Military
service members can receive expedited processing of
disability claims from Social Security. Benefits
available through Social Security are different than
those from the Department of Veterans Affairs and
require a separate application.
The expedited process is used for
military service members who become disabled while on active
military service on or after October 1, 2001, regardless of
where the disability occurs.
You cannot engage in substantial
work activity for pay or profit, also known as substantial
gainful activity.
Active duty status and
receipt of military pay does not, in itself, necessarily prevent
payment of disability benefits.
Receipt of military payments
should never stop you from applying for disability benefits from
Social Security. If you are receiving treatment at a military
medical facility and working in a designated therapy program or
on limited duty, the Social Security Administration will
evaluate your work activity to determine your eligibility for
benefits. The actual work activity is the controlling factor and
not the amount of pay you receive or your military duty status.
If you have been
denied Social Security Disability Benefits,
you should seek the legal advice and representation
of experienced legal counsel to ensure you are fully
aware of your legal rights, how the Social Security
Administration operates, ensure all of your
documentation is properly prepared and submitted in
a timely manner, and fight for your legal rights in
Social Security Disability legal issues and
disputes.
If you
would like to schedule a confidential consultation with an experienced
Social Security Disability Attorney
- Lawyer in
Orlando, Orange County, Osceola, Polk, Seminole or
Volusia Counties, or the surrounding Central Florida
area, contact
MacDonald Law
at
407-694-9290,
or by using our
online submission form.
