Thursday, October 30, 2008

Social Security Disability Benefits & VA Compensation

Many veterans and spouses do not know that a veteran can get both Social Security disability and VA compensation benefits. The veteran can get your entire benefit under VA Compensation and their entire benefit under Social Security Disability at the same time because there is no offset between the two programs.

When you get into VA pension, things become a little more complex. VA pension is a needs-based program for disabled veterans of wartime service. Veterans under the pension program can receive money up to the total pension amount. The VA will look at a veteran’s assets and countable income and if this is below the pension amount they will receive money to bring them up to the pension total amount. Income that does not count against the pension is welfare and other needs-based payments. These include supplemental security income (SSI), state welfare, general systems and home relief. The VA does count all family members income which can reduce or eliminate the veteran's pension. Social Security disability payments will count to reduce or eliminate pension amounts. This is because Social Security Disability unlike SSI is not a needs-based program. Workers compensation benefits paid either to the veteran or their spouse will count as income in calculating VA pension. It is also important to note here that even though VA pension is not offset by SSI payments, welfare or Medicaid these programs can count VA pension in determining eligibility for these programs. So unlike Social Security disability and VA compensation benefits, your amounts you get for SSI, Medicaid or welfare can be reduced or eliminated due to the income you receive from VA pension. So as you can see even though VA pensions are not offset by SSI payments, SSI payments are offset by VA pension benefits. This is done on the dollar for dollar basis.

Service-connected VA compensation benefits are usually not affected by employment. However, if the veteran has what they consider substantial gainful employment it may prevent benefits based on employability or individual unemployability. VA pension benefits will be eliminated if the veteran is engaged in substantial gainful activity. This is because in order to get VA pension one must be totally disabled.

Thus, ensure that you consider all of your options, including Social Security Disability benefits, which the veteran likely contributed substantially during their military service.

1 comment:

Anonymous said...

Lisa,

Thank you for the very thorough post. Many people do not realize that veterans are elegible for both VA benefits and Social Security disability.

Two additional things are worth mentioning. First, Social Security has a different disability standard than VA compensation, so getting SSDI is not automatic. Second, Social Security will expedite the claim of a "wounded warrior" harmed after October 1, 2001 while in service.