veterans lawyer

Q: Will SSI benefits stop if you start working again?

A: Supplemental Security Income benefits are based on financial need. If you become employed again, your earnings may reduce or discontinue your SSI benefits. If your earnings are equal to or exceed the income threshold set by Social Security, your SSI payments may end. That amount for 2008, for example, was $940 per month before taxes. It is important that you report all your earnings to Social Security. You are responsible for repaying any benefits that were paid that you should not have received due to income. It is important to note, however, that Social Security wants to help you return to work. Purposefully keeping your hours low for the sole purpose of continuing SSI benefits can be considered fraudulent. If you have any reservations about returning to work because of loss of SSI benefits, you may wish to contact a social security lawyer.

Q: Should you be concerned if Social Security prefers to communicate with your social security lawyer instead of you?

A: Once representation is hired, Social Security prefers to handle all transactions regarding your case via your social security lawyer. Do not be worried. The social security lawyer you hired is your advocate and works only on your behalf. If Social Security conducts transactions simultaneously with your social security lawyer and you, it can get confusing. You and your attorney are a team. You should be in frequent contact with your social security lawyer regarding your case. That is why you hired representation.

Q: Can an individual be awarded benefits through the VA and SSDI?

A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. Any veteran who became disabled after September 30, 2001 is entitled to expedite his application for social security disability benefits. Although the accelerated process should happen without any added paperwork, it is wise to make sure your case manager knows you expect it. If you have hired representation, your social security lawyer will know to make sure your case is expedited.

For people who can no longer work because of a disability or who get injured at work, we have a financial provision for them in the U.S. Social Security Disability payments are paid to people because of this financial provision.

The person has to be disabled enough so that they can not work anymore to provide an income for themselves before they are eligible for Social Security Disability. Not only that, but the person must have been fully insured at the time they became disabled. Being fully insured means that you were working for a minimum number of quarters and paying into the Social Security system when you became disabled.
Regular social security benefits are not the same as Social Security Disability benefits and should not be confused. You must have been employed for at least a continuous 12 months before your disability to be eligible too.

People who are deemed disabled and eligible for social security disability will receive monthly payments just like they were getting social security retirement benefits. An Administrative Law judge or a Social Security Administrator are the ones who approve or disapprove social security claims. After the claim is approved the claimant must wait 5 months before payments begin.

Children of people who are eligible for social security benefits can receive benefits also. In certain cases the spouse of someone receiving social security disability benefits can also receive benefits. For instance, if the spouse is over 62 years old they are eligible. Being a spouse of any age and one who is taking care of a child under the age of 16 is another acceptable qualification for the spouse to also receive social security disability benefits. Children who are under the age of 18 and who are still going to high school can also receive social security benefits if their parent is disabled.However, when a child under the age of 22 becomes disabled and was not working, they are still eligible for social security benefits. Someone who gets a divorce and later their ex spouse becomes disabled, is not eligible for social security disability benefits like one who is divorced is eligible for social security retirement benefits.The reason you should speak to a qualified attorney is that there are certain things that you need to be aware of that can disqualify you if you do not fill out the claim forms correctly.

Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?

A: The Social Security Administration does not grant disability benefits for all claims due to seizures. 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. In all cases, strict adherence to medication and treatment must be demonstrated. Your application for benefits will not be approved if there is any evidence that you have not been following the recommended treatments and medications. You will need to provide a copy of your EEG and copies of your medical records. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.

Q: Why does it take so long for my claim to be processed?

A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. For applications that were complete and filed correctly, the average processing time is about 4 months. Most applicants receive a decision notice within 4 months, but it can take less or more time, depending on your specific case. Your application goes through a handful of steps as it is processed by the Social Security Administration. The disability examiner for your case must first request medical records. Waiting for requested medical records is what causes most application delays. The disability examiner will provide a write up summarizing your medical records, then give the file to a medical specialist to review. The medical specialist renders an opinion and hands the file back over to the examiner. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. If your case is denied, you can first apply for reconsideration. 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: Applying for disability with the Social Security Administration can be an arduous process. A fair number of applications for benefits are filed incorrectly or incompletely, which results in significant delays and the need to re apply. By having a social security lawyer on your side, you can confidently dive into the application process. 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.

