Proposed Law Would Accelerate SSD Process for Injured Armed Service Members
The bill, called the Recovering Service Members Disability Benefits Act, would expedite the Social Security disability process for the injured members of the armed services who are still on active duty.
COSTA MESA, CA, February 10, 2013
When our service members return from war after sustaining injuries while they were deployed, it is our responsibility to ensure they are cared for and the transition to civilian life is simplified, whenever possible. Two members of the House of Representatives recently proposed a bill to further that purpose.The bill, called the Recovering Service Members Disability Benefits Act, would expedite the Social Security disability process for the injured members of the armed services who are still on active duty.
Typically, when someone applies for Social Security disability payments, he or she will not receive benefits until a five-month waiting period has elapsed. The proposed bill eliminates that five-month period for active-duty armed services personnel who sustained an injury while in an area of combat.
It is important to note that while the bill will speed the process through which injured members of the armed services receive disability benefits, it does not affect many aspects of Social Security disability law. The new bill would not affect the eligibility requirements for Social Security disability benefits. In addition, as it is currently written, it makes no changes to the safeguards in place to prevent Social Security disability fraud.
Injured veterans can be eligible for SSDI
Often, armed service members who are injured in a combat zone are not aware that they may be eligible for SSD benefits. Even those who are still receiving military pay should explore whether they might be eligible for Social Security disability. In addition, members of the armed services who are receiving treatment in a military hospital may be eligible for SSD payments.
People injured while in the military must meet the same criteria to be eligible for SSD as the civilian population. To qualify, the applicant's medical condition must prevent him or her from completing "substantial work." In addition, the medical condition must have already lasted or be expected to last for a minimum of one year or lead to death.
If the injured service member makes strides in his or her recovery and wishes to attempt to return to work or train for a new position, he or she may still be eligible for SSD benefits. He or she is allowed to return to work to determine whether the position is still suitable despite the injury. People receiving Social Security disability benefits are also eligible to receive training for new types of employment, to allow them to return to work in the future.
If you or a loved one has been injured while in a combat zone, consulting with a skilled Social Security disability insurance attorney will ensure you are fully aware of your rights and the benefits for which you are eligible.
The law firm of Bohm Matsen, LLP, represents clients in California and throughout the nation in all areas of Social Security Disability law.
Website: http://www.ssdlawcalifornia.com