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Paul McChesney (Admin)
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Post Number: 1166
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Posted on Wednesday, March 22, 2006 - 9:31 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul McChesney, who runs this website, understands Social Security pretty well, but Veteran's Benefits poorly. The VA site, www.va.gov, is excellent for some things, and the privately run site, http://p203.ezboard.com/bvetbenefits, is an excellent place for personal advice about veteran's benefits. If you have a question about Veteran's benefits, please go to one or both of those sites. Trying to get useful information about veteran's benefits out of me is like trying to get whisky out of a bottle of wine: It just ain't in there.

You might ask them or me how VA benefits and Social Security benefits interact.

(Message edited by admin on March 22, 2006)
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Ashok Bail

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Posted on Thursday, January 31, 2002 - 2:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

When determining eligibilty for supplemental security income, Veterans Affairs compensation is considered in figuring out eligibilty.

My uncle recieves recieves 2,004 dollars a month from the VA in Texas.

Are VA disabilty benefits considered compensation?
Are VA disabilty benefits consodered income? If so, is he recieving too much from the VA to qualify for SSI?

Thank You
A. Bail
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Paul McChesney (Admin)

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Posted on Friday, February 01, 2002 - 4:22 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Let me recast your questions and answer them as I understand the questions:

1. Do all benefits paid by the VA cause a reduction in SSI? Yes.

2. Do any benefits paid by the VA cause a reduction in Social Security retirement or disability? No.

3. Do Social Security benefits cause a reduction in VA service connected compensation? No.

4. Do Social Security benefits cause a reduction in non service connected VA pensions? Yes.

5. Is $2,004 per month in VA service connected benefits too much to get any SSI? Yes. But if he qualifies for Social Security Disability or retirement, he could get that.
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John Stevens

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Posted on Tuesday, September 17, 2002 - 3:05 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Receive 100% disability from VA for hypothyroidism, major depression, lumbar arthopathy, arthralgia and flat feet w/heel spurs.
Fatigued all the time and not able to work because of the constant fatigue and concentration problems. Memory ( short and long term) is impared. Medications make me sleepy: flexeril, zoloft, motrin, zocor, etc). Applied for SSDI and they sent me for a mental status exam. Still waiting on a decision. Opinion?
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Paul McChesney (Admin)

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Posted on Thursday, October 03, 2002 - 6:09 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

John, you can probably predict my answer: The fact that you have gotten VA benefits proves that there is enough in medical record that was before the VA to justify a decision of disabilty, which means that, if that record is also before the Administration, and nothing else is, you have a pretty good chance.

But you have to make sure that both of those circumstances occur, and of course I would suggest getting an attorney to help you do so.

Take care and good luck.
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nelly boyle

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Posted on Monday, October 20, 2003 - 5:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

does my husband qualify for social security disabilit if he is 100% disabled and has nbeen that way since he was medically retired from the us army in 1969

can he get it

thank you
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Paul McChesney (Admin)

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Posted on Sunday, November 02, 2003 - 4:26 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Maybe, maybe not. He has to have worked enough to qualify, and to prove that he has been disabled soon enough after he stopped working. This might involve proof that he was disabled many, many years ago. Often this is difficult. I would sit down with an attorney.
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carolinas

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Posted on Tuesday, December 09, 2003 - 11:14 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was diagnosis with bypolar and giving shock therpy also a lengthy stay in hosp.s then quickly being discharged from the navy in 94. long story short after several years of failed employment( average longest length of employment about 3months)went to a tech school through voc-rehab (va) having a 1.9 gpa also miserably failed relationships. the people at the voc-rehab finally decided they were not gonna be able rehab me so they said i was unemployable and i could not function in a social or industrial enviroment (those were there words) so in 2001 i was awarded 100% and found unemployable. my situation hasnt changed if any it has gotten worse some of the medicine that i take makes me sleep most of the time.
i applied for ssd 10-01-03 a lady from the disability examiners office called about a month and a half later and wanted me to explain my situiation to her( i had already written a 3 page letter explaining)I know that the va is different than ssd.. anyway i was just wondering what you think my chances are of getting an award??
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Paul McChesney (Admin)

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Posted on Wednesday, April 28, 2004 - 8:49 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Carolinas, it is hard to say; it depends on whether you can show that you now have significant limitations from your impairments. There is a rule that the Administration must consider, though not follow, a VA decision.
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Isia Tee

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Posted on Wednesday, March 31, 2004 - 3:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

does receiving va compensation for service connection decreases social security retirement payment??

do i have to choose one or the other and end up receiving only the va or the social security benefit?

would my wife as widow be eligible for VA DIC payments if iam serviced connected 40 per cent disabled and cause of death is not related to va disability??

with both of us residing in germany, while i am living, would my wife be eligilbe to file for and receive a va monthly payment assistance based on need when her total monthly retirement amount including all money coming in is 350 dollars a month?? and Now how would that be answered if the husband is disabled??
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Paul McChesney (Admin)

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Posted on Wednesday, April 28, 2004 - 9:03 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

does receiving va compensation for service connection decreases social security retirement payment??

