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.
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.
Social Security Benefits: What Are the Limits on Disability Benefits?
Posted by admin on May 17, 2009
Which social security benefits are you eligible for? The eligibility requirements are complex, and determining whether you qualify can be intensely frustrating. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.
Does SSA offer partial disability benefits?
No, Social Security does not offer disability benefits to people with partial or short term disabilities. Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that you may continue working while collecting disability benefits if your highest possible income is beneath a certain level.)
Although I am still working, I cannot work the same hours or skill level that I used to, and my income has dropped as a result. Am I still eligible for social security benefits?
Yes, if your income is lower than a certain SSA determined level, you are eligible to file for disability benefits. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.
However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you are capable of earning a higher income by changing to another job, you will not be approved for disability benefits. The state agency will take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.
According to my doctors, there are no effective treatments for my condition, so why do I have to continue to make office visits?
In the beginning, the state agency that handles your social security benefits will request that you go to doctors several times in order to get a complete evaluation of your medical condition. The doctors you usually go to may not be able to provide enough information; for example, you may need tests or equipment that your doctor does not have. In that case, the state agency may arrange for you to be examined by another doctor.
After you have been ruled eligible for disability benefits, regular examinations will be necessary to track the state of your health. Not all disabilities are permanent; you may improve enough to return to work, even if there is no medical treatment that can speed your improvement along.
What You Should Know About Social Security Benefits
Posted by admin on Feb 5, 2009
Can people that are only partially disabled apply for Social Security Benefits?
Unlike other programs, the Social Security Administration has clearly defined rules governing the granting of Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. People who only have cases of partial disability or short term disability are not eligible for Social security benefits.
My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
Even if you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled. If you have not been seeing a doctor on an ongoing basis Social Security could use this against to you to state that you must not be disabled anymore.
I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for SS benefits?
The Social Security Administration grants Social Security benefits based on a few considerations. The most important condition is the degree of your disability as determined by the Social Security Administration. Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job. You are also classified as disabled if your illness or condition is anticipated to last for a year or if you are expected to die from your condition.
Social Security is designed to work on the principle that members can rely on family members to support them during their illness or that they have other sources of income. These resources may include compensation from your place of employment, insurance programs, and personal savings.
The Social Security Administration has an extensive list of medical conditions that is used to determine if the person is eligible to receive benefits or not. If you are currently suffering from a condition that is not included in the list, the Social Security Administration will determine your eligibility based on the severity of your medical condition.
If you cannot work in the same job that you had before and you cannot work at any other job, you will be able to avail of Social Security benefits.