Why Were Observing Two Minutes Of Silence This Veterans Day
The tradition of observing two minutes of silence on Veterans Day has lapsed in recent years. We think it must be kept alive, not only to honor the fallen of the world wars, but for all wars. Perhaps you are old enough to remember a time when the tradition was more widely observed than it is now. Harry Binder, founder of The Rep Vets, a national veterans disability advocacy firm, remembers a time when the whole country stopped at 11a.m. The reason? At the 11th hour of the 11th day of the 11th month of 1918, Allied powers signed a
Tdiu Is Not Social Security Disability
It is easy to equate the VAs version of total disability with the Social Security Administrations version. The important thing to remember is that IU veterans benefits are not structured in the same way as Social Security Disability . In many ways, the requirements to obtain IU benefits are more lenient than those of Social Security. In order to qualify for SSD, you must be found to be completely unable to work, under any conditions or circumstances. Typically, this finding is backed by the opinion of a vocational expert and/or a medical professional.
Are Traumatic Brain Injury And Post
The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. Therefore, some people with TBI and/or PTSD will have a disability under the ADA and some will not. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. For more information about how to determine whether a person has a disability under the ADA, visit the EEOC website.
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Working While Applying For Benefits
Keep in mind that the mere fact that you’re working, even if you are making somewhat less than $1,350 per month, may influence whether a disability claims examiner or a disability judge believes you’re disabled, especially if you’re working more than 15 or 20 hours a week. For this reason, many disability lawyers and representatives will advise their clients not to work while their case is pending. For more information, see our article on whether you have to quit work when applying for disability benefits.
Working With A Tdiu 100% Rating
Total disability based on individual unemployability is a benefit that allows veterans to be compensated at VAs 100 percent disability rate, even if their combined schedular disability rating does not equal 100 percent. TDIU is awarded when veterans are unable to maintain gainful employment as a result of their service-connected conditions. In this case, substantially gainful employment depends on whether a veterans annual income meets or exceeds the federal poverty threshold for a single person. Therefore, there are certain circumstances in which veterans may still be employed while receiving TDIU benefits.
If you are a Veteran who believes they qualify for an increase in their VA disability rating, fill out the form below and one of our Claims Specialists will contact you.
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Disabilitycan You Collect Va Disability And Ssdi At The Same Time
If youre veteran who is unable to work because of your military service, there is good news: You are eligible to receive both VA disability compensation and Social Security Disability Insurance at the same time if you meet the criteria. This blog details how you can apply for benefits and how the programs work.
Social Security Disability Lawyer for Veterans
As a veteran, you deserve the benefits youve earned. Watson & Carroll, P.C., L.L.O.s Social Security Disability team can help you secure needed benefits to support yourself and your family. Chellsie Weber, our wildly successful and experienced disability attorney, and Abby Reid, our wonderful and thorough disability paralegal, can offer support and advice as it pertains to your disability and the benefits approval process. Remember, youre more likely to have a successful disability claim with an attorney by your side. Call us today at 402-991-2100. You also can share your story here.
Receiving Simultaneous Benefits: VA & SSDI
According to the SSA and the U.S. Department of Veterans Affairs , more than 950,000 veterans received SSDI during 2016. While VA disability compensation and SSDI both provide monthly benefits to disabled workers, both have very different rules and follow different procedures for determining eligibility, setting payments, and approving claims.
Differences In Disability Programs
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Can You Get A Va Pension If You Are In The Military
If you receive a VA pension, you may also qualify for Aid & Attendance or Housebound benefits. You can only get one of them. Each has its own qualifications. Some people confuse military retirement benefits with a VA pension. Here are two ways to tell the difference: Military retirement is taxable but a VA pension is tax-free.
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What Is A Combat
You will need to submit evidence to show that your disability was caused by combat-related service. Combat-related service includes training that simulates war, hazardous duty, using an instrument of war, or armed conflict. The Department of Veteranâs Affairs will also consider disability caused by exposure to Agent Orange, chemical exposure in the Gulf, and other hazards as combat-related for the purposes of this program.
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Is Va Disability For Life
VA disability is usually not for life. When you start collecting benefits, its with the understanding that the U.S. Department of Veterans Affairs can and will periodically review your situation and reassess whether you should continue receiving benefits, and at the same level. If you have a severe medical condition from which VA believes you will never recover, it may designate you as permanently and totally disabled. With this designation, youll receive VA disability benefits for life .
