Gardberg & Kemmerly, P.C. Attorneys at Law

Disability Benefits for Wounded Warriors

Military service members can receive expedited processing of disability applications from Social Security Administration under a special program called Wounded Warriors. To qualify for the expedited process, military service members must have become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurred. To be found disabled for Social Security benefits, the military service member must be unable to do substantial work because of his or her medical condition and the medical condition must have lasted, or be expected to last, at least one year or to result in death. It is important to note that Social Security disability benefits are different than those from the Department of Veterans Affairs, and require a separate application.

Similarly, starting March 17, 2014, veterans who have a VA compensation rating of 100% may receive expedited processing for Social Security disability benefits. However, a VA compensation rating of 100% does not guarantee a military service member Social Security disability benefits. Military Service members must meet the above definition of disability in order to qualify. Receipt of VA compensation will not affect a military service member's potential eligibility for Social Security disability benefits.

Receipt of military payments should not stop a military service member from applying for Social Security disability benefits. Active duty status and receipt of military pay does not, by itself, disqualify a military service member from receiving Social Security disability benefits. Military service members currently receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty may still be eligible for Social Security disability benefits.

To learn more about the expedited process for Wounded Warriors and your potential eligibility for Social Security benefits, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court. www.gardberglaw.com

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