the assessment process and medical documentation requirements for each condition.

In addition, an applicant may qualify for benefits if the SSA considers their condition to be “equally severe” as one or more of the listed impairments.  

Furthermore, if an applicant’s condition is neither on the SSA list nor considered medically “equal” to a listed impairment, they may still qualify if they have “limited functional capacity.” This means the person’s medical condition prevents them from performing their previous work or functioning in other job capacities.  

The SSA Compassionate Allowances Program

The SSA Compassionate Allowances program allows expedited claims processing for applicants suffering from extremely severe medical conditions. The SSA lists more than 200 such conditions, including many types of inoperable cancers, early-onset Alzheimer’s Disease and certain serious heart conditions.

Are Veterans Entitled to Social Security Disability Benefits for PTSD?

Yes. You do not have to suffer from a physical medical condition to qualify for Social Security benefits. The SSA list of approved conditions also includes numerous mental disorders, including PTSD (Post-Traumatic Stress Disorder).

Are There Special Social Security Disability Programs for Veterans Who Were Wounded in the Line of Duty?

Yes. Veterans who become disabled while on active military service on or after Oct. 1, 2001 are eligible for expedited processing of their Social Security disability claims. These “wounded warriors” may apply for benefits during their service or after discharge.

In addition, as of March 17, 2014, veterans who have received a VA compensation rating of 100% Permanent and Total (P&T) may be entitled to expedited processing of their applications for Social Security disability benefits. However, this 100% P&T rating from the VA does not guarantee an applicant will be approved for SSA benefits. 

The Difference Between VA (Veterans Administration) Benefits and Social Security Disability (SSDI) Benefits for Veterans

Both are government programs that provide monthly income for disabled individuals. However, they have different processes and eligibility criteria. 

To receive VA benefits, the disability must be connected to the veteran’s military service. This means the injury, illness or mental condition was caused or aggravated by something that occurred in the line of duty.

To qualify for Social Security disability benefits, the veteran must meet the SSA’s strict definition of disability as follows:  

• The applicant is unable to do substantial work because of a medical condition(s) 
• The medical condition(s) must have lasted, or be expected to last, at least one year, or to result in death

Individuals with partial or short-term disabilities are not eligible for Social Security benefits.

Am I Eligible for Social Security Disability Benefits if I’m Also Receiving VA Benefits?

In many cases, yes, although both programs have separate applications and qualifying procedures. A veteran disability lawyer will help determine your eligibility for each program and guide you through the application processes.

How Much will it Cost to Hire a Veteran Disability Lawyer?  

You will never have to pay an upfront fee to hire one of our Social Security disability lawyers. Like personal injury attorneys, VA disability attorneys work on a contingency basis. This means they don’t get paid until the case is resolved, no matter how long it takes. 

At the end of the case, the lawyer’s fee is taken from the client’s past-due benefits, or back pay.

Additionally, Social Security law prohibits injury attorneys, including veteran disability attorneys, from receiving more than $6,000, or 25% of a client’s back pay, whichever is less, except under very limited circumstances. 

The Call Sam Kitchen for Veterans: Serving Those who Served

In conjunction with Volunteers of America Michigan (VOAMI), the state’s largest provider of veterans’ services, we established the Call Sam Kitchen for Veterans in Detroit. Here, volunteers from our staff and the local community serve three meals a day year-round to those who have so loyally served our country.  

Please join us in giving back to the men and women who have given so much to us. Make a monetary contribution, donate clothing and supplies or volunteer to spend time serving meals to our deserving veterans. 

The Sam Bernstein Law Firm matches every donation up to $500 each week. What’s more, we guarantee that 100% of all donations, including our matching funds, goes directly to VOAMI to help our veterans. 

Social Security law is complicated, but finding the right social security lawyer is simple. 

Click the button below to fill out a quick form or Call 1-800-CALL-SAM today for a free, no-obligation remote consultation from the safety of your home.