Charles Hall reports in his blog that the Veteran’s Disability Benefits Commission has voted 11-2 to table any discussion of proposals to offset veteran’s disability benefits by SSDI benefits received. This means that veterans who are receiving VA benefits are eligible to receive SSDI benefits in addition to their VA benefits.

An offset provision would have reduced the total available benefits to dual VA/SSDI claimants. For now, at least, there will be no offset and disabled veterans can continue to receive checks from both agencies.

Note that the Veteran’s Commission report speaks to the question of offsetting VA benefits. Whether Social Security will move to reduce SSDI eligibility because of VA benefits is a different question.

VA impairment findings have long been considered as valuable evidence in Social Security cases. In many cases that I have tried, the veteran’s service connected medical problems worsen over time and can be important factors in proving current disability.

–Jonathan

[tags] VA benefits, SSDI offset, Veteran’s Commission, service connected disability [/tags]

I want to know if you are opiate dependant, do you qualify for SSDI? I have been disabled for over 20 years, but have been too proud to apply till I really was in need of SOMETHING to help me with a home, electric, etc.and especially my methadone dependence…….that saved my life.
–Christine

Jonathan Ginsberg responds: Several years ago, Social Security added regulations which provide that if drug and alcohol dependency is a “material contributing factor” to your disability, then you cannot be awarded benefits. Another way to look at this – if you stopped using the drugs would you be able to work?

You do not say in your email why you are using methodone. I have seen clients who use methodone to address severe, chronic pain. My sense, however, here is that you are using methodone to control cravings for heroin or some other illegal drug.

Although drug dependence, like alcohol dependence, is recognized by psychologist and psychiatrists as a disease, I think you will have a hard time winning SSDI. If you have some other medical or mental health condition that exists independently of your opiate addiction, you might have an argument but I think you would have an uphill battle.

Secondly, if you have been disabled for 20 years, I presume that you have not worked. In that case, you would not have any earnings credits for Title II disability, although you could be eligible for SSI. Note that if you are married or you have other household income, your eligibility for SSI could be reduced.

[tags] opiate dependence and social security, material contributing cause, alcohol and drug use and social security disability [/tags]