Yes, because even if you are 100% P&T, it does not mean that you will be guaranteed disability benefits. When a serviceman’s disability is rated, the VA uses a different method to that used by the SSA when assessing eligibility for disability benefits.
The assessment results in a rating figure in percentage terms ranges from 10%, which is the least to 100%, which is the most.
If there is no chance of recovery and the veteran has been totally disabled, then the rating is termed 100% P& T, meaning that it the disability permanent and total.
The VA assesses only those disabilities that are connected to or linked to active service. The SSA uses its own criteria to assess whether those who are disabled qualify for disability benefits such as the number of work credits accumulated over a certain period of time and whether the applicant is still able to work and if the disability can be found in the SSA’s Blue Book which lists those medical conditions that qualify for disability benefits.
Why Can I Be Denied Benefits If I Am 100% P&T?
A 100% P & T rating is only part of evidence submitted to the SSA. It is not an automatic guarantee of approval for benefits being paid by the SSA, however there is good possibility that it will be an expedited process, meaning that someone with that VA rating will have their application processed much faster than normal applications.
However, if you haven’t accumulated sufficient work credits earned through contribution into the federal tax system you may still be denied disability benefits.
If the SSA believes you can still work and have substantial gainful activity (SGA) despite being classified as disabled, then you may be denied disability benefits. A person who is earning more than the monthly SGA amount, which for 2023 for those who are statutorily blind is $2,460 and for those who are not blind the amount is is $1,470 may not qualify for disability benefits.
Another important feature of a disability benefits claim is finding the medical condition on a list compiled in the SSA’s Blue Book. If it can’t be found then a disability benefits application could be denied.
How Does a 100% P&T Rating Impact My Application for SSD?
If the SSA accepts your 100% rating you may get an expedited claim. This means you may find out if you qualify for disability benefits far faster than the average SSDI claim.
This may depend on proving that your disability will last for at least 12 months or end in death at some time in the future.
Get Help With Your Claim
It is never easy understanding the rules for qualifying for disability benefits, particularly if a VA assessment needs to be considered by the SSA.
It is a good idea to work with an attorney with a free case evaluation who may be able to help you to win the disability benefits you deserve.