“A person who served in the active military, naval or air services, and who was discharged or released under conditions other than dishonorable.” 38 U.S.C. $ 101(2), 38 CFR $ 3.1(d) 2006.
The way it stands now is if a notice of disagreement is submitted before June 20, 2007 then you can hire an attorney after the first final decision by the BVA or Board of Veterans Appeals, if you hire them within one year.
If notice of disagreement is submitted after June 20, 2007 you can hire a lawyer after the filing of that notice of disagreement. You can also hire a lawyer if you have a case in federal court.
If you are found eligible for pension, you may also be entitled to Aid and Attendance or Housebound Benefits. This is for Veterans who are more seriously disabled, and these benefits are in addition to pension.
Aid and Attendance can be granted to a Veteran when he or she is eligible for pension and meets any of the following conditions:
- The Veteran requires the aid of another to perform personal functions of living,
- The Veteran is bedridden,
- The Veteran resides in a nursing home due to mental or physical disability, or
- The Veteran is blind.
Housebound benefits are also paid in addition to monthly pension. Veterans are eligible for these benefits if they qualify for pension and one of the following:
- The Veteran suffers from 100% single permanent disability and is permanently and substantially confined to an immediate area, or
- The Veteran has 100% single permanent disability and another disability evaluated at 60% or more.
If you have a question about Veterans benefits or the application process, contact Jan Dils Attorneys at Law at 877.526.3457 for an expert consultation. We have an experienced team of disability attorneys, and one of our representatives will be happy to answer your questions. If you’d prefer to contact us online, fill out this form and we will respond to you shortly.
To qualify for Veterans Compensation the veteran must have 3 things. First, they must have a current medically diagnosed disability. Second, the veteran has to have had a precipitating disease, injury or event while serving in the military.
Lastly, the current disability must be related to the precipitating disease, injury or event from veterans service time. The hardest part of this test is the third part; this is where most claims are denied.
It is also significant to note that if you have a condition that is service connected and that service connected condition causes another condition to develop then this results in the second condition qualifying for service connection as well. Substandard care at a VA hospital that causes an injury is also considered service connected.
To better understand this concept I will provide an example. Lets say that you presently suffer from PTSD that was diagnosed by your psychiatrist. You suffer this condition as a result of an experience you had while serving in the military and can show this.
Then you would be eligible for veterans compensation and a determination will be made on your percentage of disability. It is of course usually not this easy. It can be very difficult sometimes to show that your present disability is related to an in service condition.
This is especially true when the in service disease, injury or event is hard to prove or is different from the current medical condition but caused the present disability. Many times veterans may not even be aware that their in service condition caused their present condition. (You can not get both Aid and Attendance and House Bound benefits.)
You must have served for at least 90 days and you must have had at least one day in war time. For those who served in military after 9/7/80 you must have served 24 months or longer or full term of which you were called to active duty.
You must have little or no family income the rate at which is set by congress. You also must have been discharged from service under conditions other than dishonorable. You must be totally and permanently disabled or 65 years or older.
If you are found eligible for pension you may also be entitled to aid and attendance or household benefits. This is for veterans who are more seriously disabled and these benefits are in addition to pension.
Aid and Attendance can be granted to a veteran when they are eligible for pension and any of the following. The veteran requires the aid of another to perform personal functions of living. You are bedridden. You are in nursing home due to mental or physical disability. You are blind.
House Bound is also paid in addition to monthly pension. A veteran is eligible for these benefits if they qualify for pension and one of the following. You have 100% single permanent disability and permanently and substantially confined to immediate area. You have 100% single permanent disability and another disability evaluated at 60% or more.
Each year the Social Security Administration will publish the Federal Benefit Rate which is the highest amount payable for SSI recipients. This amount changes year to year based on a cost-of-living adjustment. There are several items that may affect the amount you receive each month such as income in your household or your living arrangements. For a more detailed list of the items that may affect your payment visit www.ssa.gov or contact our firm and one of our staff members will be happy to assist you
The Social Security Administration allows 60 days for an appeal to be filed. The appeal can be filed online by visiting SSA’s website or you can appeal the decision at your local SSA office. It is also acceptable to file an appeal via mail, however; it is imperative that you confirm your appeal was received and we suggest the appeal be mailed certified. Of course, if you are a client of our firm, an appeal will be filed on your behalf.
