Does Military Status Affect Eligibility For Disability?

Parmele Law FirmSocial Security

If you are an active duty military member and become disabled, it is unlikely you will be permitted to continue service. In these cases there are usually benefits provided by the VA, but you might also be considering applying for social security disability income (SSDI). If that thought has crossed your mind, the next thought might be to wonder if you qualify for SSDI while still an active duty service member. The short answer is that you can apply, your active duty status does not prevent you from seeking SSDI benefits. But there are some things you need to know if you decide to take this action.

SSDI benefits are reserved for those who are truly disabled and not able to engage in any type of substantial gainful activity. If your military status shows active, there could be a presumption that you are capable of working and thus not eligible for SSDI benefits. For other military status, here is some general information:

• Limited duty: the Social Security Administration (SSA) will take this status into account and could determine you are not able to work as an active duty service member and provide SSDI benefits.
• Designated therapy program: the SSA will also take this type of work into consideration and it is likely you could be found disabled as far as qualifying for SSDI benefits.

Keep in mind the Veteran’s Administration (VA) also provides benefits. Because the VA benefits, other military benefits (like military pay), and SSDI are all benefits provided by the federal government. It is critical to keep each of these agencies in the loop about your condition or disability, and whether you are receiving benefits. You do not want to run the risk of having benefits granted and then taken away because of a misstep taken along the way when applying. Let us take a look at your situation and let you know what type of benefits will be best for you, and how to apply for what you need.

If you have questions about social security disability benefits and military service, call an experienced attorney for help. Contact us online today for more information. We can also be reached at 855-727-6353.