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Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13326
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I am currently rated at 100% disability by the V. A., but have

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I am currently rated at 100% disability by the V. A., but have been refused SSI or SSID disability from S.S.A. I guess you can not have both?
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.

I am currently rated at 100% disability by the V. A., but have been refused SSI or SSID disability from S.S.A. I guess you can not have both? No! This is entirely untrue. I have assisted many, many individuals receiving VA benefits achieve an award from the SSA as well. However, it is true that a VA determination is not binding on the SSA, nor the opposite.

 

Because the standards are not the same, you will need to appeal your denial (absolutely appeal) and make sure to develope your case (or have an attorney who focuses heavily on SSD cases develope your case) in accordance with the mandates of the Social Security Act. Very useful is the Code of Federal Regulations that pertain (404), as well as the Social Security Rulings, that help you learn what it is that is needed to be found in your medical evidence from your treating doctors, particularly with regard to describing the specific level of remainining capacities to do one or more of the many work related tasks that SS laws focus on.

 

Definitely appeal. If you are insured for SSD, you can get it if you can properly develope that evidence relevant to the pertinent time period. SSDIB does not get effected by VA benefits.

 


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

 


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