Veterans may become disabled during active military service and it may take months before they complete the process for a medical discharge. During this period, they are still receiving active duty military pay. But may they also qualify for Social Security disability benefits? The answer is, yes, they may--even though they are still getting active duty pay.
The Wounded Warrior provisions are very clear that active duty military pay, in and of itself, does not disqualify a disabled veteran from receiving Social Security disability payments.
The key is not whether the service member is receiving military pay, but whether he or she is able to work. If it can be shown by objective medical evidence that a service member cannot perform work related activities, he or she may qualify for Social Security disability benefits.
Also, once the veteran receives a 100% permanent and total disability rating from the Veterans Administration, Social Security offers an expedited track for a disability decision--which can reduce waiting time for a disability determination.
To explore the possibility of a successful Social Security disability claim, please contact Charles W. Forsythe, a partner with the Forsythe Firm in Huntsville. (256) 799-0297.
A Guide for Successful Social Security Disability Applications in Huntsville & N. Alabama. (256) 799-0297
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