SSDI while on Active Duty?

Globe2280

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PEB Forum Veteran
Registered Member
Can I apply and receive SSDI while being on active duty? I have been diagnosed with Menieres Disease which makes it impossible for me to work, even being on active duty.

Thanks
 
Can I apply and receive SSDI while being on active duty? I have been diagnosed with Menieres Disease which makes it impossible for me to work, even being on active duty.

Thanks
You continue to be paid; that is the issue in my opinion.

Ron
 
From the SSA:

"To be eligible for Social Security disability benefits, you'll need to make $1,220 or less per month in 2019. If you're blind, the limit is $2,040. This amount is known as "substantial gainful activity," and is adjusted each year.Feb 20, 2019."

Ron
 
Thanks Ron, I thought that some guys received it while being active
You might want to review the SS web pages.

I have never seen (or heard of) an individual receive SSDI while being paid for active duty. On the other hand, I usually don't address SS issues.

Ron
 
It has been a while since I last logged on; Amazing site!! In addition to Ron recommending for you to research SS web pages and to answer your
question:
Yes, you can apply for SSDI while you are on active duty. However, getting it approved is dependent on your condition. Note: your active duty pay does not affect your eligibility for SSDI......"if your current condition meets ssdi codes" with respect to SGA your active duty pay is considered a "Compassion pay" Others may budge in; for you way forward, I recommend to
1. familiarize yourself with these social security regulations: SSA POMS DI 10505.023 and SSR 84-24
2. Read this case:
Keep searching through pebforum for similar cases...to arm you with you situation
Lastly, pay a visit to your SFAC center (wounded warrior center) and link up with Social security representative...to assist with filling out your application.

Good luck !!
 
Yes. You can receive SSDI while active. I won’t get into specifics because the variants are far too vast suffice it to say I know first hand. Good luck, it’s not easy to be approved, but tenacity, if truly deserving will serve you well.
 
It has been interesting to read of the experiences of those who have received SSDI while on active duty.

Related links:
--->LINK Can I Collect SSDI

---> LINK to Important info from SSA
"How does military pay affect eligibility for 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."

Ron
 
Can I apply and receive SSDI while being on active duty? I have been diagnosed with Menieres Disease which makes it impossible for me to work, even being on active duty.

Thanks
I’ve heard of and had friends that were assigned to the WTB(Warriors in Transition Battalions) doing their SSDI claims and being approved. Thus they were drawing SSDI and their regular Army paycheck.
 
Yes, you can apply while on AD. Be sure to note you are a wounded warrior on the application. Apply ASAP, as there is a five month waiting period from the date of application for benefits to start. If you are not performing your normal duties you can actually draw benefits while on AD. You can apply online.
 
You can apply while on AD, but depending on the state DDS office it is possible that they will come back and deny based on your Active duty income. This is NOT correct for them to deny but it happens a lot. My advice is to get a good lawyer and apply.
 
mixed.soulja79 and chaplaincharlie are headed down the right path. As RonG points out, to qualify, an applicant must not be performing, or capable of, performing Substantial Gainful Activity.

So the question is, “What duties are you performing while on active duty?” If the duties you are performing are performing while on “active duty” require specific knowledge or activities, those duties may be considered SGA.

SD Brewer - FYI, the Disability Determination Service Services does not evaluate based on income. Income is the purview of the SSA. If the SSA knows income is too high, it will not send a case to the DDS which is responsible for the medical evaluation/determination.

Finally, Globe2280, you must prove you cannot perform any job in the national economy. Now what you are accustomed to doing, not what you would like to do, but ANY job that pays the Federal minimum wage.
 
My personal unbias opinion is the SSA intent was for the Wounded Warriors (the troops that report for rehab and physical therapy as their main duty) to apply so they will be recognized for SSDI prior to their separation, but the SSA rules do not state this anywhere in their application process. I have also applied as I do not work and will not be allowed to work after I medically retire due to my conditions and my rehabilitation schedule.

