» VA or Veterans Disability Benefits and Social Security Disability: How does one affect the other?
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VA or Veterans Disability Benefits and Social Security Disability: How does one affect the other?

If a claimant has a VA Disability Rating Decision SSA must consider that evidence. Although the evidence is not “binding” on SSA (20 CFR sec. 404.1504) it can not be ignored. 20 CFR sec. 404.1512(b)(5), SSR-06-3p. In four Circuits including Florida the VA Disability Rating Decision is entitled to “great weight”.  Brady v. Heckler, 724 F.2d 914,921 (11th Cir. 1984).

At the same time, the VA is to consider a SSA decision but one must realize that the determinations and conclusions of the decision are often not as helpful as one may think. For example, the VA Disability Rating Decision places a percentage on a disability that either in part or whole usually does not equal a rating of 100% and/or total unemployability. To win a claim before SSA you must show exactly that, total unemployability. Both the VA and SSA have different definitions of each.

There many other instances of the interaction of the two agencies and in later blogs we will delve into other points of interest. It is important to seek legal advice especially when dealing with the issues aforesaid. You can read more at www.FloridaSocialSecurity.com and/or www.TampaVeteransLawyer.com and/or
call toll free 1-855-418-9354 begin_of_the_skype_highlighting            1-855-418-9354     end_of_the_skype_highlighting and speak to
David W. Magann, attorney at law.

Posted on Tuesday, February 1st, 2011 at 12:53 pm and filed under Social Security Law.

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