Qualifying for Service-Connected and Non-service-Connected Veteran Benefits
Posted by admin on Sep 10, 2009
For those that serve their country, the Department of Veteran Affairs provides a wide range of disability benefits. But each veteran receives different types of benefits– and not all of these benefits are equally valuable. The Department of Veteran Affairs has 8 “priority groups” which they use to decide which types of benefits a veteran will receive; “1″ is the highest and “8″ (which as of 2003 is no longer assigned to new veterans) is the lowest. Your priority group depends entirely on your disability and how it first occurred (service-connected or non-service-connected), your financial situation, and your current level of disability.
Since whether or not a disability is service-connected or non-service-connected can have a great effect on the benefits you will receive, it’s important to have a good understanding of the specific requirements for each of these two types of benefits.
Non-service-Connected Benefits Requirements
A veteran who suffers from a total and permanent disability qualifies for non-Service-connected benefits. Eligibility for non-service-connected benefits also depends on several other factors:
• Income- Being eligible for non-service-connected benefits is based on the recipient having limited earnings and a net worth too low to provide the veteran with adequate maintenance. For more information please see 38 U.S.C.S. §§1521-22.
• Service - To be eligible for non-service-connected pensions, you must have 90 days of active duty and at least one day in a “period of war.” For those enrolled in the military after 1980, however, the requirement is simply a full period of active duty. Specifically, a veteran who was enrolled for the fist time after (or on) Sept. 8, 1980 will need to have completed a minimum service period, which should amount to either twenty-four continuous months of active duty or the entire period that individual was called for to active duty. In addition, the active service of the eligible veteran needs to include 90 total days during a period of war or one day of service during a period of war which ended in discharge due to a service-connected disability.
• Discharge- To be eligible for benefits from the Department of Veteran Affairs, your discharge from the military needs to have been under non-dishonorable circumstances.
The Requirements for Service Connected Benefits
Eligibility for service-connected benefits, differently from non-service-connected benefits, is not dependant on a veteran having done wartime service or meeting a net worth or income level. Rather, you will be required to prove the source and current condition of your disability using:
• Evidence of current disability- Because benefits for a service-connected disability are awarded only to those with a current disability, an applicant for these benefits must provide recent medical records diagnosing the current state of their disability.
• Substantiation of the disability or injury’s occurrance The next thing applicants for service-connected benefits must provide is proof that the disability occurred during or was aggravated by military service. It’s important to know, however, that “in-service” is a broad term, and can include injury incurred even during leave.
• Evidence of connection between past injury and current disability- This requires that applicants give evidence of a connection between the injury incurred in service and the current disability.
Nine Important Questions about Veterans Benefits
Posted by admin on Sep 2, 2009
Many American veterans are unaware of the fact that they might be eligible to receive benefits. While some feel like leaving the past behind them, so to speak, others do not even realize that there may be reason for them to receive benefits. Plus, the laborious, seemingly endless application process can seem too daunting even to give it a try. 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 is qualified to receive benefits?
A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. The first is that you must have done service with either the Army, the Navy, the Marines, the Air Force, or the US Coast Guard. Second, you must have a current disability, either caused by your time in the service or a disability that you had going into the service and it was aggravated or made worse by your time in the service. This could be anything from High Blood Pressure to certain types of cancers as well as many other disabilities depending on when and where you served. Lastly, you need to show evidence that your current disability is connected to your military service.
An example is, if you were on leave from active duty and vacationing with your family and while skiing you fell and broke your leg or injured your knee. 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. And in addition to the surgery, the incident has caused other problems that you need taken care of.
Q: But how will receiving benefits from Veteran Affairs really help me?
A: Like this: if you do obtain benefits, you can receive monthly monetary benefits, as well as eligibility to use the VA hospital and medical facilities. The amount of your monthly benefit will depend on your percentage of service connection granted.
Q: If I am eligible for service connected benefits, and have 10% hearing loss and 30% PTSD, why are my disabilities considered only 30% connected to my military service?
