100% Disabled Rating from the VA. Easy Social Security Disability Win?
If the VA has issued a 100% disabled award for PTSD, will you automatically win Social Security disability?
As I discuss in this video, the VA has very different standards than Social Security when it comes to defining disability.
In the VA system you are assigned a disability rating (such as 40%, 80% or 100%), whereas in the Social Security system you are either disabled or not - there are no partial disabled awards.
Further, VA treatment records often do not address your vocational capacity, which is the main issue in your Social Security disability case.
I can also tell you that PTSD (post traumatic stress disorder) is a condition that is very common at the VA and one that frequently arises from combat operations. As such a large percentage of VA claims arise from PTSD.
In the Social Security disability world, PTSD can arise from military service but it can also arise from childhood or adult sexual abuse, emotional abuse or family violence.
PTSD is also a condition that cannot be imaged in an MRI or CT scan, which makes PTSD and all mental health conditions more difficult to win.
So, for many reasons, your 100% VA rating for PTSD will not be binding on Social Security and you should not assume that these two federal agencies have anything in common when it comes to disability determinations.
You can certainly win a PTSD case in the Social Security disability system and your VA treatment records can help prove your case. But you need more than that 100% service connected finding to win SSDI or SSI benefits.
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Jonathan Ginsberg
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