In a recent court decision, the district court remanded a case for hearing because the administrative law judge (ALJ) failed to properly address the disability determination made by the VA.  The ALJ determined that the claimant did not have a ‘severe’ impairment.  The VA had determined that the claimant had service-connected disabilities of migraine headaches, depressive disorder and chronic folliculitis, which entitled him to an individual ‘unemployability’ rating by the VA.  The ALJ did not address this VA determination. 

            The ALJ must address the disabilities determined by the VA and weigh those disabilities under the social security disability regulations.  While the ALJ is not bound by the VA ruling of ‘disabled’ or ‘unemployable’, the ALJ must address whether the claimant has an impairment that could reasonably be expected to produce those symptoms or problems and evaluate the pain of the claimant under the factors in the regulations provided by social security for determining disability.  The ALJ must take into consideration the VA’s disability determination, as well as the claimant’s subjective complaints in making his findings.

            While this new ruling does not mean that you are entitled to social security disability if you are 100% disabled or unemployable through the VA, it does mean that the ALJ has to take your ruling by the VA into consideration and cannot just dismiss it outright.  The judge must give reasons why the disabilities determined by the VA are not enough to grant disability under social security regulations.  However, please keep in mind that both systems have different rules for determining disability.  If you have any questions, or know someone that does, please contact our office.