Military services members who became injured on active military duty on or after October 1, 2001 qualify for expedited processing of claims for Social Security disability benefits. The expedited processing does not mean that military members automatically qualify for Social Security disability benefits, but through expedited processing the usual long wait times on decisions of claims should be reduced. Below is an outline from Social Security about the “Wounded Warriors” provision.
What types of benefits can I receive?
Social Security pays disability benefits through two programs. The Social Security Disability Insurance program pays benefits to you and certain members of your family if you are “insured,” meaning that you worked long enough and paid Social Security taxes. The Supplemental Security Income (SSI) program makes payments based on financial need. The rest of this booklet is about the Social Security Disability Insurance program. Other helpful publications also are available online at www.socialsecurity.gov/woundedwarriors.
What is Social Security’s definition of disability?
By law, Social Security has a very strict definition of disability:
- You must be unable to do substantial work because of your medical condition(s); and
- Your medical condition(s) must have lasted, or be expected to last, at least one year or to result in death. While some programs give money to people with partial disability or short-term disability, Social Security does not.
Can I receive benefits for a past disability if my health has improved?
That depends. If we find that you meet our disability criteria and your application was filed within a specified timeframe, we will consider whether you qualify for a closed period of disability. A closed period of disability specifically requires:
- The medical evidence to establish that you were unable to engage in substantial work for a continuous period of 12 months, but by the time the disability decision is made, your condition had improved to the point where we find you’re no longer disabled.
- You to file an application within 14 months after the disability ended.
- A five-month waiting period before your first monthly benefit can be paid if you meet the requirements for disability benefits. You can receive up to 12 months of retroactive benefits from the date you file an application with Social Security.
How does military pay affect eligibility for disability benefits?
Active duty status and receipt of military pay doesn’t necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you’re receiving treatment at a military medical facility and working in a designated therapy program or on limited duty, we will evaluate your work activity to determine your eligibility for benefits. You can’t receive Social Security disability benefits if you engage in substantial work for pay or profit. We count the actual work activity and not the amount of pay you receive, or your military duty status
How do I apply?
You may apply for disability benefits at any time while in military status, or after discharge, whether you are still hospitalized, in a rehabilitation program, or undergoing out-patient treatment in a military or civilian medical facility. You may apply online at www.socialsecurity.gov/woundedwarriors, in person at the nearest Social Security office, by mail, or by telephone. You may call 1-800-772-1213 to schedule an appointment. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. We also have a “disability starter kit” available online to help you complete your application.
