VA Disability + Social Security

[Rowdy01]

Hello All,

I hope this isn't a stupid question, but just have to ask:  I'm approaching age 62 and I'm currently receiving military retirement pay and I'm also receiving compensation as a 100% permanently and totally disabled veteran.

My question....will applying for and receiving my Social Security, when I turn 62, affect either my retirement or my disability compensation?  I'm almost 100% certain that it will not, but I'd love to be assured of this by some of you folks that might be receiving all three right now.  

 

Thank you!

 

 

[broncovet]

Correct, broken soldier.  VA compensation is not affected by social security retirement.  Social security disability "turns quietly into" social security retirement, when you reach retirement age.  

VA pension, on the other hand, is needs based, and the money you get from VA is factored into the amount you get on SSI.  

When I applied in 2002, I had no idea of the differences between VA pension, (needs based) and VA compensation.  And, my VSO was no help there, either.  Neither was the VA..VA pension, which I was eligible for, would have allowed me to stay in my home, except I did not know to apply for it.  A claim for compensation is also a claim for pension, but not everyone understands that, including va.  

Of course, there is that awful word "may" be considered.  

Quote

§ 3.151 Claims for disability benefits.

(a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38 U.S.C. 5101(a)). A claim by a veteran for compensation may be considered to be a claim for pension; and a claim by a veteran for pension may be considered to be a claim for compensation. The greater benefit will be awarded, unless the claimant specifically elects the lesser benefit. (See scope of claim, § 3.155(d)(2); complete claim, § 3.160(a); supplemental claims, § 3.2501(b)).

(b) Retroactive disability pension claims. Where disability pension entitlement is established based on a claim received by VA on or after October 1, 1984, the pension award may not be effective prior to the date of receipt of the pension claim unless the veteran specifically claims entitlement to retroactive benefits. The claim for retroactivity may be filed separately or included in the claim for disability pension, but it must be received by VA within one year from the date on which the veteran became permanently and totally disabled. Additional requirements for entitlement to a retroactive pension award are contained in § 3.400(b) of this part.

Not every Veteran who applies for compensation is eligible for pension.  For example, pension is "war time", and you have to meet income requirements for pension.  Not understanding this, I probably lost my home.   My doctor finally told me to apply for pension, after I indicated I was about to lose my home even after applying for benefits.  Its one of VA's "gotcha's".  

The VA expects me to either know all the differences, or to have a VSO know enough to apply for both.  The VSO may have even asked, but not knowing the difference, and him saying compensation was more, I probably just said to go for compensation.  

What I did not know, is that pension often goes through quickly and even smoothly.  You either served in war or not, and you either meet income requirements or not, its black and white.  

But, how did I know that VA fights Veterans who are applying for compensation, as those require the caluza elements, while pension does not.  

I figured out too late, Veterans eligible for both pension and compensation should go ahead and apply for pension, because its gonna take years to straighten and many appeals to straighten out the caluza elements.  

[Rowdy01]

This has become very confusing. 

I'm not asking about SSDI (SS Disability) or SSI (Supplemental Security Income)....I'm talking about straight up social security that you can begin receiving when you turn 62.

I think the simple answer might be the first one I received....there is no offset for either my retirement pay or my VA disability compensation. Right?

 

 

[brokensoldier244th]

Yes, there is no offset. 

 

[pacmanx1]

2 hours ago, Rowdy01 said:

I'm not asking about SSDI (SS Disability) or SSI (Supplemental Security Income)....I'm talking about straight up social security that you can begin receiving when you turn 62.

There are some veterans out there that are rated 100% P & T or TDIU P & T but refuse to file for SSDI which is equal to the exact same amount of full retirement because someone told them if they wait until they officially retire, they can get more benefits. The fact is if you stop working, you will not earn anymore credits and the SSA would award SSDI (Social Security Disability Insurance) to those individuals in that category and just pay them the full retirement early and when they actually hit the ripe proper age converts it to SSRB (Social Security Retirement Benefits) or full retirement.  

 

P. S. Veterans that are rated 50% or above makes too much money to get SSI. I would say it would be rare if they got it and it would not be much. 

Edited September 11 by pacmanx1

[relatively happy camper]

It would be really stupid for you not to apply for SSDI NOW and I would use the date of whatever the date was you used for your SC 100% or TDIU, as the date you first became disabled.  There is a major disadvantage to applying for SS retirement as you'll lose about 30% of what you would have gotten if you'd waited until regular full retirement age (which is the same amount you'd get on SSDI).  It's your choice.  jmo

Edited September 11 by relatively happy camper
accidently posted before completed

[broncovet]

I agree with relatively happy camper.  Here is why.  

If you apply for social security retirement, at age 62, the amount will be less becasue you are applying early.  

But, if you apply for social security disability instead, and you should get it because if you are 100 percentVA, then you should get Social security disability easy.  

You will cost yourself money applying for social security retirement instead of social security disability at age 62, because the amount is lower for anything below "full retirement age"   (FRA). Full retirement age 66, so you will get less.  

It will be about 30 percent less for you to get social security retirement at age 62, so you should instead apply for social security disability, unless you have plenty of money and dont need more.  

Sourcee: https://www.ssa.gov/oact/quickcalc/early_late.html#:~:text=A worker can choose to,by retiring at age 70.

Your social security retirement will be based on your earnings.  So, for example, if it worked out to $2000 per month at full retirement age, then retiring early will likely cost 30% or $600 less.  So you would only get $1400 per month, while your social security disability should be around 2000, as there is no deduction for getting disabled at 62.  

 

Edited September 12 by broncovet