What Qualifies A Veteran To File A Va Disability Claim
Before you take the time to gather paperwork and complete the VA application, it is important that you ensure you meet the eligibility requirements. There are four criteria you need to meet in order to file a successful disability claim:
The severity of your condition will determine the percentage of your disability rating. You can also find out what to expect beforehand with our VA Disability Calculator.
Myth: Im Already Receiving Military Retirement Pay Va Disability Compensation Will Only Reduce My Retirement Pay
This is another statement based on a partial truth, then slightly twisted. Retirees with a VA disability rating of 40% or lower will have their military retirement pay reduced by the amount of disability compensation they receive from the VA. However, VA disability compensation is tax-free. So the net gain works in the veterans favor.
Retirees with a VA disability rating of 50% or higher are eligible to receive Concurrent Retirement and Disability Payments . CRDP awards veterans their full military retirement pay along with their full disability compensation payment.
Military retirees with a disability rating may affect their pay in other ways. The following article will give you more information regarding how VA disability compensation affects military retirement pay.
How To Apply For Ssdi In Virginia
You can file a disability claim in one of three ways: online, over the phone, or in person. If you wish to file for Social Security Disability online youll do so at the federal Social Security site.
You can also call 800-772-1213 to speak with a representative over the phone. Those wishing to apply in person should contact their closest Social Security field office listed below.
Whichever method you choose, you should take time to gather relevant information beforehand to make the process of applying for a disability benefit smoother.
You will need to provide basic personal information about you and your family including marriage, divorce, and military records as disabled veterans may be entitled to additional benefits from the VA. You will also need to bring medical records along with contact information for doctors and clinics that have treated you regarding your disability.
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How To Qualify For Ssdi In Virginia
All Americans, regardless of where they live, must meet the same set of requirements to receive a Social Security disability benefit. In general, there are two main criteria you must meet your disability must be classified as severe, and you must have contributed sufficiently into the Social Security fund through your years of employment.
Most people will need to show at least 10 years of work history, though you can still be working and receive a benefit. However, there are income limits known as your Substantial Gainful Activity .
These caps are different depending on your disability. Those who are blind can make up to $2,190 in monthly income, and those with developmental disabilities or another physical disability can make up to $1,310. If you are currently working, know that as an employee you are protected from disability discrimination from your employer. A workplace must make any reasonable accommodation to help you complete your duties.
Applicants must also ensure their disability is found on this list compiled by the SSA. These conditions have all been deemed severe enough to limit ones ability to work for at least 12 months or end in death.
What Evidence Do I Need To File My Va Claim
The evidence needed is completely dependent upon the nature of your condition and how it relates to your time in service.
Youll need to provide medical evidence from a doctor or other healthcare provider that helps support your diagnosis. Medical evidence examples may include:
- Service treatment records
- Doctors reports and medical opinions
- X-Rays, MRIs, and other imaging
- Medical test results
If your condition is documented in your service treatment records, its usually a lot easier to prove that it is service-connected. If you are still in the military, see a primary care physician to get your condition on the record.
One of the most common mistakes made when filing a VA claim is not including all of the relevant evidence. Make sure you include everything that can support your claim, like medical records, service records, and documentation of treatment.
You will also need to provide military records, such as your DD-214 or other discharge papers.
The VA also considers the following as presumed disabilities and operates on the assumption that the veteran is eligible for benefits:
- A chronic illness that you develop within one year of leaving the military
- An illness you developed due to your status as a prisoner of war
- An illness you developed due to contact with hazardous materials or toxic chemicals
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The Basics About Disability Benefits
The SSDI program pays benefits to you and certain if you are insured. This means that you worked long enough and recently enough – and paid Social Security taxes on your earnings. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources.
While these two programs are different, the medical requirements are the same. If you meet the nonmedical requirements, monthly benefits are paid if you have a medical condition expected to last at least one year or result in death.
How Ssdi And Va Compensation Can Work Together
Fast-track applications
If you have a 100 percent P& T rating from the VA, Social Security will speed up processing of your SSDI claim. To get expedited handling, enter Veteran 100% P& T in the Remarks section of your online application and provide Social Security with the notification letter the VA sent you about your rating.
