Social Security Judges Must Consider Veteran's Disability

March 5, 2012 by Randy Zeldin

A Social Security Administrative Law Judge must give consideration to the Veteran Administration's determination that the plaintiff was totally and permanently disabled. In the case of King v. Commissioner of Social Security, the Court determined that some weight must be given to a prior determination, that a Veteran Social Security applicant, is already receiving Veterans benefits. The weight given to a finding of Veteran's disability, depends on the facts of each case. Since the regulations for disability status differ between the SSA and the VA, the Social Security Judge is no required to give "great weight" to Veteran's disability status. On the other hand, the Social Security Judge cannot ignore Veteran's disability status and must consider it in making a decision.