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.
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.
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.
Social security disability For You
Posted by admin on Apr 23, 2009
Social security benefits are a bit of a mystery to most people. It seems like it is hard to find straight information on this topic. You certainly won’t get straight information from politicians on social security. That’s probably because they know just how complicated it is and how many people it will impact. www. HillAndPonton. com
The basic deal is that the government, way back when, decided that they needed to have benefits for people that were publicly funded. So the social security administration was built and funded. If you really think about it for a long time, it’s a great idea. How grand is a society that can take care of all their people when they need it. 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. When the money runs out of the system and the demographics shift drammatically, it’s a different story. We all know that social security is in a world of pain at this point. The only thing that is clear is that noone yet knows how to solve the social security problem. 
Keyword List: Tampa social security lawyer, Social security attorney florida.