SSDI & VA disability compensation

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          Thanks for your Inquiry, The Social Security Administration administers the Social Security programs, however, Congress develops and passes the Social Security Act, provisions and amendments governing the programs. Only Congress has the ability to change the laws that govern Social Security therefore we recommend that you relay your concerns to your congressional representative for consideration. 

          Constituents may identify and/or contact their elected members of Congress at the following Internet sites: 

U.S. House of Representatives: http://www.house.gov/

U.S. Senate: http://www.senate.gov/

http://www.socialsecurity.gov/legislation/ 

         -Letter from SSDI.-

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          Thanks for your Inquiry, You can get both Social Security benefits and military retirement. Generally, there is no offset of Social Security benefits because of your military retirement. You will get your full Social Security benefits based on your earnings, however, your Social Security benefit may be reduced if you also receive a government pension based on a job in which you did not pay Social Security taxes. More information may be found in our fact sheet called "Military Service and Social Security," publication number 05-10017, available on the Internet at the following address: 

http://www.socialsecurity.gov/pubs/10017.html

          You can file for retirement benefits online at:

http://www.socialsecurity.gov/applyforbenefits/ 

         -Letter from SSDI.-

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           3.4  VA Compensation

          (a) Compensation:  This term means a monthly payment made by the Department of Veterans Affairs to a veteran because of service-connected disability, or to a surviving spouse,child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957, or under the circumstances outlined in paragraph (c) (2) of this section. If the veteran was discharged or released from service, the discharge or release must have been under conditions other than dishonorable. (Authority: 38 U.S.C. 101(2), (13)). 

          (b) Disability compensation: 

                   (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or disease (including aggravation of a condition existing prior to service) while in active service if the injury or the disease was incurred or aggravated in line of duty. (Authority: 38 U.S.C. 1110, 1131). 

                   (2) An additional amount of compensation may be payable for a spouse, child, and/or dependent parent where a veteran is entitled to compensation based on disability evaluated as 30 percent or more disabling. (Authority: 38 U.S.C. 1115). 

         (c) Death compensation. Basic entitlement exists for a surviving spouse, child or children, and dependent parent or parents if: 

                   (1) The veteran died before January 1, 1957; or 

                   (2) The veteran died on or after May 1, 1957, and before January 1, 1972, if at the time of death a policy of United States Government Life Insurance or National Service Life Insurance was in effect under waiver of premiums under 38 U.S.C. 1924 unless the waiver was granted under the first proviso of section 622(a) of the National Service Life Insurance Act of 1940, and the veteran died before return to military jurisdiction or within 120 days thereafter. (See �3.5(d) as to Public Health Service.) (Authority: 38 U.S.C. 1121, 1141).  

          [26 FR 1564, Feb. 24, 1961, as amended at 38 FR 21923, Aug. 14, 1973; 39 FR 34529, Sept. 26, 1974; 44 FR 22717, Apr. 17, 1979].  

         -VA website.-

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1/1/2007 ---- Robert A. Steiner

Visit Me At:

www.rasteiner.com

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