Why Is the Date of Onset Important for Social Security Disability Claim?
Posted by admin on Nov 24, 2009
Q: Can you expedite the process of having your social security disability claim heard before an administrative judge?
A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. It is understandable that a claimant would want to speed up the process. It is not easy, however, to do this. Applicants who are experiencing financial difficulty can submit a dire need letter outlining their situation. You must also submit proof (foreclosure notices, utility late notices, creditor statements, etc.) of your dire circumstance. The Office of Hearings and Appeals can then decide if expediting the hearing process is appropriate. Another option is to request an on the record review. This simply means that your file is reviewed prior to your scheduled court date. It is the hope that a claim reviewed in such a manner will subsequently be awarded benefits without having to undergo a hearing. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. If your Representative or Senator supports the need to have your case expedited, his or her office will call or send a letter to the Hearing Office. If you desire to expedite your claim, it would be wise to do so with the assistance of a social security disability attorney.
Q: What is an onset date?
A: Your onset date is the day your condition or injury made you unable to continue work. It is important to establish an accurate date of onset, since all social security disability benefits due to you will be based on that date.
Q: Is every claimant eligible for retroactive social security disability payments?
A: No, not all claimants receive back pay. That being said, most cases do receive back pay. That is simply due to the fact that it can sometimes take years before a claim makes it through the process. For the fortunate social security disability claimants whose cases are approved within a matter of months, retroactive benefits may not be necessary. Past due benefits are based on the onset date of the condition. Regardless of the date of onset, an applicant can only receive retroactive benefits for up to a year prior to the date he or she applied for social security disability.
Your Social Security Benefits Questions: Social Security Credits
Posted by admin on Nov 18, 2009
Social Security Benefits: Your Questions about Social Security Credits
Q: Social Security tells me that I don’t have enough credits to qualify for benefits. What are Social Security credits, and how can I not have enough of them when I’ve worked and paid taxes for years?
A: When you work and pay Social Security taxes, you earn credits that are used to qualify you for social security benefits. The number of credits you receive is based on both income and the number of years worked. The necessary income level for receiving social security benefits credits rises a bit each year; as of 2008, you receive one credit for every $1,050 you earn. These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.
A certain number of credits or quarters are required in order to qualify you to receive social security benefits. The number of credits you need for social security is based on your current age, and is calculated by the number of years you have worked. If you’re looking to be eligible for social security benefits for retirement (and are of more than 62 years of age), you will need to have 40 credits (the equivalent of 10 years of work).
However, it can happen that a person who has worked a seemingly appropriate number of years does not gain the necessary credits for social security benefits. This occurs to workers who, during their working careers, did not (or do not) have social security taxes taken out of their wages. This situation mostly occurs among Federal employees hired before 1984, railroad employees with ten years or more of service, and state and local government employees whose employers do not participate in social security.
Veterans’ Benefits Questions, Answered
Posted by admin on Nov 17, 2009
There are many veterans in our country that have no idea that they could be receiving benefits. Some veterans feel that they do not have any reason to receive benefits and others upon being discharged would rather leave that life behind. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. If you are a veteran and you have a disability or injury this is something you should look into, you have earned these benefits.
Q: How do you know if you could be receiving benefits? Who, exactly, is qualified to receive them?
A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Secondly, you must currently suffer from a disability which began during your years of service, or began before hand and was worsened by doing service. There is a wide range of these sorts of disabilities, to some types of cancer, to breathing problems, to other disabilities that originated from or were affected by your service. Third, you have to be able to connect your current disability to your time in the service.
A good illustration of this kind of injury is if you injured your knee while hiking with your some friends while on leave from active duty. Because of the injury you now need a knee replacement or surgery, even if its years later. Though it may not seem like it, this injury itself is service connected, as you were on active duty when the accident or illness occurred, even though you were on leave. Secondly, now that problem is causing pain as well as other problems which you have to be treated for.
Q: But how will receiving benefits from Veteran Affairs really help me?
A: If you are successful in being service connected for your disability you could receive a monthly benefit and you become eligible for medical care at your local VA facility. The benefit amount you will receive each month will be dependent on what percentage of your current disability is determined to be service connected.
Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?
A: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. Rather than using math to determine these percentages, they use a rating chart to give you a total final percentage, or rating. These service connection percentages can be tricky to understand and if you feel that you should be receiving more benefits or a higher percentage then you should look into your disability and the severity or contact a professional that could assist you.
Q: My cousin has obtained a 65% service connection for the exact same disability I have. Why?
A: This is due to the fact that the VA rates everyone separately depending on the severity of their disability. It is important to remember that the VA uses a rating schedule to determining the percentage and, therefore, the amount of benefits an individual receives.
Q: If I work at Veteran Affairs, can I still receive disability benefits for my time in service?
A: You can. VA service connected disability benefits are not like Social Security Disability benefits in this respect. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. The VA does not reduce your VA service connected disability benefits just because you are working and receiving an earned income.
Q: Can I receive Social security disability benefits and VA service connected disability benefits? A: Yes. While Social Security Disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.
Q: My spouse, who was in the service and getting benefits from the VA for a service connected disability, has passed away. Am I eligible to get his or her VA benefits?
A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.
Q: How do I file a claim?
A:The VA has laws that are considered veteran friendly laws. The VA has the duty to help you file a claim and walk you through the process of obtaining benefits. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. To locate your local Veteran Affairs Regional Office and any local Veteran Service Organizations, visit the Veteran Affairs website at www.va.gov.
Q: Can I employ a lawyer to help me?
A: Veteran Affairs has some laws that help a lawyer to know when he or she can represent you for a fee, and when he or she cannot. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services. If you are considering contracting a lawyer to help with your claim, it is important to contact one locally for more information about your particular case.
Q: I am already receiving VA service connected disability benefits, can I receive anything else?
A: This depends on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. If this is your situation, there is a second application that you need to fill out in order to apply. If you feel that your disability makes it impossible for you to work, and should therefore receive more benefits from the VA, you should either contact a VSO or a lawyer to answer your questions and help you through the process. The VA also has benefits for those individuals that are unable to care for themselves on a regular basis or those that are unable to leave their home most of the time. This is called homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.
Because each claim is different, getting the benefits that you are entitled to can be a complex and confusing process. The VA’s website has a lot of information on what kind of benefits there are beyond disability benefits and what you can do to receive these benefits. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. You served for our country and you may be entitled to veterans benefits.