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HOW DOES ACTIVE MILITARY PAY AFFECT SOCIAL SECURITY DISABILITY?

A disabled veterans may qualify for Social Security disability even while receiving active duty military pay.  Here is Social Security's official policy on the matter of receiving active military pay while applying for Social Security disability benefits:

Active duty status and receipt
of military pay does not, in itself,
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
are 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 cannot receive Social Security
disability benefits if you engage in
substantial work for pay or profit.
However, the actual work activity
is the controlling factor and not the
amount of pay you receive or your
military duty status.


Unfortunately, Social Security field offices sometimes give out erroneous information about this.  I know of instances where Social Security offices have told disabled veterans that they cannot apply for Social Security disability while they are still receiving active duty military pay.  This is incorrect.

If an active duty member of the military is disabled and thus unable to perform "substantial gainful activity," he/she may be entitled to Social Security disability pay under the Wounded Warriors program--even while he is awaiting separation from the military and still receiving active duty pay.

The Forsythe Firm works with many disabled veterans to (1) help get their applications for Social Security disability filed and approved, and (2) to get the maximum back pay to which they are entitled.

There is never a fee for any service we provide until you win your claim and received back pay.  Consultations are free and without obligation.

The person to contact in our Huntsville, AL office (Redstone Arsenal area) is Charles W. Forsythe, Partner and disability specialist (256) 799-0297.

In the Middle Tennessee area, contact Gregory Forsythe, Partner, at our Nashville office,  (615)  732-6159.


THE FORSYTHE FIRM

"Standing With Veterans"


 







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