Social security disability benefit for injured veterans

February 15, 2013

Social security disability benefit for injured veterans

Article provided by Chris R. Borgia, Esq.
Visit us at http://www.socialsecuritydisabilitylaw.net

Military servicepersons injured while on active duty can request an expedited processing of claims for Social Security Disability benefits. Military servicepersons who became disabled while on active duty on or after October 1, 2001 qualify for an expedited processing. To file a claim in Florida, the injury need not have occurred in Florida.

Social Security disability benefits and Supplemental Security Income

Military servicepersons may receive two types of benefits. The first type is Social Security disability benefits, or SSD benefits, which are paid to the serviceperson and certain family members if the serviceperson is insured. To receive benefits, the military serviceperson needs to work for a certain amount of time and pay Social Security taxes. The second type of benefit is Supplemental Security Income. SSI pays benefits based on financial need.

Definition of disability

In order to receive SSD benefits, the serviceperson must be disabled. Social Security defines disability as meeting these two requirements:
-The applicant must be unable to do any substantial work because of the medical condition.
-The applicant's medical condition must have continued for, or is expected to continue for, at least one year, or is expected to cause death.


Although Social Security disability eligibility requires that the disabled person is unable to work, it is not impossible for a military serviceperson to receive SSD benefits and at the same time remain on active duty status and receive military pay.

What is the necessary information?

Military servicepersons who become disabled while on active duty may apply for SSD as soon as they collect necessary documents.

The necessary documents are:
-Proof of U.S. citizenship or lawful permanent residency
-DD 214 for discharged servicepersons
-Social Security numbers of minor children and spouse, which could be a divorced spouse in some cases
-Medical records
-Information for a contact person in case the applicant is unavailable
-Proof of workers' compensation or military pay
-Income tax return or W-2 from the previous year

Once the Social Security office deems that the documents are complete, it sends the claim application for review by State Disability Determination Services, which employs vocational and medical experts. Military servicepersons who are injured on active duty can receive an expedited processing from both SDDS and Social Security.

Special veterans benefits

There is another Social Security program for military veterans, called Special Veterans Benefits. This provides benefits to U.S. military veterans of World War II living overseas. The United States government funds the program, and Social Security administers it. Those who qualify for SVB are also eligible for SSI.

Social Security benefits applications can take as long as two years to process. Wounded worriers should not try going through the bureaucracy alone. A skilled disability attorney will be a great help in preparing the applications.