Disabled Americans face many challenges. Thankfully there are many programs that can ease the financial burdens that those with impairments often face. VA Disability, private long-term disability insurance, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and Worker’s Compensation are separate programs all targeted towards helping individuals who may not be able support themselves due to their medical conditions. In many situations these programs overlap, and some people may be eligible for more than one program. In some instances, an individual may be able to collect benefits from multiple programs, but in other cases benefits may be restricted or offset.
Let’s start with VA disability compensation and private long-term disability (LTD) benefits. You can be eligible to be paid by both programs at the same time because these programs are independent of each other. There is no statutory prohibition against receiving both private LTD and VA benefits.
However, many private long term disability policies often include clauses that may reduce your LTD payments based on the amount of VA benefits you receive. This is known as an “offset provision”. The offset provision allows the insurer to deduct from your LTD payout the amount of disability income you receive from other sources, including the VA. Some LTD policies have this offset provision while others don’t. This is why you need to carefully review your policy documents or consult an attorney to understand the exact impact of your VA benefits on your LTD benefits.
Because VA disability and LTD are separate programs you must apply for VA benefits through the Department of Veterans Affairs and for LTD benefits through your insurance provider. Each program has its own unique eligibility criteria. While VA disability is based on service-connected injuries, private LTD is typically based on your inability to work.
Likewise, benefits from the two Social Security disability programs are also based on your inability to work. To learn more about qualifying for Social Security disability benefits read our blog post: “Differences Between Applying for Social Security and VA Disability Benefits.”
If you are a disabled Veteran and you are considering filing for either VA or Social Security disability or if you have been unfairly turned down for benefits, contact us at Cuddigan Law for free evaluation of your situation. Disability law is all we do. If you hire us to represent you, you have a team of professionals in your corner who will fight for your rights, and we only get paid when you win your case.
When you hire an experienced VA disability attorney you have a much greater chance of winning your claim than if you have no representation. The VA’s own statistics from the Board of Veterans Appeals show that in fiscal 2024 nearly 43% of appeals were approved with attorney representation, compared to less than 30% without representation.
Veterans represented by attorneys also experience a lower denial rate for their claims. The denial rate for Veterans with attorney representation before the BVA was less than 15% compared to more than 21% of claims were denied among those Veterans with no representative to fight for their rights. VA disability attorneys also had a higher success rate than any of the Veteran Service Organizations.
Source: Department of Veterans Affairs (VA) Board of Veterans’ Appeals Annual Report Fiscal Year (FY) 2024
