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.
Can a Social Security Lawyer Help My Claim Be Approved?
Posted by admin on Sep 22, 2009
Q: Will hiring a social security lawyer decrease the chances that my disability claim will be denied?
A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. A social security lawyer, however, can assure that your claim will be correctly filed. Only a small percentage of disability claims are awarded after that initial and reconsideration review processes. You should file an appeal, if your case is not approved. Hiring a social security lawyer to help your case through the appeal and hearing processes is advisable. An experienced lawyer knows the appeals process well and brings expertise that will be invaluable during an appeal. If you are awarded benefits after the hearing process, your social security lawyer will walk you through applying for retroactive benefit payments and assure the correct onset date is established. You can certainly choose to represent your claim yourself. Most people, however, seek an attorney to help them through the process to assure that everything is completed fairly and correctly.
Q: What happens if you miss the hearing date for your social security disability claim?
A: Being absent from a scheduled hearing is not recommended.If you were unable to attend the hearing for a good reason, it is likely that another hearing date can be scheduled. Legitimate reasons are those that were not expected and emergencies. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. It is important that your claims representative at Social Security has all your current contact information, so that mailed notifications will be sent to your correct address. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. You will then have to reapply for disability, if that occurs. Consider seeking the counsel of a social security lawyer to assist you in securing a new date for your hearing and the process of the hearing itself.
Q: Are SSDI and SSI the same thing?
A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Individuals who have contributed to Social Security via their paychecks and, consequently, earned enough work credits are eligible for Social Security Disability Insurance. Supplemental Security Income (SSI) is based on financial need. SSI is not based on work history.
Can a Social Security Lawyer Help with My Claim?
Posted by admin on Jul 22, 2009
Q: When will I actually start receiving benefits?
A: When your disability case was given approval, the Social Security board in your particular state decided when your injury first prevented you from working (known as “date of onset.”) You are eligible to receive benefits five months after your date of onset. But, benefits are paid at the end of each eligible month, so you will not receive your first payment until six months after your date of onset. No benefits will be paid for those first five months. If your disability began before you applied for Social security disability, you may be eligible to receive back payments. You can receive retroactive benefit payments for no more than a year. If you need assistance applying for or determining if you are eligible for retroactive payments, it would be helpful to contact a social security lawyer. There are many applicants who do receive back payments for benefits, since the process of applying for benefits can often take quite a while.
Q: Will my children receive benefits?
A: Whether or not your children receive benefits will depend upon how much you contributed to Social Security prior to being injured. Your child may be entitled to receive monthly benefit amounts of about 50 percent of your full monthly benefit amount. There are limits to how much your family can collect. And again, how much your dependents are eligible to receive is based on your Social Security earnings history. To be eligible, a child cannot be married. He cannot be older than 18, unless he is a student (students cannot be older than 20 to be eligible.) Your dependents will not qualify as part of your benefits, if you collect Supplemental Security Income payments. If you have any questions about qualifications for dependents, you may wish to contact a social security lawyer.
Q: Does my case continue to be reviewed after benefits have been awarded?
The administration does evaluate your records from time to time. Until you are able to return to work or reach the age of retirement, your file will be subject to Continuing Disability Reviews (CDRs.) The CDR is undergone to update your file with the latest medical records and to determine if your condition has improved significantly. CDRs are described as being done a year after approval, then three years and seven years after. Given current backlogs, your file could be undergoing a CDR at any point. You will maintain your benefits, until your injury has changed or you are able to work enough to bring in at least $940 monthly income. If you receive Supplemental Security Income (SSI) benefits, you would stop receiving payments once your income level exceeds the limit for eligibility. If you are confused about returning to work in some capacity and how that may affect your benefits, it would be wise to contact a social security lawyer.
Are There Retroactive Benefits for Social Security Disability?
Posted by admin on Mar 29, 2009
Q: Does everyone who files a social security disability claim have to do another medical examination?
A: During the review process, some social security disability claims will be required to have a consultative exam before a decision on the case can be rendered. There are usually two reasons for an exam. In some cases, medical records are not very comprehensive and an exam is requested to fill in some informational gaps. The other reason an exam will be required is to provide current medical information regarding the condition of the claimant. Do not panic if a consultative exam has been requested for your case. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you cannot attend the scheduled examination, contact your social security disability examiner and reschedule. The exam is paid for by the Social Security Administration.
Q: Will my doctor conduct a requested consultative examination?
A: The disability manager for your case will typically not request that your physician conduct the CE. A doctor who has not previously treated you will most likely provide the scheduled exam. Speak with the social security disability examiner assigned to your case if you believe you have not been treated fairly by the doctor who provided your CE. If that doctor provided an exam for a previous case of yours that was not approved, for instance, you can request a different physician. The physicians who provide CEs for social security disability claims are not Social Security doctors. The physicians who conduct the exams are independent physicians that have a contract to provide such services to the agency.