Regardless of your P& T rating, you may qualify for expedited processing under Social Security’s Wounded Warrior program, which prioritizes claims for veterans who became disabled while on active duty on or after Oct. 1, 2001.
No ‘offset’
Workers compensation and some other types of public disability benefits can trigger what the SSA calls an offset that reduces your Social Security payments. VA disability benefits don’t affect your SSDI or vice versa if you qualify for both programs, each will pay the full amount to which you are entitled.
Health care coverage
If you get SSDI and VA disability benefits, you can receive medical coverage through both.
SSDI recipients are eligible for Medicare, although in most cases there is a two-year waiting period for coverage to begin. Veterans are eligible for coverage under the military’s Tricare program.
If you’re getting both benefits, Medicare becomes your primary payer and Tricare serves as a supplement, covering some cost-sharing, such as copayments and deductibles.
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Special Information For Veterans
If you are applying for a disabled veteran’s license plate with the International Symbol of Access, you must present the License Plate Application and either:
- A MED 10 form signed by a medical professional authorized to certify your disability, along with a Veteran’s Certificate of Disability signed by the Veteran’s Administration, OR
- The VSA 54 form only, signed by both a medical professional to certify your disability and by the Veteran’s Administration to qualify you for the plate.
Veterans with a qualifying disability are exempt from annual registration fees and are entitled to plates for one motor vehicle that is owned and used personally by the veteran.
Applying Online Though Ebenefits
You can apply online through eBenefits. You can also upload all supporting evidence you may have and make your claim a Fully Developed Claim.
If you need time to obtain supporting evidence, you can begin the application process within eBenefits, obtain your evidence and then complete your application and VA will recognize the date you started the application as your date of claim as long as you complete it within one year. By submitting all of your supporting evidence with your claim, you save processing time and obtain a quicker decision.
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Qualifying For Va Disability Helps Your Ssdi Claim
The Social Security Administration will take a VA disability approval into consideration when evaluating your SSDI claim. As mentioned previously, high VA disability approval ratings usually mean youll be approved for SSDI benefits. The same unfortunately cannot be said for SSDI approval and a VA disability claimbecause you must have been disabled while on active duty to get VA disability, the VA will usually not take an SSDI approval into consideration when evaluating your claim.
Health Resources For People With Disabilities
Federal, state, and local government agencies and programs can help with your health needs if you have a disability.
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Explore the Disability and Health section of CDC.gov for articles, programs, tips for healthy living and more.
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Learn more about benefits for people with disabilities from the Social Security Administration.
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Contact your local city or county government to find out what medical and health services are available locally for people with disabilities.
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Your state social service agency can help you locate medical and health programs.
Visit USA.govs Government Benefits page to learn more about government programs and services that can help you and your family.
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Myth: I Wont Be Able To Join The Guard Or Reserves With A Va Disability Rating
This may or may not be true. It is possible to join the Guard or Reserves if you have a VA disability rating, provided you are otherwise healthy enough to serve.
In many cases, its possible to transfer directly from active duty to the Guard or Reserves without undergoing additional medical screening.
If you have a break in service, you may need to go through MEPS again, and possibly even request a medical waiver to join. But just having a disability rating doesnt always prevent you from serving again. Again, the underlying medical condition will determine your ability to serve, whether there is a VA disability rating or not.
Please Answer A Few Questions To Help Us Determine Your Eligibility
If you are a resident of Virginia who is unable to work due to a medical or mental disability, you may be eligible for disability benefits. If you are seeking to apply for SSI or SSDI, you can contact the Social Security office nearest you, or you can call Social Security at 800-772-1213. You can also start an application for Social Security disability insurance benefits online. You must call or visit the office to apply for Supplemental Security Income .
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Specify Your Illnesses And Injuries
When you complete the application, list the specific illnesses and injuries for which you are requesting disability benefits, along with the date your symptoms appeared. You should only claim disabilities or illnesses you had in service if you are still suffering from the condition, or if you suspect that you may develop complications in the future.
When Should I Apply For Disability Benefits
My firm has represented thousands of clients in disability claims. And many of them have one thing in common they do not want to file for disability. Instead, they want to be working.
I get it. You have pride. You like to work. And you do not want to rely on Social Security Disability to provide for your family.