VA reserves permanent and total disability for the most extreme situations. Most VA disability recipients can expect periodic reexaminations. The key to emerging from a reexamination with your benefits unscathed is to make sure you have compelling evidence of your continuing disability. To find out about what a VA disability lawyer can do for you, call for a free case evaluation.
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The Us Poverty Threshold
What constitutes poverty changes every year and varies depending on family size and ones cost of living. In 2017, the US Census Bureau released their most recent US poverty threshold data. For one person under 65 living alone, the weighted average poverty threshold was $12,488 in annual income.
With more children or financial dependents in the family, the amount of money needed to cross the poverty threshold increases dramatically. For instance, a family of five with three dependent children has a poverty threshold of $29,986, while a family with four children has a poverty threshold of $32,753.
Unfortunately, single-parent households are held to a lower poverty line than two-parent households. For example, a family of four with two parents and two children has a poverty line of $24,858. However, with only one parent and two children, the poverty line currently sits at $19,749.
Where Can I Get Assistance With Translating Military Skills And Training To Match Position Requirements
The Occupational Information Network is a comprehensive database of occupational skills, knowledge and other characteristicsincluding those that veterans bring to the workforce. O*NET has online tools to help you align military education and training with your current position requirements. You can use O*NETs online tools, specifically their Crosswalk Search, to find occupations that match Military Occupational Classifications.
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Evidence And Other Documents Youll Need To Provide
Evidence that proves your disability or injuries are the result of a combat-related event, like:
- Service medical records. These must be from when your injury happened. They must show the severity of your medical condition and that itâs combat-related. Note: Provide only relevant medical records. Please dont send us all your medical records.
- Official service records. These include After Action Reports, Investigative Reports, personnel action requests , and performance evaluations .
- These include Purple Heart citations, Combat Action Badges, medals, and decorations for valor.
- Retirement records. These include retirement orders and the Armed Forces of the United States Report of Transfer.
- Your VA decision notice
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How Does Having My Disabilities Recognized By The Va Help Me And My Family
Below are the reasons you should take the time to apply, even if you dont want deal with the red tape involved or don’t feel like you are disabled.
Regular Financial Support
Most veterans who have their applications approved receive additional monthly income. For Disability Compensation, this income is tax free. Even if a veteran is rated at only 10%, that is still an extra $115 every month, probably for life. If they live another 50 years, thats an extra $69,000 to help pay the mortgage, buy a car, or put kids through school.
Increased Access to VA Healthcare
Just as importantly, the VA provides free care for every service connected condition. If the veteran with a bad knee above needs to have knee replacement surgery, the VA pays for it. In many cases veterans receiving either Disability Compensation or Non-Service Connected Pension can also use the VA to receive care for conditions not related to their military service. This may not seem like a big benefit to a veteran who is currently working and has health insurance, but it can be a more significant benefit when they are between jobs or after they retire.
Access to More Robust VA Benefits
Many veteran benefits have been created to care specifically for disabled veterans, so having your service connected conditions recognized may grant eligibility to other more robust benefits, such as:
Access to VA Benefits for Survivors
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Where Can I Get Information About Accommodating Service Members Veterans Or Others With Ptsd And Tbi
Employers can receive information about accommodating service members, veterans or others with PTSD and TBI from , a free consulting service that provides individualized worksite accommodations solutions and technical assistance. Other information and support services are available from their local Vet Center, the National Center for PTSD and the ADA National Network.
Am I Eligible For Va Disability Compensation
You may be eligible for VA disability benefits or compensation if you meet both of the requirements listed here.
Both of these must be true:
- You have a current illness or injury that affects your mind or body, and
- You served on active duty, active duty for training, or inactive duty training
And at least one of these must be true:
- You got sick or injured while serving in the militaryand can link this condition to your illness or injury , or
- You had an illness or injury before you joined the militaryand serving made it worse , or
- You have a disability related to your active-duty service that didnt appear until after you ended your service
- Qualified dependents
Can You Work And Collect Va Disability
Generally, VA disability benefits are awarded to veterans who havean illness or injury that was caused by or worsened during active militaryservice.
For many veterans who receive disability compensation, theirbenefits replace the income theyd be receiving from employment.
But is it possible to work and collect VA disability?