No.

do i have to choose one or the other and end up receiving only the va or the social security benefit?

Not if it's service connected

would my wife as widow be eligible for VA DIC payments if iam serviced connected 40 per cent disabled and cause of death is not related to va disability??

I don't know much about VA benefits.

with both of us residing in germany, while i am living, would my wife be eligilbe to file for and receive a va monthly payment assistance based on need when her total monthly retirement amount including all money coming in is 350 dollars a month??

That's another VA question.

and Now how would that be answered if the husband is disabled??

Same.
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Norman F Lavigne
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Posted on Saturday, September 04, 2004 - 12:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 100% P&T non service connected disabled at 58 for VA pension purposes. Does this give me a good chance to win my SS appeal hearing comming up in a couple months?
I have also appealed my VA non servive Connected Disability to get Service connected disability for compensation.Thank You, Norm
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Paul McChesney (Admin)
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Post Number: 837
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Posted on Wednesday, September 15, 2004 - 7:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Norm, Social Security is supposed to consider the VA decision, but it can disagree. And of course the fact that you won that case suggests that you have serious health problems.
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Bill Parcell
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Posted on Tuesday, September 14, 2004 - 10:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Can i get IU from VA. if i was turned down by social security? Is the criteria the same? I have been retired due to a service connected condition.

Thanks
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Paul McChesney (Admin)
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Posted on Wednesday, September 15, 2004 - 7:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Bill, Just to show you how little I know about veteran's benefits, I don't even know what IU is.

But I do know that it is possible to win one claim and lose the other. For one of many things, the VA will award some benefits for partial disability.
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marcus
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Posted on Friday, August 20, 2004 - 3:05 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a serviceman with 25 years of service. After taking several immunizations (will not name) and six months in to my deployment to Afganistan, Kuwait, Iraq and Uzbeckistan, I began having symptoms of daytime exhaustion, snoring, depression, hypertension and cardiac arrryhtmias. Additionally, a type of arthritis developed that one doctor says is osteoarthritis and others say other things. My question is since the Army feels I am no longer qualified to remain in service, am I wrong to expect them to give me the 30% that allows me to draw the retirement that I have earned? AFter all, I am now taking 9 medications and require a CPAP. The Va rates the medical issues at over 70%.
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Paul McChesney (Admin)
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Posted on Wednesday, September 15, 2004 - 6:58 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I know a little but not much about veteran's benefits; I would be doing you a disservice if I made a guess about what veteran's benefits you should get.
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eddie maher
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Posted on Sunday, September 05, 2004 - 3:27 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I've been recieving a 100% disability from the va,and they knocked down me to 40%,which i am really considered a disabled man,i've been seeing a psychiatrist for8 yrs now,and i falls a lot,because ihave a flat feet which got when i was wearing the boots during the vet war.i couldn't worked because i am taking a lot of pills and i have two hip replacements,sarcoidosis and asteoporosis,and i am so depressed of all these stuffs.
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Paul McChesney (Admin)
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Posted on Wednesday, September 15, 2004 - 7:30 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Eddie, I am sorry. You should contact one of the veteran's service organizations and ask them to help you. As you might know, lawyers are not allowed to charge more than $10 for representing someone before the Veteran's Administration. I know very little about how to handle a Veteran's claim.

Take care and good luck.
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RAVEN BLAQUE
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Posted on Wednesday, November 03, 2004 - 12:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

MY DAD IS 81 YOA AND A VETERAN OF THE ARMY OF U.S. HE AND MY MOM ARE STILL MARRIED, IS SHE ELIGIBLE FOR ANY VETERAN BENEFITS AS A VETERAN'S WIFE SUCH AS MEDICAL OR HEALTH BENEFITS??

