Leads bipartisan letter asking agency to give quicker consideration to veterans the VA has deemed unemployable

Congresswoman Chellie Pingree today asked the Social Security Administration to give special consideration in the disability claims process to veterans whom the Department of Veterans Affairs has deemed unemployable due to service-connected disabilities. In a letter signed by 13 other Members of Congress, Pingree asked the SSA both to expedite claims for these veterans and to take their unemployable status into consideration when making the decision on whether to grant benefits.

“What we have are two federal agencies with different standards of granting disability benefits. Even after veterans have gone through the process of being deemed unemployable by the VA, they have to start all over again at the back of the line with Social Security. Those claims can take 2 or 3 years before a final decision is made,” said Pingree. “I don’t think it’s fair to make these disabled veterans wait that long. Social Security should move these cases to the front of the line and give their unemployable status the full weight it deserves.”

The VA uses a complicated set of factors to rate veterans’ service-connected disabilities. Ranging from 10% to 100%, the rating determines the amount of compensation veterans receive for their disabilities. The Social Security Administration already expedites the claims of veterans who have a 100% rating.

But the VA can also give a status of Total Disability Based on Individual Unemployability (TDIU) if the agency deems that a service-connected disability prevents a veteran from maintaining gainful employment. The VA grants these veterans compensation at the 100% level, even if the veteran has a lower rating.

Social Security uses different criteria to grant disability benefits, centered on a person’s ability to earn income. While it expedites the claims of veterans who have a 100% disability rating, it does not do so for veterans who have TDIU with a rating less than 100%—even though the VA has already deemed them unable to earn an income because of their disability. (Expediting a claim can shorten the claims process by months, if not years.) Moreover, SSA does not currently treat TDIU as a deciding factor in whether to grant benefits, as some other federal agencies do.

“My office has worked with veterans who find themselves in this situation, and it’s very frustrating. The VA has already said they can’t work, but some have to go through multiple denials and a years-long process before Social Security makes a decision,” said Pingree. “I hope this letter leads to better treatment for veterans who are unable to earn an income because of the sacrifices they made serving the country.”

Pingree led the letter and was joined by Maine Congressman Mike Michaud, a leader on veterans' issues. The letter was also signed by Republican Bill Johnson, as well as Democrats Charles Rangel, Brian Higgins, Jose Serrano, Louise Slaughter, Ted Deutch, Gregory Meeks, Pete Gallego, Raul Grijalva, Barbara Lee, Stephen Lynch, Betty McCollum, and Alcee Hastings.