Under what circumstances may a disabled veteran qualify for Social Security disability benefits while he/she is still receiving active duty pay?
The answer: When the veteran is unable to perform his or her job duties because of a physical or mental impairment.
Under the Wounded Warrior Project, Social Security disability benefits may be available to a disabled veteran while he or she is on active duty and receiving military pay. This is because benefits are tied to the ability to perform work activity, not to the amount of money a veteran may be getting from the military. The key point is to prove that you are disabled.
Many veterans are still receiving active duty pay while they undergo the length process of a medical board review and eventual medical discharge. The Wounded Warrior provisions of Social Security allows them to apply for Social Security disability now and, if they can prove disability, to receive benefits now.
The Forsythe Firm helps disabled veterans to apply for and receive Social Security benefits. These benefits may be in addition to benefits from the VA.
There is no fee for our service unless you are approved and receive back pay or retroactive benefits. All consultations are free and without obligation.
THE FORSYTHE FIRM
7027 Old Madison Pike NW, Suite 108 - Huntsville, AL 35806
When a Social Security disability claim is denied, the claimant must ask for a hearing before an administrative law judge (ALJ). Social Security is pushing for more hearings by video-teleconference (VTC). This allows the judge to hold a hearing from any location, while the claimant usually appears at a local hearing office or Social Security field office.
Should you accept a hearing by video-teleconference? There is little reason to do so. So far, there is little evidence that a VTC gets a hearing scheduled any faster. One disadvantage is that many VTCs are being conducted by judges out of one of the national hearing centers, such as Chicago or St. Louis. So, you may not get a hearing by a local ALJ like you would with an in-person hearing.
How to opt out of a VTC: If you choose not to have your hearing by video teleconference, you must object in writing. Social Security is sending letters to claimants who are awaiting the scheduling of hearings. The package includes an objection form to be signed and returned within 30 days. (You cannot object to a VTC prior to getting this letter).
If you need more information about hearings by video teleconference, or about disability claims in general, please contact us at the number below. Information is free and without obligation.
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806 "Across from Bridge Street"