Q: Who receives back pay for social security disability?
A: Many social security disability claims are awarded back payments for benefits. The main reason for this is because the review process for claims can take a considerable amount of time. It is possible to receive back pay from the date of application and, if the condition was present prior to application, from up to 12 months before. The 5 month waiting period after the date of onset will not be included in back pay.
Should You Hire a Social Security Attorney?
Posted by admin on Mar 11, 2009
Q: Will hiring a social security attorney help me get approval for social security disability benefits?
A: You do not necessarily need to hire a social security attorney. A fair number of applications submitted for social security disability benefits are not approved. Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Keep in mind that just because you have a social security attorney, that alone does not guarantee that you will win your appeal. It simply helps to assure that your case is properly handled. The experience a social security attorney can bring to your case will be invaluable during a hearing.
Q: When should I apply for social security disability benefits?
A: You should apply for benefits as soon as you become unable to work due to your injury. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. For this reason, you will want to submit your application as early as you can. The process will take even longer, if your case is not initially approved and you wish to appeal. If you have any questions or concerns about the application process, you may want to contact a social security attorney.
Q: What is the difference between SSDI and SSI? Q: Are disability benefits and SSI the same thing?
A: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both benefits through the Social Security Administration offered to individuals who can no longer work due to injury. Individuals are eligible for SSDI, if they have been in the workforce and accrued enough credit to receive benefits. SSI benefits are distributed to those with limited income and assets, regardless of work history.
Disability attorney Rant
Posted by admin on Feb 24, 2009
At last, you have finally reached the age at which it is time for you to begin considering applying for social security retirement benefits; but there are so many different rules and stipulations that it can be somewhat confusing to prospective retirees. However, there is no need to wade through numerous pages to get an understanding of the social security benefits you are entitled to. The following primer will help you decipher basic rules and guidelines for applying. Similar
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Filing a Social Security Disability Claim
Posted by admin on Jan 5, 2009
Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: For most social security disability applicants, the goal is to get the largest payment possible. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
The first step when deciding under whose account to request social security disability is to determine which will provide higher payment. It is best to check with the SSA to determine what those payments might be. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account. In the case that you do choose to claim survivor’s benefits, you will receive your spouse’s full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.
Q: I currently get my benefits from social security disability, but I want to switch to social security retirement.
A: Generally, if you receive social security disability benefits, those benefits will be transferred to retirement benefits upon reaching retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. In truth, the SSA has no rule in place that directs them to deny all first claims. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Nationwide, 70% or so of social security disability claimants are denied on their first application. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Consult the Social Security Administration or a social security disability expert for more information.
Social Security Benefits Concerns
Posted by admin on Dec 29, 2008
Q: I have a business under my name but my spouse runs it. Can I have still apply for social security benefits?
A: As defined by the Social Security Administration, disability is the “inability to engage in any substantial gainful activity.” They determine substantial gainful activity according to the National Average Wage Index, which gives a dollar amount per month. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”
Your business income may affect your social security benefits. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in the same business.
Q: What will happen to my claim if I die while in the process of applying for benefits?
A: According to the Social Security Administration, if a person who may be eligible for social security benefits dies (this includes Supplemental Security Income), their survivors may apply for a Lump Sum Death Payment. This means that, if you were to die in the process of applying for social security benefits, your survivors may make a case for the social security benefits you may have earned after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.
Lump Sum Death Payment of social security benefits is available only to particular surviving family members. As part of the application process, the SSA will request information about the deceased’s Social Security record and application (if they applied for social security benefits). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.
Q: What will happen to my social security benefits, once I am already on them, and I die?
A: When you are receiving social security benefits, and have paid social security taxes, some family members may be eligible to receive survivor’s benefits upon your death. For one’s family to be eligible for survivor’s benefits, up to 10 years of work is needed, depending on one’s age. The following relatives may be eligible for survivors’ social security benefits:
• A spouse, with full benefits when they reach retirement, or some benefits beginning at age 60
• A disabled spouse aged 50 or over
• Unmarried children under 18 (or up to 19 if attending high school)
• Currently disabled children who were disabled at less than 22 years of age
• Dependent parents who are 62 years old or older.
Disability attorney Blog
Posted by admin on Oct 26, 2008
People don’t really know about social security benefits. It seems like it is hard to find straight information on this topic. Also, seems like all the politicians love to stay away from this topic. They seem to be scared of taking on the issue and having an honest discussion
I guess, long ago, the government decided that they needed a program to take care of our citizens. So the social security administration was built and funded. It idea is fairly nobel. Take care of those people in our society that need help. If they don’t have money, for whatever reason, our country will provide social security
So they created this new thing and funded it and made a way to keep track of everything. Of course, everything is great at the beginning of any program. It’s only when the program has become old, the funding didn’t work out as you hoped, that things get difficult. We all know that social security is in a world of pain at this point. Nobody is sure how this story will end.
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