Social Security Disability vs. VA Disability

There are quite a few differences between Social Security disability and the disability benefit program of other agencies, such as the Veterans Administration.  For example, an individual may have a partial disability with the VA.  But Social Security disability is all or none.  You are either disabled or you aren't.

Social Security also has a "duration requirement," stipulating that unless an impairment is expected to result in death, it must have lasted or be expected to last for a continuous period of at least 12 months (CFR 404.1509).

Also, Social Security will not accept a determination of disability from any other state or federal agency or from any non-government agency, for that matter. 

"We must make a disability or blindness determination based on social security law.  Therefore , a determination made by another agency that you are disabled or blind is not binding on us"  (CFR 404.1505).

This can work in favor of the claimant, however, in an appeal scenario.  If the Disability Determination Service (DDS), the state agency that makes initial decisions for Social Security, determines that you are not disabled, neither the claimant nor Social Security is bound by that decision.  The claimant may appeal the DDS decision and the administrative law judge conducting the hearing is not bound by any decision that was made at the state level.  It is, however, necessary to appeal an unfavorable disability decision within 60 days. Tragically, I see people frequently who could have almost certainly won their claim if they had not let the 60 day period expire without filing an appeal.  


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