ANY HELP IS WELCOME AND APPRECIATED.
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Paul McChesney (Admin)
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Posted on Sunday, November 21, 2004 - 8:38 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ravan: I'm not sure. My knowledge of Veteran's benefits is limited. It is often true that a spouse can get an allocation from a veteran's check, but I am not sure how that works. Most counties have a Veteran's officer, and the veteran's organizations have them, too; or you can keep searching on the web. Take care.
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Bill George
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Posted on Tuesday, November 16, 2004 - 10:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Unable to work since 1992 I discovered I was suffering from combat related PTSD in 1994 and initially rated 30% disabling. I filed for SSDI in 1996 and was denied. My symptoms worsened during this period and was unable to file an appeal for SSDI. By 1999 the VA rated me 100% total and permanent retroactive to 1994. I attempted to file another claim for SSDI in 1999, but by this time wasn't eligible due to lack of current work credits. Up until 1992 I had worked continuously since being a teenager.

Is there any recourse for a combat veteran who was unable to file a timely appeal of a SSDI denial when he was not able to do so due to his continuous treatment and multiple hospitalizations for service connected disabilities that have rendered him unemployable?

Your expert advice is appreciated.
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Paul McChesney (Admin)
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Posted on Sunday, November 21, 2004 - 7:47 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Bill: In short, do not try to use what I say below to decide what to do. Your case is too complicated. You need to sit down with a Social Security lawyer who is really good at this, and quickly; a lot of deadlines are coming up for you. I suggest that you visit the Social Security website and order your earnings record to show the attorney, but don't wait for it to come; hurry!

In long, there are three ways to try to solve your problem, none of which might work. Let us assume that it will be easy to prove that you have been disabled since 1994. You still have to show that you were disabled during a time that you were eligible, and that the deadline for any appeal has not expired.

1. If your eligibility extended after your last denial, you can simply file again. Based on what you tell me, this is possible: If you work steadily up to a certain date, for many years, and make enough that last year, you will be insured through December 31 of the 5th year after you quit. If your work is less, it might be fewer years under a complicated formula. If you quit in 1994, the latest date you might be eligible is December 31, 1999, so it is possible you might be able to file a new claim.

2. Alternately, you might be able to reopen your old claims. You can do this within 4 years if you have new and material evidence. Depending on when in 1999 you applied, you might still have time.

3. If more than 4 years have passed since your old claim was denied, there is an argument that if it was impossible to appeal a claim because of the mental or physical disability, you can still appeal it.
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Paul McChesney (Admin)
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Posted on Saturday, November 13, 2004 - 7:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Charlotte, assuming you mean Social Security disability, not now unless you are disabled or have a minor or disabled child in your care; you can probably retire on his record at age 60 (you don't have to wait till 62).

There might be some other source of income besides Social Security, of course; please research that carefully.
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joe zaza
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Posted on Wednesday, November 24, 2004 - 6:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I AM 100% DISABLE with th va and i put a clame in for social security benifets SSD do they also have to give me benifits ?
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Paul McChesney (Admin)
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Posted on Wednesday, December 01, 2004 - 1:17 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Joe: Yes, if you prove you are disabled. If you have non service connected, if you win both cases, you will get all of your Social Security Disability, but you will only get your VA benefits if the VA check is larger than the SSD check.

If your benefits are service connected you can get both in full.
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Henry Smith
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Posted on Wednesday, December 29, 2004 - 9:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am in the process of getting a divorce. My ex-wife to be says she is entitled to half of my V.A. Disability check which is 10% - $108.00 per month.
Where can I find the information for my attorney in Florida?

Thanks,

Henry Smith
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Paul McChesney (Admin)
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Posted on Friday, December 31, 2004 - 9:27 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Not sure; I only know a little about VA benefits. Check with the VA. They have a great website at www.va.gov. Or talk to your county VA representative.
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carol ann
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Posted on Thursday, January 27, 2005 - 5:06 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been a widow since Dec 1993. I have received DIC since for me and my daughters. I now recieve of only me and my youngest daughter who is age 16- almost 17. I receive 1240.00 per month. Last month I receive notice from Social Security that I will continue my benifits as my daughters care taker. She has uncontroled epilepsy. Being as she is consider disabled should her DIC benifits increase? Also her medicines and medical bill are covered by TriCare Prime, when she becomes of age or can no longer go to school is the away to keep her medical benifts for her medicines? She is 1 1/2 years behind in school. She has an Individual Education Plan within her high school. I am not sure even if public schools pass her that she will survive in college. I am hoping she will be able to get a trade of some sort behind her. She can not drive, nor get a licenses. Where do I go if the are more benifits for her? WHat tpe of paperwork do I file? And where do I file these papers. Thanks in advance for any help.
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Paul McChesney (Admin)
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Posted on Sunday, January 30, 2005 - 4:26 pm:   Edit Post Delete Post View Post/Check IP