A: The VA has a rating schedule that they use to determine what percentage is to be granted for each disability depending on the severity of the disability. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. 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: Why does my neighbor receive 70% for the same disability that I have?
A: This is due to the fact that the VA rates everyone separately depending on the severity of their disability. Again, there is a rating schedule that determines the amount of benefit and the percentage of service connection that each person 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 obtain benefits for a service connected disability, but are still able to work, then you are entitled to keep working and receiving benefits. Your disability benefits are not reduced or annulled if you are earning an income.
Q: Can I receive Social Security Disability benefits and VA service connected disability benefits? A: You can. Social Security Disability does look at earned income but VA service connected disability benefits are not earned income so these benefits do not interfere with one another.
Q: My husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Can I receive their benefits?
A: There are benefits for surviving spouses and dependent children. 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. It is the responsibility of Veteran Affairs to help you apply and file a disability claim, as well as take you through the benefits application process. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at www.va.gov.
Q: Can I hire an attorney?
A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. 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 already get benefits for a service connected ability. Is there any other benefit I can receive?
A: This depends on your situation. If you have a service connected disability and it has gotten worse, you can request for an increase in your rating which would result in higher benefits if a higher rating is granted. The VA also has benefits for those veterans that are unemployable due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA. If you feel you are unemployable and should be receiving higher benefits you should contact a VSO or an Attorney to answer your questions and possibly assist you in obtaining these benefits. Veteran Affairs also provides additional benefits to those veterans who, due to their service connected disability, are mostly homebound and cannot care for themselves. This type of extra benefit is called homebound compensation. If you need assistance in caring for yourself but are having trouble paying for the care you should look into this option.
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, as a veteran, you were injured in any way during service, or saw your previous disability or injury exacerbated by your service, it is very important to look into your benefits options. After all, you served your country in the past, and may very well be entitled to receive benefits for it today.
Do You Apply Again, If Your Social Security Disability Claim Is Denied?
Posted by admin on Aug 29, 2009
Q: If your social security disability claim was denied, should you just apply again?
A: A claimant should not submit another social security disability application after he does not initially receive approval for benefits. Submitting a new claim is one of the most common mistakes made. The appropriate next step is to file an appeal. Having your case reconsidered will be your first step in the appeals process. A claimant must file the appeal to have his case reconsidered within 60 days of receiving notification that his initial claim was not approved. If your case is not approved after reconsideration, you then file to have it heard before an administrative judge. Having your case heard before an administrative judge offers one last chance to plead your case and allows the judge to comprehensively review your file and all supporting items. If you simply keep filing a new claim that goes through the initial review process, your case never gets to be heard by a judge. By choosing to apply again and start the process over, a claimant unnecessarily waits through the initial review process to likely not receive approval again. You are at square one again. Appealing gives your case the best chance of approval.
Q: Can not taking prescriptions recommended by your physician weaken your social security disability claim?
A: Yes, you can hurt your chances of being awarded social security disability benefits if you do not take prescribed medication. A disability examiner or judge may view your refusal to take medication as evidence that you do not need the medication because your condition does not hamper your ability to function or work. More importantly, it is difficult to determine the severity of your particularly case if you are not following prescribed treatments. It is vital that you follow the treatments prescribed by your doctor in order for a fair judgment to be made regarding your social security disability claim.
Q: Is there a certain amount of time you need to wait to submit a social security disability benefits application?
A: A decision may be rendered on some disability cases after only a couple months, while other may take years. Because of the length of time it can take to process a claim, you should apply the day you know you are eligible. Do not wait. Contact Social Security as soon as possible to minimize wait time. Do not delay seeking a social security lawyer, if you wish to have legal counsel during the process.
Seek Counsel from Social Security Lawyer
Posted by admin on Aug 27, 2009
Filing for Social Security Disability benefits can be a daunting process Educating yourself about the process is wise, regardless if you plan to hire a social security lawyer or do it yourself. The following are frequently asked questions about applying for Social Security Disability benefits.
