The Prior Court Order Was Entered By Agreement; It Expressly States That My Ex
Not by a long shot. ;All the VA money is tax-free, so he would get even more money in the end by waiving a piece of the pension.;
Lets take an example: Suppose Johns total retired pay is $1,600 and the court awards Mary, his former wife, 50%, or $800. ;Then John obtains a VA disability rating and elects to receive VA disability compensation, which equals $600. ;This means that he waives $600 of the pension to receive VA payments.;
Now the pension-share payment from the retired pay center to Mary is only $500 a month instead of $800 . ;Shes short by $300 due to the actions of John in applying for VA payments.;
Johns income is now $500 from the pension and $600 from VA. ;If hes paying taxes at 20% federal, 5% state, then hes receiving net: $375 from the pension and $600 from VA, for a total of $975, while Mary will only be getting $375 a month.;
If John were to reimburse Mary, then hed pay to her the missing $300 each month, which is deductible for him on his taxes, and that only costs him $225 in his tax brackets. ;Thus he still has $750 after taxes, whereas before the VA waiver, he was receiving $800 taxable each month, or $600 after-tax income! ;And Mary has the full amount which the court initially ordered.
Also Check: How Much Does Disability Pay In Michigan
Why Does It Take So Long To Get Disability Benefits
There are many great benefits available to veterans. Unfortunately, the VA tends to often move at a snails pace. The backlog for disability claims is a mile long, and it typically takes months, if not years, to receive approval for your claim. If there is any issue with your claim it can take even longer, especially if your initial claim gets denied and you have to file an appeal.
In order to ensure that veterans receive their benefits in a somewhat timely manner, many will hire a VA disability lawyer at the beginning of the filing process. While a lawyer isnt strictly necessary at this point, they can help to ensure that you have everything in order and avoid a denial of your claim.
If your claim gets denied, then you will certainly need a lawyer to handle your appeal. If your claim is approved, then an experienced VA lawyer can help ensure that the VA sticks to its promise of sending you your back pay within 15 days. Otherwise, you may have to wait additional months for this needed money.
Do You Need A Military Divorce Attorney In Colorado Springs
U.S. News & World Report has named Graham.Law one of the Best Law Firms in America. And our family law attorneys have years of experience helping clients navigate the Colorado family law system. We know Colorado divorce & family laws inside and out, and in particular, understand the unique issues facing military and family members in a divorce.
For more information about our award-winning El Paso County family law firm, call us at 630-1123 to set up a free consult, or click on:
Read Also: How To File For Temporary Disability
You May Like: Can You Get Social Security Disability If You Have Copd
Why There Is Such A Long Wait For Social Security Disability Benefits
While there may be ways to speed up the approval process, waiting for SSD benefits can take monthsand even longer if you are appealing a denial. For some, not receiving Social Security disability payments can mean not paying bills or receiving needed medical care. Why does it take so long to receive Social Security disability benefits? Simply put, there are more applications than the SSA can handle.
S In The Va Disability Claim Process
- STEP #1: Claim Received: Normally takes between 7 and 14 days
- STEP #2: Under Review: This step typically takes 7 to 21 days
- STEP #3: Gathering of Evidence: This step is the longest phase in the VA claim process and usually takes 30-60 days
- STEP #4: Review of Evidence: Takes 7 to 14 days on average
- STEP #5: Preparation for Decision: This step typically takes 7-14 days to complete
- STEP #6: Pending Decision Approval: 7 to 14 days
- STEP #7: Preparation for Notification: 7 to 14 days
- STEP #8: Decision Notification Sent: The final step in the VA claim process takes 7-10 days
If you submit a Fully Developed Claim , which we highly recommend at VA Claims Insider, youll likely get a VA rating decision in around 90-120 days from start to finish.
And the best news?
The VA is getting fastera lot faster.
Fully Developed Claim versus Standard Claim Timeline
Read Also: How To Collect Disability In Nj
Who Is Entitled To Va Compensation For Medical Issues
Veterans who apply for VA disability compensation must have medical conditions that are the result of an injury or disease that was incurred or aggravated while on active duty or active duty for training; or from injury, heart attack, or stroke that occurred during inactive duty training.
VA guidelines state that such disabilities may apply to medical conditions such as Lou Gherigs Disease, mental health issues including Post-Traumatic Stress Disorder, and more. All medical claims submitted to the VA will be reviewed for determining the nature and severity of the condition as well as whether the condition is deemed by the VA to be service connected.