There are five levels in the disability claims process. Upon filing an application for benefits, you are at the initial level. If you receive a denial you have the right to appeal. The appeal is called a Request for Reconsideration and this is the second level. If you are denied after filing your request you also have the right to appeal again. This will begin the third level, the Request for Hearing with an Administration Law Judge. This is often referred to as the hearing level. It is at this level that your claim will be heard by an Administrative Law Judge (ALJ). If you receive a less than favorable decision from the ALJ, you may choose to file an appeal for a review by the Appeals Council entering the fourth level of the claims process. Lastly, upon a less than favorable Appeals Council decision you may also choose to enter the fifth level by filing an appeal to Federal District Court.
You can apply for both programs but you will not receive payments from both. If you apply for early retirement you will receive retirement benefit payments at a reduced amount. If you are then awarded SSDI, the most significant change you will see is a slight increase in your monthly benefits. Any retroactive SSDI benefits payable will also be offset during any months that you received early retirement benefits. In other words, your retroactive benefits for any month you received early retirement will equal the difference between those benefits and your SSDI benefit amount.
Most of this information comes directly from SSA and can be found on their website.
No. Your benefits will not increase once you reach full retirement age; however, you will see a difference in the title of your benefits. The title of your benefits will change from Social Security Disability Insurance to Social Security Retirement.
You can receive payments from both programs; however, that is dependent on the amount of benefits you receive. If the total of your workers’ compensation, Social Security benefits (including those payable to your dependents) and any other public disability benefits exceed the higher of 80% of your average current earnings prior to your disability or your family’s total Social Security benefit, you will see a reduction in your SSDI benefits.
If you receive Social Security Disability (SSD), there is no limit to the amount of other income you can receive, as long as it is not from work activity. For example, money from dividends or a piece of land that you sell will have no affect your benefits.
You will receive benefits until you reach full retirement age, or until your condition improves to the point where you are able to work on a full time basis for over nine months. Social Security has instituted a number of provisions to encourage individuals to try to return to work without jeopardizing their disability payments. If you worked for a short period of time after the onset of your disability, you may still be entitled to a full period of disability. Keep in mind, the Social Security Administration conducts regular reviews to make certain beneficiaries continue to meet disability requirements.
An individual 18 or older may be eligible to receive SSDI benefits.
If you are awarded benefits and decide to return to work, your earnings may trigger what is called a Trial Work Period (TWP). The amount that triggers the TWP changes year to year but it allows an individual to return to work for a period of time without their current SSDI benefits being affected. The TWP continues until you have accumulated nine months (it does not have to be consecutive) in a rolling 60 month period. Work after the TWP could be indication that you are no longer disabled and will be evaluated by Social Security. If you do return to work, make certain that you report your earnings directly to Social Security and keep in mind that proof that a disabling impairment(s) is still necessary to continue your benefits.
Yes. You can work while you are applying for SSDI benefits; however, the amount of work you are performing and your rate of pay may cause you to be denied. In short, if you are working above the allowable limit (Substantial Gainful Activity) as defined by SSA while you are applying for benefits, you will not be eligible to receive disability. If you are working while you’re applying, make certain that the Social Security Administration is aware of your monthly earnings.
Individuals who receive SSDI benefits are eligible to receive Medicare. Your Medicare benefits will begin 24 months after you are date of entitlement for benefits. Your date of entitlement is the first month in which you are eligible to receive a cash benefit.
You should apply for SSDI benefits as soon as you become disabled.
In addition to having a medically determinable impairment that keeps you from engaging in substantial gainful activity for a minimum of 12 months or result in death, you must have also worked long enough paying Social Security taxes. Paying taxes allows you to build “work credits”. Depending on your age, you must have a certain amount of work credits in order to be eligible for SSDI.
You can find this information by visiting www.ssa.gov
Eligibility for the Social Security Disability Insurance program is based on your work history. When you work and pay taxes you are building “work credits”. Depending on your age, you must have a certain amount of work credits to be considered “insured”. Much like private medical insurance, once you stop paying a premium (taxes in this case) your insured status will eventually end. For SSDI purposes, the last date in which you are insured under the SSDI program is referred to as your Date Last Insured (DLI). In order to receive benefits from SSDI program, you must meet the disability requirements prior to your DLI. Your DLI will be one of four dates, March 31st, June 30th, September 30th or December 31st. These dates fall on the last day of each quarter.