I will not tell you to NOT apply, if you are eligible for any compensation, then I will always suggest that someone attempt to collect any compensation they are eligible for! Just be truthful in what you believe you require and are eligible to receive!
 
Can I apply and receive SSDI while being on active duty? I have been diagnosed with Menieres Disease which makes it impossible for me to work, even being on active duty.

Thanks

You can apply for and receive SSDI while on active duty. I did and was granted it. I received SSDI and active duty pay together from January 1, 2010 to May 7, 2014. I filed for SSDI in October of 2009, which was when I was referred to the WTU after I returned from convalescent leave from surgery.

SSDI was granted from the day of my surgery (14 July 2009), however the way the rules work is that they do not begin payments until the 1st of the month, six months following your date of application.

I was not granted SSDI right away, while I waist the WTU, it was in the state of Texas, where they were making immediate grants to WTU members within 30-60 days.

The WTU sent me home to California to the CB-WTU, whereas my claim was transferred. CA denied my claim (SSDI claims are initially decided by the state disability determining office).

I had to get a SSDI lawyer who appealed the denial all the way to an administrative law judge.

The ALJ granted my claim on October 2013 and I was given back pay to 1 Jan 2010.

Beginning in November 2013, I started getting regular monthly SSDI payments on the 3rd of the month, and I also received my full pay, BAS and BAH until my last day in service which was 7 May 2014.

If you do not apply, you will most certainly not get it.
 
You can apply for and receive SSDI while on active duty. I did and was granted it. I received SSDI and active duty pay together from January 1, 2010 to May 7, 2014. I filed for SSDI in October of 2009, which was when I was referred to the WTU after I returned from convalescent leave from surgery.

SSDI was granted from the day of my surgery (14 July 2009), however the way the rules work is that they do not begin payments until the 1st of the month, six months following your date of application.

I was not granted SSDI right away, while I waist the WTU, it was in the state of Texas, where they were making immediate grants to WTU members within 30-60 days.

The WTU sent me home to California to the CB-WTU, whereas my claim was transferred. CA denied my claim (SSDI claims are initially decided by the state disability determining office).

I had to get a SSDI lawyer who appealed the denial all the way to an administrative law judge.

The ALJ granted my claim on October 2013 and I was given back pay to 1 Jan 2010.

Beginning in November 2013, I started getting regular monthly SSDI payments on the 3rd of the month, and I also received my full pay, BAS and BAH until my last day in service which was 7 May 2014.

If you do not apply, you will most certainly not get it.
Im not in the WTU. But I'm going through the MEB and will be getting medically retired in the next few months. Do I qualify to apply and receive SSDI while on AD
 
Im not in the WTU. But I'm going through the MEB and will be getting medically retired in the next few months. Do I qualify to apply and receive SSDI while on AD

You can get SSDI while assigned to the WTU as you are unable to perform normal work. I don’t think going through an MEB while remaining assigned to your regular job would qualify.
 
Can I apply and receive SSDI while being on active duty? I have been diagnosed with Menieres Disease which makes it impossible for me to work, even being on active duty.

Thanks
Yes you can. I am on active duty and I am receiving SSDI for a disability that has cause me not to work. They even back paid me for one full year based on the onset date of my condition. They don’t award it easily. They are very diligent with the evaluation process.
 
I might add, I applied while on AD and was approved while on AD.
 
Applied for SSDI in March. Got the call last week and was denied, based upon too much money being earned. Every reference I attempted to use concerning work versus pay versus whatever, the SSA employee kept going back to the same thing, being paid too much. She even went so far as to say that all those nifty pamphlets, websites and info sheets that cite all the information saying active duty "could" receive SSDI while on AD was myth and would not be found on any official .gov website and she wished websites, VA organizations, and vet organizations would stop handing them out and perpetuating a myth. She said once I separate and no longer have an income to re-apply. Then she went on to say that no matter who you are or why you were approved she said nobody gets paid for six months after being approved. I figured out my case was going nowhere and she just was going to let me know in an hour conversation how smart she was and how dumb I was. Oh well, I suppose I wait until DD214 then try again.
 
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