The short answer: in some cases. In this post, Tennessee veterans disabilityattorney Michael Hartup explains when you can work while receiving VAdisability benefits and when you cant.
If you need further help understanding your disability benefits, applying for VA disability, or appealing a claim, call The Law Offices of Michael Hartup at . You may also contact us by filling out an online form.
Consult A Va Disability Lawyer For Help
If youre uncertain whether your employment is consideredsubstantially gainful or marginal, or if your income exceeds the povertythreshold, speak to a VA disability lawyer.
A skilled VA disability lawyer can help you understand yourdisability rating, your employment, and your eligibility. A lawyer can alsohelp you appeal adenied claim or changeyour rating if your condition worsens.
The Law Offices of Michael Hartup represents VA disability clients throughout Tennessee. If you need assistance with a Veterans disability claim, schedule a free consultation by calling our office at . You may also contact us by liking and following our , or filling out an online form.
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Note: For Those Who Have Some Service
It is important to note that CRSC may not reimburse the full amount of the VA waiver if only some of the veterans service-connected disabilities are combat-related. For example, the veterans branch of service may determine that only 40 percent out of your 60-percent overall rating is considered combat-related , in which case they would reimburse only the amount of VA compensation you would receive for a 40-percent rating.
Can You Work And Receive Individual Unemployability
So, what does all of this mean on a practical level? Yes, its possible first, it means that VA law does allow for some veterans who work to also receive VA unemployability benefits at the same time, depending on the circumstances. Second, it means that disabled veterans who are working should not foreclose the thought of obtaining individual unemployability benefits based on erroneous information they may have received from others that they are not eligible for IU simply because they work.
In these cases, it is important for the earnings to be examined in order to assess if the veteran is above or below the poverty threshold. A veteran can produce substantive proof earnings through pay stubs, tax returns, employer letters, and/or a Social Security Earnings Record. If the earnings are above the poverty threshold, an evaluation needs to take place to determine if the veteran is working in a sheltered environment. For example, if a veteran is provided accommodations or leniencies by his or her employer on account of service-connected disabilities, such as excessive time off, the ability to leave work at will, etc., this may be a sheltered work situation. However, it goes without saying that the veteran would have to have corroborating evidence to prove that the workplace is sheltered, for example, an employer letter verifying the excessive accommodations, etc.
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Failure To Continue Treatment
LTD policies generally require you to submit periodic proof of your continuing disability. This can consist of an annual re-certification by your doctor that youre still disabled or a requirement that you attend regular medical examinations. One of the most common reasons LTD benefits are terminated is that the person has failed to receive regular medical treatment. Even if your doctor has told you theres nothing else that can be done for you, if you stop seeing a doctor, your insurance company may interpret your lack of treatment as proof that your condition has improved.
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% Va Disability And Working Vs Tdiu And Working
Under VA regulations, however, the benchmark for IU claims is not whether or not the veteran is capable of working it is whether or not the veteran can engage in substantially gainful occupation. According to the VAs procedural manual, substantially gainful occupation refers to an occupation that is ordinarily followed by the non-disabled with earnings common to the particular occupation in the community where the veteran resides.
In other words, a substantially gainful occupation is a job that a non-disabled person can perform, with earnings above the poverty threshold. For example, substantially gainful might include a job as an office clerk, a bookkeeper, a flight attendant, or a sales associate. A substantially gainful occupation would require the employee to be competent, efficient, able to maintain a client relationship, and reliable.
This is important, because substantially gainful is not the standard that the regional office raters use. Instead, they tend to drift toward the Social Security mindset, where the veteran has to prove that he or she is completely unable to work.
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% Va Disability And Your Working Status
One issue that frequently arises in this context is whether a veteran who is working is able to obtain a 100% VA Disability compensation, especially when their current disabilities do not meet the criteria for 100. VA Unemployability, also known as TDIU or IU covers veterans in this tricky predicament. Even under TDUI or IU, the question still remains, can you work and receive Unemployability? The name itself references being unemployable after all.
Now, while this may seem like an obvious yes or no answer when youre dealing with the Department of Veterans Affairs, there rarely is a clear-cut yes or no.. The best answer to this question is that it depends on the specific TDIU claim and the veterans total disability rating. If you have time, feel free to check out below our video on VA unemployability and working. Past the video, we break down working and VA benefits further!