When Does My Va Rating Become Total
Veterans disabilities are rated based on;VAs Schedule of Rating Disabilities. The ratings levels for each type of disability are based on the severity of your symptomatology and the level of social and occupation impairment that you experience as a result. A 100% rating indicates that your disability is completely, or totally, disabling. 100% total ratings may be reduced if the VA can show that your condition has shown;material improvement. Material improvement means that there has been a significant change in the veterans ability to function in daily life.
Don’t Miss: Can You Get Disability For Degenerative Disc Disease
Factors That Can Affect The Time It Takes To Begin Receiving Va Disability Benefits
The VA estimates that it takes them 94 days to review a VA disability application. However, many cases take much longer than that. Here are some factors that can shorten or extend the time it takes to reach a decision:
- Type of claim filed. There are many different types of claims filed for disability benefits, and some take longer than others to process. For example, if you file your claim under the fully developed claim program, you may receive a quicker decision. However, if you must appeal a denial of benefits or are reopening your claim, it could take longer to obtain the evidence you need and for the VA to review it.
- Number of disabilities claimed. The number of disabilities or injuries you are claiming benefits for, and their complexity, can affect how long the application process will take. If you have numerous, complex injuries, it will take the VA longer to make a decision.
- Evidence needed. If you do not include all the evidence necessary to support your application or the VA requests additional documents, this could slow down the VA review process.
- Field office location. The time period can also be affected by the field office where you file your claim. If you live near one that serves more Veterans, it could take longer for the VA to reach a decision than if you lived near an office that serves fewer Veterans.
Pending Decision Approval And Preparation For Notification
The RSVR reviews your VA disability claim again and then forwards it to a superior for another review. Another employee prepares a decision packet that explains the decision made by the Department of Veterans Affairs and mails it to your home address. The VA advises that current and former service members wait a week to 10 days after learning of the preparation for notification for it to arrive in the mail.;
Recommended Reading: Can You Get Disability For Generalized Anxiety Disorder
Va Disability Benefits Denied Contact Our Va Disability Lawyer Today
When filing a VA disability claim, you may face an uphill battle collecting the compensation you deserve. You may find that your claim is denied, even without cause. If your claim for VA disability benefits is denied, call an experienced VA disability lawyer at Tucker Law Group today. You can fill out our confidential contact form or call us at for a consultation and review of your case. We can discuss your rights to appeal and help you receive the benefits you need to move forward into your future.
In Order To Minimize The Waiting Period For Ssd Benefits To Be Granted Its Crucial To Have All Applications And Related Paperwork Completed
How long does it take to get disability approval letter. The amount to be received in monthly disability benefits. Approximately 70% of social security disability claims fail on the first attempt. At the initial stage, a social security disability claim may take an average of just over three months to process.
The application and approval process for social security disability benefits can take months, or even years in some cases. For example, if your disability began on june 15, 2018, your first benefit would be paid for the month of december 2018, the sixth full month of disability. If you are receiving ssi and have substantial back pay, you may receive three different installments, six months apart.
Missed appointments can add weeks of processing time to your case. Hi, i havenât actually gotten my approval letter yet, just being optimistic! If, however, your claim is not approved then at this point you will have to go through the disability appeal process, and that means it will.
If you were approved for ssdi, you should receive the entire amount of back pay at once, hopefully within 60 days of approval. So when you finally receive your letter of approval from the social security administration, how long does it take to receive your first check? If you are one of the lucky people who gets approval on their initial claim, it will take you 90 days or less for social security disability approval.
You May Like: How Much Does Disability Pay In Ny
Step #: Va Gathering Of Evidence Phase
In Step 3, the VSR will do three things:
- Ask for evidence from you, health care providers, governmental agencies, or others
- Review the evidence
- Move the claim to an RVSR for decision
****If the VA needs more evidence during this phase, your claim may return to this step more than once. This is very common to see your VA claim move back and forth between phases. No need to worry!
This step normally takes around 30-60 business days.
How Long Does The Process Take
The length of time it takes Social Security to make a disability decision depends on several different factors, but primarily on:
- The nature of your disability;
- How quickly we obtain medical evidence from your doctor or other medical sources; and
- Whether it is necessary to send you for a medical examination in order to obtain evidence to support your claim.
You can help speed up the process by having the needed information on hand when you apply. Please go to Information You Need To Apply For Disability Benefits for more information.
