Veterans and social security claimants face the exact same rules and regulations in their disability claims whether they are located in Boise Idaho or Boston Massachusetts. In SSA and VA processes each claim for disability is required to follow the same administrative procedures for that agency and each claim for disability is required to submit the same burdens of proof. Each claim is then reviewed by the VA or SSA judges who using the same rules should -- theoretically -- arrive at a similar decision outcomes for similar factual cases. That only makes sense, if the facts are similar and the laws are the same, then the outcomes should be the same across the board.
That is...in theory.
In reality the outcome for veterans and social security claimants is wildly different across the country. Although using the exact same rules, and procedures for similar cases, similar claimants in VA and SSA are finding that while one claimant is awarded benefits another is denied benefits.
These wildly varying outcomes in VA and SSA cases that have been occurring for decades. And this past month, the US Supreme Court itself finally sat up and took notice of this diversity.
In a recent appeal before the US Supreme Court, Chief Justice Roberts was "startled" to learn only now what veterans and other claimants have been claiming for decades. That the VA and SSA positions in most claims are not justified.
The US Government has openly admitted to the Supreme Court that more often than not in SSA and veterans claims, the government's position to deny benefits is in error.
In fact the attorneys for the United States admitted on record to the Supreme Court that in 42% of social security claims, the SSA's position to deny benefits was not justified.
In direct questioning as to the percentage of VA claims being wrongly decided, when Justice Roberts asked the United States about facts showing that up to 70% of VA claims were being wrongly decided, the US did not deny that amount but guessed the the level might be closer to "more than 50%" of VA claims being in error.
US Supreme Court:Well that's really startling, isn't it? In
litigating with veterans, the government more often than not takes a
position that is substantially unjustified?
US Government: It is an unfortunate number, Your Honor. And it is -- it's accurate.
Source:Marcia Coyle The National Law Journal February 24, 2010
Claims for veterans' disability benefits and social security disability benefits are supposed to adjudicated by the same rules for anyone, anywhere in the country. Are they? The US Supreme Court is "startled" by what it discovers. Read on.