Q: Am I eligible to receive Social Security disability benefits, if I currently receive workers compensation benefits?
A: Yes, you can apply for Social Security Disability, even though you are on workers compensation. You are entitled to collect benefits from both, but cannot exceed 80 percent of your estimated annual income average. The average income of every applicant is different. Because of that, some applicants are eligible to receive only partial Social Security disability benefits, while others may be eligible for full benefits. Your Social Security allotment will be decreased to meet that 80 percent limit, if the combined total of your workers compensation and social security benefits are more than your income average limit. For example, if before you were injured, your average monthly income was $5000, your 80 percent cap would be $4000 per month. If you are currently receiving $2500 per month in workers compensation, and are eligible for $2500 in Social Security benefits, you would be exceeding your 80 percent limit by $1000. Your Social Security benefits would be reduced to $1500 to meet your cap of $4000.
If there are any changes to the amount of workers compensation benefits you receive or if you receive them as one large payment per year, please contact the Social Security Administration or get help from a social security lawyer. Any changes to your workers compensation can affect your social security benefits.
Q: Will my assets affect my receiving SS benefits?
A: Your assets should not affect your Social Security Disability benefits. Disability benefits are contingent upon what you put into Social Security when you were working and the duration of your tenure in the workforce. You earned the benefits through prior contributions. Your assets, therefore, should not affect your benefits. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits. SSI benefits are awarded based on need, so any income and assets you have must be considered.
If you are unsure how to report your assets or confused about whether you qualify for SSD or SSI benefits, contact a Social Security claims representative or seek advice from a social security lawyer.
Q: SS wants me to see one of their doctors. Do I have to?
A: Not in all cases. The disability examiner for your case may not feel he has enough background on your case and wishes for you to undergo a consultative exam (CE.) Perhaps the examiner needs a more recent exam than what was provided in your medical history. The medical specialist that provides the CE will be able to provide an updated profile of your condition. The CE will be looked at in concert with your other medical records. And you will not have to pay for the requested examination. If you believe you and your medical practitioners have provided the most current and thorough information about your case and you do not wish to undergo a CE, contact your Social Security representative. If you feel like you have been unfairly subjected to multiple examinations, contacting a social security lawyer might provide some insight into how and why certain examinations may or may not be needed.
When Will a Decision Be Made on a Social Security Benefits Claim?
Posted by admin on Aug 26, 2009
Q: Who qualifies for social security benefits through the disability insurance program?
A: To qualify for social security benefits, your condition must prevent you from working for at least a year. The condition can be mental or physical in nature. To be awarded social security benefits, you must also meet income criteria. That limit right now is anything below $940 monthly pre tax. In addition, you must show that it is not possible for you to perform other types of work. To determine “other work” eligibility, Social Security considers your education, age and the type of employment you had prior to your injury.
Q: How long can you collect social security benefits through the disability program?
A: Your social security benefits will continue until one of the following events occurs. If your condition improves to the point that it allows you to return to work, your social security benefits will be discontinued. Some people decide they would rather not depend on social security benefits and take on regular employment in a different type of work. Benefits would no longer continue in that case. If you become old enough to retire, your social security benefits would also stop. You would receive retirement payments, in lieu of disability payments. Social Security does conduct periodic reviews of all cases. It is expected that you inform your case manager, should your injury improve or if you return to work.
Q: After I apply for social security benefits, how long does it take to be notified of a decision?
A: The standard estimate for a decision to be made regarding a social security benefits application is just under 4 months. That being said, it is very difficult to predict how long your particular case will take. A decision on an application for social security benefits can be made in 30 days. Other cases can take up to two years. By assuring that you have submitted thorough details and the necessary forms in a timely manner, you can increase the likelihood that your social security benefits claim will not hit any snags. Most cases get hung up because the claims representative is waiting for current and complete medical information. A lawyer who specializes in social security benefits can be invaluable, if you have any concerns about the length of time your claim is taking.