Read Also: Can You Get Disability For Alcoholism
How Can I Maximize Retroactive Benefits
File your VA disability claim as soon as you determine you might have one. Do not rely on the VA to notify you that you may have a potential disability claim. Because the effective date of an award is usually no earlier than the date of the written claim, delay in filing a claim is usually just leaving monetary benefits, to which you as a veteran are entitled, on the table.
When Does My Va Rating Become Permanent
An easy way to tell if your VA disability ratings are permanent is if the VA has deemed you to be totally and permanently disabled. This means that the VA does not see a reasonable chance of your conditions improving. However, if you are not permanent and total, the VA has regulatory protections for reductions of service-connected disabilities.
Under 38 C.F.R. 3.951 , the VA cannot reduce a rating that has been continuously rated at or above any evaluation of disability for 20 or more years unless it is shown that the rating was based on fraud. So, for example, if you are rated at 20% for a right knee disability from January 1994 and the VA proposes to reduce your right knee rating to 0% in March 2017, they can only do so if they find that your initial 20% rating was based on fraud. If they cannot show that, they cannot reduce your 20% rating. This rule protects disabilities that have been increased over the span of 20 years or more as well. For example, the veteran who receives 20% for his right knee disability from January 1994 was increased to 30% in 2006. In March 2017, the VA proposes to reduce his 30% to 0%. Although the rating for the right knee condition changed between the initial grant and the proposed reduction, he is still protected under the 20-year rule.
Also Check: Do You Accrue Pto While On Short Term Disability
A Brief Overview Of The Va Disability Claims Process
The VA official site describes VA Disability compensation as a tax-free benefit paid to qualifying vets with disabilities that are the result of a disease or injury incurred or aggravated during active military service.
But VA disability pay may also be awarded for disabilities that are an issue post-military service if those conditions, illnesses, or other issues are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service.
VA disability compensation is intended to compensate for considerable loss of working time from service-related medical problems.
Veterans Pension Versus Disability Compensation
In some cases, veterans can receive disability compensation. It’s not the same as the VA pension. Heres a way to tell the difference:
-
Disability compensation is for an illness or injury that happens because of or was made worse by your military service. Its not income-based and war service is not required.;
-
A VA pension is for war veterans with a low income and who may have a disability that is not service-related.;
Read Also: Va Form 10 10hs
How Long Does It Take To Receive Disability Benefits Back Pay From The Veterans Administration
However, the good news is, once your claim has approved you will be entitled to back payment of VA benefits from the effective date of your disability the date you filed for benefits, or were diagnosed with your disabling condition to the date your claim was approved.;
If your disability is determined to be related to your military service and you file your claim within one year of separation from active service, then the effective date will be the date you received your injury or were diagnosed with your illness.
So, what can you expect from the VA disability back pay timeline?
The Va Appeal Process Under Your Designated Appeal System
There are two different appeal systems, the Legacy Appeal system and the Appeals Modernization Act system. The date of your claim decision will determine which system you use for your appeal. Depending on when your claim was decided, you will appeal under the Legacy Appeals system or the Appeals Modernization Act system.
- If your claim decision date is before February 19, 2019, then you will file your appeal under the Legacy Appeals system. You should file a Notice of Disagreement within a year of the Rating Decision date.
- If your claim decision date is on or after February 19, 2019, then you will file your claim under the Appeals Modernization Act system. As you will read below, there are three options for you to pick from when you appeal a Rating Decision under the AMA system.
Recommended Reading: Is Degenerative Disc Disease Considered A Disability?
The Help Of A Professional
Bringing in a qualified VA disability lawyer at any point in the process is never a bad idea. A competent attorney knows all of the ins and out of the system. They can help to make sure that you get both the maximum amount in benefits to which you are entitled and that you get them as quickly as possible.;
Your disability doesnt wait until you get your payment to affect your life the quicker you can get the money to which you are entitled, the better.
Receiving Va Disability Back Pay
VA back pay is paid to the veteran all at once in a single lump sum following a grant of benefits.; This is different from all other benefits awarded in connection with the;veterans claim, referred to as future benefits, which are paid on a monthly basis.
VA maintains that veterans should receive VA back pay within 15 days of the decision granting the retroactive benefits either through direct deposit or a check.; However, it is not uncommon for VA to take several months to issue back pay and retroactive benefits.; Therefore, it may be beneficial to work with a veterans disability lawyer to ensure you receive your VA back pay in a timely manner.
There are some circumstances that may complicate when the veteran receives their back pay.; Below are some complications which may lengthen the time it takes a veteran to receive their back pay:
You May Like: Can You Get Disability For Sciatica Pain