Consideration of VA benefits in an SSDI claim

A recent case from a local district court that resulted in remand addressed a number of important issues, including the issue of a VA disability determination in the context of a SSDI claim.

According to the Commissioner’s own rules and regulations, a decision by any governmental agency about whether an individual is disabled must be considered evidence. 20 C.F.R. § 404.1504. While such evidence may not be binding on the Administration, various Circuit Courts, including the Sixth Circuit, have held that the Commissioner must give the decisions of other agencies evidentiary weight.

. . . .  Furthermore, the Fourth, Fifth, Ninth, and Eleventh Circuit Courts have held that a VA ratings decision was entitled to “great weight.” . . . .

Reynolds v. Colvin, 2014 U.S. Dist. Lexis 8450 (E.D.Tenn. Jan. 3, 2014)

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About tngadisabilitylawyer
Disability Lawyer in Tennessee and Georgia.

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