Making A Case For A Social Security Lawyer
Posted by admin on Aug 5, 2009
If you are currently suffering from a disability, a disease, or any type of medical condition that prevents you from working, you are possibly eligible for Social Security Disability benefits or SSD. The main purpose of the SSD is to provide individuals that are deemed by the government to be disabled to receive a certain amount of money every month. In order to be eligible for these benefits, you should have a medical condition that has prevented or will prevent you from working for twelve months or more, or have a condition that will possibly result in your death.
Keep in mind however, that various factors will be considered in your application for Social Security Disability benefits, among them your age, your educational attainment, your work experience, how you comply with treatment, your daily activities, and the type of treatment that you will undergo. Even if you conform to all of these requirements, there is still a chance that you will not be granted Social Security Disability benefits, which is why you may want to consider hiring the services of a social security lawyer.
A social security lawyer can be a great help to you in compiling the information that you will need in order to make your case for a disability claim. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. With a social security lawyer, this process can be speeded up considerably.
When you do hire a social security lawyer, it is important to treat your claim as the serious case that it is, and to follow his or her advice to the best of your ability. If you do not follow your doctor’s instructions with regard to your treatment for example, you will just make the job of your social security lawyer that much harder. This in turn will make you more likely to be denied the benefits that you are seeking.
It is important to consider your social security lawyer as your most effective ally in your quest to receive Social Security Disability benefits. Helping him or her out to the best of your abilities will greatly benefit you in the end.
Your Family’s Social Security Questions, Answered
Posted by admin on Jul 29, 2009
The Social Security Administration provides more benefits to children than to any other group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits.
Children can receive benefits if they are:
• Single,
• Less than 18 years old,
• Or are between 18 and 19 years of age, but still a full time student in elementary or secondary school,
• Or, over the age of 18 and disabled before the age of 22.
Q: But, will my children receive social security benefits even if they do not live with me?
If your children do not live with you, their ability to obtain benefits will depend on the specific relationship you share with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:
• The child is your legitimate, natural child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If you have a recognized, illegitimate child who does not reside in your home, and for whom a judge has not made an official determination of support, you can give evidence of that child’s financial dependence upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Records that you made periodic payments for the child
• Additional related proofs
In the case of a stepchild, however, the child is considered financially dependent on you (and therefore eligible for benefits) only if he or she lives with you in a parent child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. Even after divorcing your step child’s natural parent (that is, your husband or wife) or after his or her death, the child will be considered financially dependent upon you and therefore eligible for benefits as long as he or she resides in your home and shares with you a child parent relationship.
In any of the above cases, you can provide proof of your relationship to your child. If you choose, you can also provide proof that you do not live with or contribute financially to the support of your child. If you do this, you child will not be entitled to social security benefits under your account.
Talking to Your Social Security Lawyer about Medicare and SSD
Posted by admin on Jul 1, 2009
Q: How long before I am covered for Medicare?
A: A social security lawyer will tell you that, if you’re retired, Medicare is fairly simple. If you are 65 years old or older, and worked for at least ten years in a Medicare covered job, you will generally be eligible for Medicare even if you’re working. If you are under 65 and suffering from a disability, you may also be eligible for Medicare. But for these applicants, it may be a good idea to speak to a social security lawyer or advocate about several complications involved with receiving coverage for a disability.
If you don’t talk to a social security lawyer or advocate when your disability first presents itself, you may not know that you will have to wait 24 months for Medicare coverage. This is a two year waiting period that starts when your disability begins. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. It’s generally a good idea to speak with a social security lawyer at the beginning of the process to gauge how long your wait may be.
Q: The SSA says I am short one credit to apply for disability insurance. What, exactly, do they mean?
