As a retired veteran of the United States Navy, you probably already know that you can receive military retirement based on years of service and VA disability benefits for service-related physical and mental health conditions. However, VA compensation for retired Navy personnel may not be the only disability benefits available to you.
You could also be eligible for Social Security disability for retired veterans, but there are different qualifying criteria for disability benefits through the Social Security Administration. It can be harder to qualify for Social Security disability, and the retirement or disability benefits you get for military service may affect how much you get from Social Security.
The disability benefits team at Sackett and Associates has been helping people in Northern California and throughout the country with their disability claims for 45 years. The information in this post gives you the insight you need as a Navy veteran to make informed decisions about the disability benefits available to you.
VA Compensation For Retired Navy Personnel
When you retire from military service, your years of service may entitle you to collect retirement benefits under one of two pension plans. If you enlisted in the Navy before January 1, 2006, the Legacy or High 36 retirement system applies to you. A Blended Retirement System (BRS) applies to anyone joining after December 31, 2017. Those joining between January 1, 2006, and December 31, 2017, had a choice of one of the two systems.
VA disability compensation is a tax-free monthly payment veterans can receive for a service-connected injury or illness caused by active duty in the military. Disability benefits after Navy retirement could also be available for medical conditions made worse by active military service.
A partial disability or one not considered permanent could qualify for disability compensation through the VA. The same is not true with disability benefits through the Social Security Administration.
Disability Benefits Through The Social Security Administration
The two disability programs available through the Social Security Administration are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs use the following definition of disability:
- A person must have a medically determinable physical or mental impairment;
- The impairment or combination of impairments must last or be expected to last for at least 12 continuous months or result in death; and,
- The condition must prevent a person from doing any gainful work activities.
When reviewing applications for SSDI and SSI, Social Security looks for medical documentation proving that a person has a severe medical condition meeting the criteria of the definition. Two methods are used to make this determination.
The Social Security Administration maintains a listing of impairments called the “Blue Book” for use by claims examiners at its Disability Determination Services to determine if a claimant has a medical condition meeting the criteria of a listing. Each listed impairment contains symptoms and the length of time symptoms must exist to prove that a claimant is disabled.
If a person cannot meet the criteria of the Blue Book, a disability meeting the definition may be proven using a person’s Residual Functional Capacity or RFC. The Disability Determination Services evaluates medical records supporting the claim and may request a medical examination of the claimant to assess how a person’s medical condition limits their ability to do work-related physical and mental activities.
RFC is the work a person can do despite the pain and other symptoms caused by their medical condition. If RFC allows a person to do jobs they did in the past or train to do different types of jobs available throughout the national economy, they are not disabled.
How Does VA Disability Compensation Affect Social Security Disability?
If you qualify for VA disability after retirement military retirement, your monthly payments do not affect eligibility for SSDI. It also does not affect how much you receive each month in SSDI benefits. It’s a different story when the disability benefits that you receive come from the SSI program.
Claiming VA disability after Navy service does not affect eligibility or how much you receive each month through SSDI. SSDI benefits are determined by your average lifetime earnings subject to payment of Social Security taxes. It’s different for the SSI program.
SSI is a program based on financial need, so it has income and resource limits that would be affected by payments you receive as VA compensation for retired Navy personnel. Except for the first $20 of VA benefit payments you get each month, the balance reduces your monthly SSI benefits.
Get Help from Experienced Disability Lawyers
The disability team at Sackett Law has experience representing people claiming disability benefits after military service. Let our disability lawyers help you navigate the Social Security claims process by contacting us today for a free consultation and claim evaluation.
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