“Joe” was a Marine serving in Iraq when he suffered two roadside bomb blasts within a couple of months. The headaches, sleeplessness, dizziness and memory loss caused by these events resulted in his return to the U.S., where he tried to manage by self-medicating — and on his worst days considered suicide. It was not until two decades after his discharge that Joe was diagnosed with traumatic brain injuries. At that time the Veterans Administration (VA) determined Joe was unable to hold a job and therefore eligible for disability benefits at a 100 percent rating.
Until the VA’s decision and while he was struggling with his symptoms, Joe did his best to keep working. After his diagnosis he applied for Social Security Disability Insurance (SSDI) to supplement his VA benefits. To Joe’s surprise, the Social Security Administration (SSA) did not automatically accept the VA’s assessment of his disability.
SSA law requires workers have a disability that will prevent them from holding substantial employment for at least a 12-month period. This rule often prevents veterans with traumatic brain injuries from qualifying. With a brain injury there is a chance the veteran will improve over time, and therefore be able to work in the future. Joe was in limbo — he could not get benefits because he might improve — but in the meantime, he was depleting his savings and his family struggled financially.
Currently, this SSA rule is negatively affecting a significant number of veterans, and as individuals serving in Iran suffer similar injuries, the situation will worsen.
The challenges of living on the benefits provided by a 100 percent VA rating, are significant. Veterans (who chose to serve our country) often deal with chronic pain, homelessness, financial strain and serious health problems. Veterans in the 100 percent disability rated group have been found to be 2.45 times more likely to die within one year of diagnosis than veterans with lower disability ratings. In 2023, an average of 17.5 veterans committed suicide each day.
There is a better solution to this issue: Provide veterans with SSDI benefits based on the 100 percent VA rating and review the veterans’ conditions on a regular basis. If they improve and can eventually hold a steady job, SSDI benefits can be reviewed and possibly discontinued.
If you, or a veteran you know, has a 100 percent disability from the VA and is considering applying for — or has been denied SSDI — contact us for a free case review below or call 1-800-343-8537.