A: Social Security Disability eligibility is a complex system (which is why it’s a good idea to work with a social security lawyer). In order to qualify as “insured” under SSD, most adults need to have earned 20 credits during the last ten years (counting towards your total number of working credits). This is a rolling ten year period that is supposed to end on the day that your disability is judged to have begun.
Unfortunately, due to the combination of rules requiring a certain number of credits for people of a certain age, and a certain number of those credits earned in the last 10 years, not meeting the credit requirements is easy. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.
Q: If I have an SSD claim pending, can I still work?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. This doesn’t necessarily mean, though, that you cannot work at all. If the amount you earn falls below the income limit for “substantial gainful activity,” it may not affect your claim. You may want to speak with a social security lawyer to learn more.
Is It Possible to Expedite a Social Security Disability Hearing?
Posted by admin on Jun 19, 2009
Q: Are there any set time limits within which a decision on a social security disability claim has to be made?
A: An initial decision on a social security disability claim does not have to be made in accordance with a set timeline. The average time it takes most cases to be initially reviewed, however, is about 90 days. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. If you miss deadlines for social security disability appeals, it can affect your claim. In some cases, you may have to start at step one all over again. If your case was not approved after the initial review process and you plan to appeal, you must file it within 60 days of the date of your denial. And simply putting it in the mailbox on the 60th day will not cut it. Social Security needs to have the appeal on record by that 60 day limit. The administration does grant you an additional 5 days to get the appeal submitted to give you some lee weigh for mailing time. You should not, however, put your case at risk by cutting a deadline too close. The best course of action is to submit that appeal as soon as you receive notification that your claim was not approved for benefits.
Q: Is it possible to speed up the date for your social security disability case hearing?
A: Trying to have your case heard before an administrative judge more quickly can be challenging. That being said, there some steps you can take to improve your chances. If your financial circumstances are putting you in a difficult situation and you are in jeopardy of losing your home or medical care, you can send a letter of dire need to the office handling your hearing. Be certain to include proof of your financial situation with the letter you send. Things like copies of late notices and eviction letters will support your plea. The hearing office will then decide if your claim should be accelerated. You could also request an OTR review to speed up your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge. The medical evidence must be undeniable for a claim to be approved after an on the record review. The last option to try to have your social security disability case expedited is to contact your Senator or Congressman. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.
Q: Are there witnesses for a social security disability hearing?
A: Judges base their decisions on medical records and information. Witnesses are allowed during the hearing, but it is up to the judge for your case to decide if the testimonies of witnesses will be used. A judge may call vocational and medical witnesses to help provide thorough background for your particular case.
Will Hiring a Social Security Lawyer Speed Up My Claim?
Posted by admin on Jun 11, 2009
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. For approval, major motor seizures must occur at least once a month during the daytime. Minor motor seizures must occur once a week or more. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. If records indicate that you have not been taking prescribed medication, you will be denied benefits. The disability examiner in charge of your case will need to obtain copies of your medical records and an EEG. If you are having difficulty understanding what information is needed for your application or if your condition will qualify, contact a social security lawyer or a representative in the Social Security office.
Q: Why is the application process for claims so long?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. Most applicants receive a decision notice within 4 months, but it can take less or more time, depending on your specific case. There are many steps to processing your application. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. The factor that influences the delay in the majority of cases is waiting for medical records. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The medical specialist renders an opinion and hands the file back over to the examiner. A decision about your case is made and you will then receive a letter informing you that your case has been denied or approved. You may choose to submit your file for reconsideration, if you were not approved initially. Your application will then be assigned to a new disability examiner and your file will undergo the review process with another specialist. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. Your case may eventually appear in an administrative court.
Q: Can I speed up the process by hiring a lawyer?
A: The process of applying for Social Security disability benefits can be overwhelming and confusing. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. You know you will submit an application in the appropriate way that has all the correct information. This will help your application be processed more quickly. About 70 percent of applications filed are denied. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. Most everyone advises the counsel of a social security lawyer, if you plan to appeal your case.