There is no set amount on how much you will receive if you are eligible for both programs. Your monthly benefits for SSDI are dependent upon your earnings history and your SSI benefits will be offset by your SSDI benefits and any other income. The amount varies for each individual; however, if you are awarded both SSI and SSDI benefits you will receive notifications detailing your monthly benefit amounts.
Yes. The main difference between these two disability programs is the eligibility requirements. In short, in order to receive SSDI you must have worked long enough and paid taxes to be “insured”. Depending on how long it has been since you last worked the date in which you were last insured may be in the past. If so, you must meet the requirements to be found disabled prior to this date, which is referred to as your Date Last Insured (DLI). The SSI program does not have a DLI, therefore; if you are found disabled after your DLI but are eligible for the SSI program you would receive monthly benefits from SSI but not SSDI. For more information on DLIs, see “What is my Date Last Insured?”
You can receive SSI benefits while working, however; your income will affect your monthly benefit amount. Also, any work performed while receiving any type of disability benefit will be evaluated by Social Security and could affect whether or not you meet the definition of disability in order to receive ongoing benefits.
There is not an age requirement to receive SSI. However; at age 65 you may receive benefits without a disability as long as you meet the financial requirements.
Supplemental Security Income recipients are eligible to receive Medicaid.
You may apply for benefits online at www.ssa.gov, in person at your local Social Security office or you may contact our firm and one of our staff members will be happy to assist you.
You should apply for Supplemental Security Income (SSI) benefits as soon as you become disabled.
In order to receive SSI you must be found disabled in accordance to Social Security regulations and have limited income and resources. (SSI).
In most cases, yes. Social Security will schedule a Consultative Examination to assess your physical and/or mental impairment(s). The examination will be paid for by Social Security and it is very important that you attend all appointments.
Yes. As a beneficiary of SSI and SSDI you will be entitled to both Medicaid and Medicare.
As a general rule of thumb, you should arrive at the Social Security hearings office a half hour prior to the time of your hearing. We will meet you in the waiting room and most often, if you have any questions we will have a few minutes to go over your case with you prior to going into the hearing room. Social Security hearings are rather informal proceedings. At the start of your hearing you will be asked to take an oath. Next, most judges will start with an explanation about procedural matters of the hearing. The hearing will then proceed most often with an opening statement from your representative and then the Judge and/or your representative will ask you questions. Others present at the hearing will include but are not limited to a hearing reporter, a vocational expert and in some cases medical experts. The hearing will conclude once all questioning and expert statements are complete. Typically, the Judge will not announce what his/her decision is at the hearing. You will be notified via mail of the decision
There are no upfront costs for representation. If the outcome of your claim is favorable, Jan Dils office is entitled to 25% of any retroactive benefits awarded to you, up to $7,200. However, if your claim continues passed the administrative level to the Appeals Council and Federal District Court, a higher amount may be paid in representative fees. Also, any expenses for reports requested from medical providers or other establishments paid for by the firm will be passed to you as a client.
The most essential piece of evidence in a Social Security disability claim is consistent medical treatment. Treating regularly with your doctor(s) and fully expressing all symptoms you are experiencing is the best way to strengthen your case. It may also be beneficial for your doctor(s) to complete a medical assessment and/or write an opinion letter regarding the severity of your medical conditions.
Disability is defined as the inability to engage in substantial gainful activity due to a medically determinable impairment that has lasted or is expected to last a minimum of 12 months or result in death.
Given the importance of your Social Security card, laminating it to protect it from tearing may seem like a good idea. But doing so prevents the detection of many security features. However, you can cover the card with plastic or other materials that can be removed.
To replace a child’s Social Security card, you’ll first need to gather documents proving your child’s identity, their U.S. citizenship if it has not yet been established with Social Security, or their immigration status if the child is not a citizen.
Next, you’ll gather documents proving your own identity and the child’s custody status, as well as your relationship with the child.
Finally, you’ll be asked to complete an application for a card. Everything should be taken or mailed to your local Social Security office.