Q: If you are still not awarded benefits after going through the social security disability hearing process, can you appeal further?

A: You do have a couple courses of action if you want to continue your pursuit to be awarded benefits after being denied during the hearing process. You can submit an appeal to have your case reviewed again or apply and begin at step one all over again. It would be invaluable to have legal representation if you are considering appealing, so contact a social security lawyer before you make any decisions on your own. After your appeal is reviewed by the Appeals Council, you will receive notification that your claim will undergo a second hearing, the decision made by the judge was overturned or that you have been denied an additional review. It is uncommon to find a reversal of the decision made by an administrative judge during a hearing. More frequently, a case will be remanded after it is appealed at this level, which means that it will be heard by another administrative judge. Most claimants are denied after they appeal at this level, though. Many claimants, however, feel it is worth appealing to see if their claim might be remanded and have a chance to be heard a second time. Again, it is recommended that you have a social security lawyer or other representative by your side during an appeal at this level.

Q: Will a social security lawyer coordinate with representatives from Social Security on all official matters pertaining to your claim?

A: A social security lawyer will contact all pertinent representatives at Social Security for anything that has to do with your claim. Social Security will usually contact only your attorney. An attorney will sometimes let representatives speak with their clients for certain situations. If you are contacted by Social Security, it is important to let your attorney know. This just eliminates an opportunity for confusion. You hired a social security lawyer to be your advocate. Keep the lines of communication with your legal representative open at all times.

Q: Does everyone who is awarded disability benefits receive back pay?

A: Some cases will not be granted retroactive benefits. That being said, most cases are awarded back pay. That is simply due to the fact that the review process for disability cases can take so long that some back pay will be due. It is important to note that you are not eligible to collect retroactive payments until you are 5 months past the established onset date of your injury. For a fortunate claimant that is approved for benefits within a couple months, back pay may not even be applicable.

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. But injured or disabled veterans have a right to benefits, and so should look into the process for obtaining them.

Q: How do you know if you could be receiving benefits? Who, exactly, is qualified to receive them?

A: Three main components make up a veteran’s possible eligibility for service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. 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. Third, you have to be able to connect your current disability to your time in the 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. This can be service connected because while you were in the service you had an accident, incident, or illness. 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: 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. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. Because determining a percentage of service connection is quite complex, if you feel that the percentage awarded you is insufficient for your disability, you should speak to a professional about your options.

Q: Why does my neighbor receive 70% for the same disability that I have?

A: This happens because Veteran Affairs determines all service connection percentages individually, based on the severity of a veteran’s disability. Again, there is a rating schedule that determines the amount of benefit and the percentage of service connection that each person receives.

Q: Can I still work and receive VA service connected disability benefits?

A: Yes. 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 obtain benefits from both Social Security Disability and the Dept. of Veteran Affairs? A: Yes, 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. 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. Each situation is different so this is something that you should consult with a professional about.

Q: How do I apply for benefits?

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 employ a lawyer to help me?

A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. Some attorneys will represent you on a Pro Bono basis, meaning they wont charge you, and others will have you sign a Contract with a fee stipulation. 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: The answer to this question will depend 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. 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. These benefits are a homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.

Every veteran’s case is different and obtaining the benefits set aside for you by the VA can be quite confusing to some people. The Dept. of Veteran Affairs website is full of information to help you understand what VA benefits might be available to you, and how to get them. 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.

Q: How long before I am covered for Medicare?

A: If you talk to a social security lawyer, he or she will talk about Medicare for retired persons as 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 waiting period begins at the time you become disabled. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. When you combine the waiting period for Social Security Disability with the waiting period for Medicare, it can be a very long time before you see coverage. 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: The SSA has so much small print and obscure rules that nobody but a social security lawyer could learn them all. 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. But it also can happen due to delays in application, or a “disability onset date” which is adjusted by a judge or other official during the application process. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.

Q: Can I work while I have a claim pending?

A: A social security lawyer will define an SSD eligible disability as one that will prevent you from making a gainful income in your or any other field. Eligibility doesn’t, however, require you not to work at all. If the salary you earn with your work falls below a certain limit (which is set annually but the SSA), you may still be approved for benefits. You may want to speak with a social security lawyer to learn more.