Other people delay filing a claim because they are still working. They are missing time from work because of their health, or have had to accept lower wages because they cant do their former job as well as they once did, but they continue to try to work. And because of this theyre unsure if their lower wages or part-time work will keep them from receiving SSDI or SSI.
The SSDI process can take a long time. The initial application often takes three to six months to complete. And if your initial application for disability benefits is denied , you will likely need to go through the reconsideration and disability hearing levels to get approved. The entire process can take two to four years to complete.
Because of how long the process takes, many claimants seeking Social Security Disability and SSI benefits find themselves under great financial stress. So if youre unable to work because of a physical or mental disability then you should file when you become eligible to do so.
Below are some general rules to help you determine when to file your application for Social Security Disability benefits in Richmond, VA:
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How To Appeal A Denial In Virginia
The approval rate for first-time applications in Virginia is 42% which is higher than the national average of 35%. Even so, this means the majority of applicants will have to go through one or more steps of the appeal process if they want to receive benefits. Each step in this process must be completed within 60 days of the previous denial to be considered, and you must go through each step in order.
Information You Need To Apply
Before applying, be ready to provide information about yourself, your medical condition, and your work. We recommend you print and review the . It will help you gather the information you need to complete the application.
Information About You
- Your date and place of birth and Social Security number.
- The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death .
- Names and dates of birth of children not yet 18 years of age.
- Your bank or other and the account number.
Information About Your Medical Condition
- Name, address, and phone number of someone we can contact who knows about your medical conditions and can help with your application.
- Detailed information about your medical illnesses, injuries, or conditions:
- Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
- Names of medicines, the amount you are taking, and who prescribed them.
- Names and dates of medical tests you have had and who ordered them.
Information About Your Work:
- Award letters, pay stubs, settlement agreements, or other .
We accept photocopies of W-2 forms, self-employment tax returns, and medical documents, but we must see the originals of most other documents, such as your birth certificate.
Do not delay applying for benefits because you do not have all the documents. We will help you get them.
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What Does It Cost To Use An Accredited Representative Or A Vso
In general, no individual or organization may charge you a fee to help you file your initial application for benefits. But they may charge you for unusual expenses. Its only after weve made a decision about your original claim that VA-accredited claims agents and attorneys may charge for their services. Make sure you ask up front what, if any, fees youll be charged. If you believe a claims agent or attorney charged a fee thats too high, you can challenge it.
How Do I Prepare Before Starting My Application
- Find out if youre eligible for VA disability compensation
- Gather any evidence youll submit yourself when you file your VA disability claim.
- Be sure your claim is filled out completely and you have all the supporting documents ready to send in along with your claim. This will help us process your claim quickly.
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Myth: The Va Is So Backed Up They Will Never Process My Claim Anyway
VA disability claims can indeed take a long time to be processed. But that doesnt mean you shouldnt make a claim. Your claim will be processed more quickly if you double-check your claim for completion and accuracy before submitting it for review.
Its also a good idea to seek the assistance of a veterans benefits counselor before filing your claim. Many organizations offer free benefits claims, counseling, and assistance. Take advantage of their expertise before filing it will save you a lot of time and stress!
Myth: The Increased Amount Of Disability Compensation Awarded For Having Dependents Legally Belongs To Them
This is false. The disability compensation is awarded to the veteran, not the family member. It is intended for the veteran to use the additional money to support the family members, but it is not awarded directly to the family members. The increased compensation does not legally belong to the children, it legally belongs to the veteran.
That said, the family members must continue to be legal dependents for the veteran to continue receiving the increased disability compensation. In the case of a divorce or separation, the veteran must continue to support the dependents to continue being able to legally claim them as dependents on their VA disability claim. Any change of dependency status should be reported to the VA.
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Why It Is Important To Have A Disability Attorney When You Apply For Ssd Benefits
The application process takes a few hours to complete, but only if you have all your paperwork ready. The benefits of having an experienced SSD attorney to help you file your application become obvious as you try to work through the SSAs roadblocks and complicated system. But Richmond disability lawyer Corey Pollard has years of experienced helping disabled workers prepare a strong SSD application so that your odds of being approved are as high as possible. Well gather the appropriate paperwork, answer your questions, make sure everything is done correctly, and work to build your case. Call now to apply for Social Security disability benefits in Richmond, VA.