VETERANS AND PTSD

A large number of veterans whom I represent for Social Security disability suffer from PTSD. Obviously, veterans who served combat tours in Iraq or Afghanistan (or the Gulf War) were put in traumatic situations that can cause or contribute to Post Traumatic Stress Disorder.

I see a significant number of veterans who have 100 percent VA disability ratings based on PTSD. But how does Social Security evaluate PTSD to determine whether a veteran is eligible for an SSDI benefit?

First, Social Security wants a clear diagnosis of PTSD from a licensed psychologist or psychiatrist, which is the result of a complete evaluation. Also, they want to see a history of treatment for the impairment and what the residual functional capacity is at the present time. In short, what are the restrictions on the claimant's ability to perform the mental demands of work. This includes the ability to remember, understand and carry out instructions; the ability to respond appropriately to supervisors and co-workers; the ability to handle routine changes in the workplace, etc.

One of the key factors I try to evaluate in PTSD cases is "concentration, persistence and pace."

Concentration: How much will the claimant be off task when performing work-like activities during an 8-hour workday? How does PTSD interfere with the ability to focus and be productive?
Persistence: Is the claimant able to work 8 hours a day, 5 days a week or a regular and constant basis? Would there be absences that exceed tolerances allowed by employers?
Pace: Can the individual perform quickly enough and consistently enough to keep up with the pace required in the workplace? Would frequent breaks be required? Would other accommodations be necessary?

If the Veterans Administration has awarded a 100 prcent disability rating, is Social Security obligated to find the claimant disabled? No, because Social Security has its own rules and requirements--separate from the VA. However, a high VA disability rating definitely supports the Social Security claim. Federal courts have also issued non-binding opinions about how VA ratings should be considered in Social Security claims.

Because of the similarity between a VA finding of unemployability and what it means to be disabled under the Social Security disability program, it is the rule in many federal circuit courts that VA disability ratings are entitled to “great weight.” (See McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002); Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Brady v. Heckler, 724 F.2d 914, 921 (11th Cir. 1984); and De Loatche v. Heckler, 715 F.2d 148, 150 n.1 (4th Cir. 1983).) One circuit court said that VA disability ratings were entitled to “substantial weight.” (Kane v. Heckler, 776 F.2d 1130, 1135 (3d Cir. 1985).)

In addition, Social Security Ruling 06-3p states that the decision and the evidence used to make the VA decision “may provide insight into the individual’s mental and physical impairment(s) and show the degree of disability determined by these agencies based on their rules.”

I am very happy to say that my firm has been generally successful in helping veterans suffering from PTSD to obtain Social Security disability benefits. The key is understanding Social Security's unique rules, regulations and evidentiary requirements. We try to custom design an appeal so that it helps the judge understand the claimant's background and how PTSD or other psychological stressors negatively impact his or her ability to work. Using SSR-85-15 as a framework, we can often demonstrate that the veteran who is disabled according to the VA rules is also disabled according to Social Security rules.

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Charles W. Forsythe

The Forsythe Firm

7027 Old Madison Pike - Suite 108

Huntsville, AL 35806

CALL US: (256) 799-0297

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E-Mail Me: forsythefirm@gmail.com