If you’ve requested a new or replacement card or changed your name and applied for an updated one, you may be wondering when you should expect your new card to arrive. Social Security mails the cards as soon as all necessary documentation is received. Generally, you should receive your card within 10-14 business days of the date when your application is processed.
If your card is lost or stolen, you may be able to request a new one online here. There is no charge for this service. To use the online portal, you must:
- Be a U.S. citizen age 18 or above with a U.S. mailing address
- Not be requesting a name change or any other change to your card
- Have a driver’s license or state-issued identification card from a participating state. If your state doesn’t yet participate, keep checking back as new states are being added frequently.
If you’re unable to apply online, fill out and print the application form for a new card, then take or mail it to your local Social Security office. You will also be asked to present the appropriate documents.
If you change your name legally due to marriage, divorce, or any other reason, you must let Social Security know so you can be issued a new card. You can’t apply for a card online, but the good news is there’s no charge for a new one. When you apply, you will need proof of identity, and you may also need to be able to demonstrate your U.S. citizenship or lawful noncitizen status. Learn more about the documents you’ll need to bring here.
Most often, the other driver’s insurance will agree to pay what your attorney believes. Also, you will be able to settle without going to court. But, they need a formal trial in some cases.
Pain and suffering
It depends on the state in which the accident occurred. In some states, not wearing a seatbelt may make you ineligible to receive damages. Or may mean you’ll receive less.
In West Virginia, If it’s demonstrated that your failure to wear a seatbelt is relatable to your injuries. A reduction in damages is possible.
Of course, you want to be honest about what happened. But accidents are stressful, and emotions may be running high, so it can be difficult to discern exactly what took place. There can be an issue with your vehicle or the distraction of other drivers. Don’t accept blame right away. If you choose to hire an attorney, they can help investigate and get to the bottom of what happened.
If you were the victim in a car accident, it’s true that the other person’s car insurance may cover damages to your vehicle. But they may not pay you the amount you’re entitled to.
If you’ve suffered injuries, you may be eligible for compensation not covered by medical insurance. An attorney can help you navigate these questions, so you receive the compensation you deserve. Of course, there are many cases where insurance companies settle every issue. If you have any questions, it can be helpful to discuss the matter with a legal professional.
Yes. We are conducting hearings by telephone in certain cases. If you are scheduled for a hearing, your attorney will be in contact with you to discuss your options to proceed or request a continuance if you do not wish to proceed with a telephone hearing.
The Department of the Treasury announced on April 1st that Social Security retirement, disability and survivors’ beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an economic impact payment. The IRS will use SSA-1099 information they already have to automatically generate $1,200 economic impact payments to eligible Social Security beneficiaries who did not file tax returns in 2018 or 2019.
Treasury, not Social Security, will make automatic payments to Social Security beneficiaries. Beneficiaries will receive these payments by direct deposit or by paper check, just as they would normally receive their Social Security benefits.
For updates from the IRS, visit Coronavirus Tax Relief.
Unfortunately, there are scammers who will take advantage of the current situation and try to trick you out of your money and personal information. Don’t be fooled!
If you receive calls, emails or other communications claiming to be from the U.S. Treasury Department, the Internal Revenue Service, the Social Security Administration, or another government agency offering COVID-19 related grants or economic impact payments in exchange for personal financial information, or an advance fee, or charge of any kind, including the purchase of gift cards, please do not respond. These are scams. Visit Treasury’s website if you suspect economic impact payment fraud. Report Social Security scams about COVID-19.
Below are some of the scams we know about, but there can be many variations:
The Inspector General of Social Security, Gail S. Ennis, is warning the public about fraudulent letters threatening suspension of Social Security benefits due to COVID-19-related office closures. The SSA will not suspend or discontinue benefits because their offices are closed to the public for in-person service. Read this and other fraud advisories.
The U.S. Department of Health and Human Services (HHS) Office of Inspector General is alerting the public about fraud schemes related to COVID-19. For example, scammers are offering COVID-19 tests to Medicare beneficiaries in exchange for personal details, including Medicare information. However, the services are unapproved and illegitimate. Learn about this and other COVID-19 fraud from HHS.
Yes. You will continue to receive your monthly benefit amount if you use Direct Deposit.