HYPOTHETICAL: Does anyone know what would happen if a veteran who is presently collecting NSC pension ($985 max.) is awarded SSD in an amount in excess of the VA pension? Can they collect both for so long? When do they have to notify the VA? What happens if they do not notify the VA right away, and collect both for a few months? Will it result in recovery/payback to the VA, and if so when? Do they normally just make arrangements with the vet to pay it back? Do they get nasty? (i.e. criminal prosecution vs. civil collections). Anyone know anyone who has had experience with this? Thank you.

No, they can't collect both, if the SSDI is more than the VA pension. Yes, the claimant should notify the VA immediately, if the VA didn't already catch it, and will need to pay back any overpayment. It's the claimant's duty to notify the VA, of any change of income, while receiving VA pension. As for criminal prosecution I have no idea. It's best not to risk it.

pr

The gross amount of Social Security Disability or regular Social Retirement is deducted from any VA Pension rate. Therefore, if your gross monthly SSD is less than your monthly VA Pension, you get the difference between the two. Sometimes the monthly benefit of Social Security Disability is not high enough to knock you off VA Pension, but the retroactive back payment of SocSecurity Disability is enough knock you off. Supplemental Security Income(SSI) does not count against VA Pension as income. However, they get you the other way---meaning SSI will count VA Pension as income against any SSI eligibility/payment. The VA does not look at SSI as income, but they(VA) do count SSD as income, dollar for dollar.

vmo,
Do you have a link or the reg that shows SSI income has no effect on VA Pension ?
I've always been told and read that most VA Pension is also income based.
I would like to see more information on this if people can add to it.
Thanks,
carlie

[The VA does not look at SSI as income, but they(VA) do count SSD as income, dollar for dollar.]
"INCORRECT statement"


VA pension does count SSI, SSDI and any other form of income. They will deduct dollar for dollar from Pension.
It took three months to recieve my back payment of SSI & later SSDI and the VA dropped my pension until it was payed back.
Failure to report the incomes may result in fraud charges by the DVA.
If your income from SSI, SSDI & combination of SC benefits exceed Pension levels, they will drop your Pension benefit.

My medical expenses put me far below the pension threshold, but i'm still denied getting back on pension.

One slight under looked fact is that VA does allow for deducting Medical Expense from the other Income and in some cases like Vet is in a Nursing Home they can actually end up getting the Pension

There is a law that you can only get one full disability pension from the US government at the same time. I get a federal disability retirement and SSD. 60% of my SSD is deducted from my disability pension. If not for VA compensation I would really be straped for income. I guess a VA pension and SSD/SSI is handled the same way to an exent. However with the feds when you reach regular retirement age (62) you can get your full pension and SSA benefits. You would not believe how small my pension from the feds is for 30 years of service. It is about 13,000 a year and taxable. They count the years you were under disability retirement towards your pension but you only get 30% of your high three. If you start working for the feds when you are 20 and invest the maximum in the 401-K you might do alright in 40 years if the market does not crash when you retire. People think a federal pension is solid gold. What a laugh. I made around 50,000 a year as a fed, and I am supposed to live on 2000 a month as a retiree. Who can accept a 50% pay cut? I spend just as much in retirement as I did as an employee.

If you itemize all your medical expenses the VA will take it out.

Example


A Veteran gets a pension and lives in a nursing home that charges 2000 a month

The Vet gets 1500 from SSD and 985 Pension. The VA would pay
2000 - 1500 + 985 - 500 or 485 to Veteran

Medical expenses are deductible before they do the math

The DVA will likely stop your pension benefits as soon as they find out your receiving SSDI in an amount that exceeds VA Pension. You are better off writing them and letting them know about your SSDI income to get it taken care of ASAP.

They will request you repay "ALL" pension payments that you have received since your SSDI started. Since it takes around three months to receive anything from SSA once your SSDI is approved, you will already owe the DVA three months of Pension funds. So take care of this asap.


You can receive VA service connection payments & SSDI at the same time.

First, you are not permitted to collect both, you will have to decide which one you wish to collect. I assume it will be the larger of the two more likely than not SSDI. My suggestion to you is , upon your receipt of an award letter from SSA, immediately file a request to have your pension stopped, and make sure you have a copy of that letter. Do it at your local VA service CTR they will electronically send the letter for you. Sometimes believe it or not you make have to repeat that. Failing to notify the VA about SSA award in a timely manner can and probably cause you a very difficult time to straighten the mess out. Don't get yourself into it!

Just thought I would double point that out...Service Connected Compensation is unaffected by SSDI. Pensions are not...