Disability attorney

Q: How long will I have to wait to receive Medicare coverage?

A: A social security lawyer will tell you that, if you’re retired, Medicare is 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. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. 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 is a two year waiting period that starts when your disability begins. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. 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: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. What should I do?

A: Social Security Disability eligibility is a complex system (which is why it’s a good idea to work with a social security lawyer). 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 10 year rolling period should end when the SSA deems your disability to have started.

Sadly, though, the rules that go into determining how many credits you have and need for the last ten years of work makes meeting your credit requirements rather difficult. 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. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.

Q: If I have an SSD claim pending, can I still work?

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.

Do you qualify for social security benefits? Picking through the convoluted regulations can be deeply frustrating, and when you are done, you may have no better idea than before whether you qualify for benefits. 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. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (Note that people who qualify for disability benefits may collect benefits while working as long as their maximum possible income is lower than a SSA determined income cap.)

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. Is it still possible for me to file for social security benefits?

Yes, you can file for disability benefits if you are making less than a certain amount per month, averaged over a full year. 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?

When you first file for social security benefits, the state agency that manages your case will need a complete evaluation of your health, a process that may require repeated doctors’ visits. 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.

Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.

For those that serve their country, the Department of Veteran Affairs provides a wide range of disability benefits. But not all VA benefits are created equal– the benefits you receive for your disability claim will vary from person to person. 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.

The Requirements for Non-service-Connected Benefits

Veterans who suffer from complete and permanent disability are eligible for non-service-connected benefits. Qualifiying for non-service-connected benefits can also be dependant on a few other issues:

• Income- Eligibility is based on a veteran having both a limited income and a net worth that does not provide sufficient maintenance. For more information please see 38 U.S.C.S. §§1521-22.

• Service - To reach eligibility for a non-service-connected pension, a veteran must have one day or more of active duty in a “period of war”, with at least 90 days total active duty. However, for a veteran who entered military service after 1980, the service requirement is simply to have completed a full period of active duty. Specifically, an individual who enlisted for the first time on or after September 8, 1980, is required to complete a minimum period of service, either twenty-four months of continuous active duty or the full period for which the veteran was called 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 qualify for VA benefits, you must have been discharged from military duty 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. Instead, you need to be able to prove the source and current status of your disability with:

• 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.

• Evidence of the occurrence of disability or injury- Veterans applying for service-connected benefits must next provide evidence that their current disability was either incurred during or worsened by military service. It’s important to know, however, that “in-service” is a broad term, and can include injury incurred even during leave.

• Support of the connection between the current disability and the service-connected injury- This requires that applicants give evidence of a connection between the injury incurred in service and the current disability.

What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social Security benefits?
All disability cases are subjected to regular reviews by the Social Security Administration. The time period between reviews are slightly different depending on the member’s medical condition. If the member’s condition is expected to improve, he or she will be up for review in 6 to 30 months. If there is a chance that the condition will improve, a review will be done in 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.

When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the member’s continued eligibility for Social Security benefits. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. A medical examiner will then determine the present state of the member’s medical condition. If it is determined that the member is able to return to work, the Social Security benefits will stop.

If you feel that you are still disabled at this point, you may appeal the decision with the Social Security Administration office. A hearing will then be done, in which your case will be subject to a reconsideration. If the decision to discontinue your Social security benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.

Will SSA pay me to care for my disabled spouse?
While there is currently no provision in the SSA that will directly pay you to care for your disabled spouse, you may be eligible to receive certain benefits once your spouse receives Social Security benefits. These benefits are given monthly and can be equal to 50 percent of the disabled spouse’s benefits. It is important to note however that the SSA imposes a limit to the amount of social security benefits that a family can receive.

The VA found me disabled. Won’t SSA come to the same conclusion?
One of the main differences between the SSA system and the VA system is that the SSA does not place percentage levels on disability. Therefore, while you may be eligible for benefits under the VA system even if you are only partially disabled, there is still a chance that you may be turned down by the SSA.

There are many veterans in our country that have no idea that they could be receiving 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 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. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Secondly, you must currently suffer from a disability which began during your years of service, or began before hand and was worsened by doing service. There is a wide range of these sorts of disabilities, to some types of cancer, to breathing problems, to other disabilities that originated from or were affected by your service. 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. 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. Secondly, now that problem is causing pain as well as other problems which you have to be treated for.

Q: Why should I obtain VA service connected disability benefits, how will it 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 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: Can I still work and receive VA service connected disability benefits?

A: Yes, you can. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. 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: Yes. While Social Security Disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.

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: Veteran Affairs has laws to follow called “Veteran Friendly Laws.” The VA has the duty to help you file a claim and walk you through the process of obtaining benefits. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. To locate your local Veteran Affairs Regional Office and any local Veteran Service Organizations, visit the Veteran Affairs website at www.va.gov.

Q: Can I hire an attorney?

A: Veteran Affairs has some laws that help a lawyer to know when he or she can represent you for a fee, and when he or she cannot. 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. You should contact a local attorney’s office for more information and specifics regarding your claim.

Q: I already get benefits for a service connected ability. Is there any other benefit I can receive?

A: The answer to this question will depend on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. The VA also has benefits for those veterans that are unemployable 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 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. These benefits are a 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 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. After all, you served your country in the past, and may very well be entitled to receive benefits for it today.

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