TODD S. HAMMOND
LAW OFFICE
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TODD S. HAMMOND
LAW OFFICE
Veterans Disability
Frequently Asked Questions
Thank you and Welcome Home
After you have served our country honorably and during the course of your military service you suffered a physical and/or emotional disability that impairs your physical and/or mental health, the Veterans Affairs (VA) may grant some of your benefits eventually.
As you probably have already determined, many Veterans and their families have experienced that the VA is quick to deny their service connected disability claim, and will deny their claim often and arbitrarily causing many Veterans to give up on their whole claim. Do NOT give up!
The VA disability process is not a quick one and Veterans can be the recipient of valuable benefits if the Veteran is vigilant and persistent. It is critical that the Veteran and his family hire an attorney to help navigate the lengthy and complicated VA appeals process.
1. Is it helpful to retain an attorney for my VA service connected claim?
Yes. There are a myriad of types of VA service connected claims including new claims, increased rating claims, total umemployability claims, as well as others. An attorney can help determine which type of claims apply to your individual situation. Additionally, an attorney can help gather critical evidence to prove that your disability is service connected. An attorney can help evaluate whether the rating assigned by the VA is the correct one so that it can be determined whether an appeal is necessary.
2. Who is a Veteran?
A veteran is a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.
3. What does it mean to have a “service connected” disability?
The disability or death was incurred or aggravated during active service in the line of duty. Doesn’t have to occur as a result of combat just need to have occurred in service. Means the same thing as “incurred in the line of duty”.
4. What are VA disability ratings?
Is a monthly compensation designed to offset the degree to which the disability would impair the average civilian to earn a living, and no consideration is given to the Veteran’s earning capacity. The ratings are to be based upon the average impairments of earning capacity resulting from such injuries in civil occupations. Under the system disability ratings are assigned at 10% increments. If a disability increases in severity then the vet should apply for an increase in evaluation of the service connected condition. The ratings schedular can be found in the Code of Federal Regulations at 38 C.F.R. 4.25.
5. How does the Appeal Process work?
There is a four step process at the Regional Office where the Veteran lives. VA determines if the veteran is eligible to receive VA benefits including whether the veteran was discharged on under other than dishonorable conditions. Secondly, VA decides whether the veteran qualifies for disability compensation under the rules. Next VA determines the severity of the disability and assigns a % based on the ratings schedule. 38 C.F.R. pt. 4. Lastly, VA sets the effective date for the award of service connected disability. An attorney is useful since often these claims will require an appeal to the (BVA) Board of Veterans Appeals in Washington DC or even the Court of Appeals for Veterans Claims (CAVC).
6. What if I can’t afford an attorney?
There are no upfront costs and if you don’t have any success in your claim you owe nothing to the attorney. If successful the attorney fee typically amounts to 20% of retroactive or benefits that are past due from the date of application.
7. Can you represent Veterans located anywhere?
Yes. The VA disability program is a national federal program that allows attorneys to represent Veterans located far away from an attorney’s brick and mortar. With email, phones, and other technologies its easy to represent Veterans wherever you may be located.
Social Security Disability
Frequently Asked Questions
1. What is the definition of a disability?
According to the Social Security Administration, an employee is considered disabled only if he meets certain criteria. First, a disabled person must have a severe impairment that has lasted, or will last, for at least twelve months. Second, an employee must be unable to perform his work or the work he has done in the past, for which he earned at least $900.00 per month, in order to be considered disabled. Lastly, a disabled person must also be unable to perform other types of work related to his field of expertise or ability. If a person’s impairment does not prevent him from doing related work, he will not be considered disabled.
How do I apply for Social Security Disability benefits?
Because the application process is different for each person depending on their individual case, it is recommended that you first consult a law firm that specializes in social security disability claims.
The application for social security disability can be completed online at http://www.ssa.gov/pgm/disability.html
Alternatively, you can complete the application at your local social security office location.
3. What do I do if Social Security denies my claim for Social Security Disability benefits?
Thankfully, the Social Security Administration has a series of steps that can be taken to appeal the initial denial of benefits. Because the appeal procedure can be very complex and any errors can significantly delay the approval of your claim, you should first call an attorney to discuss the Social Security Disability appeals process to receive guidance and support during your appeal.
4. What are the different types of Social Security benefits available to me?
A.
In order to qualify for SSD benefits, the injured worker must have been gainfully employed for at least 5 of the previous 10 years. It is also important to keep accurate, up to date medical records in order to prove your injury is preventing you from working your current job or another related job.
Social Security Disability (SSD or SSI)
B.
Supplemental Security Income Benefits (SSI)
Because SSI is a needs-based program, there are no work requirements that must be met in order to receive benefits. Instead, SSI benefits are awarded to disabled individuals based on the amount of their total household assets, including income and other resources.
C. Disabled Widow's or Widower's Benefits
These benefits are paid to individuals who are at least 50 years old and have become disabled within a certain time period following the death of their spouse. The late husband or wife must have also been working long enough to be eligible to receive Social Security benefits, as defined by the Social Security Administration.
D. Disabled Adult Child Benefits
These benefits are awarded to children over the age of 18 with a disability impairment that started before the age of 22. In order to receive these benefits, the child’s parent must be deceased or currently receiving Social Security Disability or Retirement benefits.
5. How much can I collect from Social Security?
The amount you can collect from Social Security Disability (SSD) depends on the total amount you have paid into the Social Security system. Benefits collected from Supplemental Security Income (SSI) will vary depending on the amount of total household assets and income. The more assets and income your household has, the less money you will be eligible to receive. A attorney knowledgeable in SSI can offer you more detailed benefit information after learning more about your individual case.
WINNERS FIND A WAY. NEVER GIVE UP!