What Are Ssdi Benefits
Social Securitys Disability Insurance Benefits are federally funded and administered by the U.S. Social Security Administration . Social Security pays disability benefits to you and certain members of your family if you have worked long enough and have a medical condition that prevents you from working for at least 12 months or is expected to end in death.Benefits.gov, the Official Benefits Website of the U.S. Government
SSDI benefits are designed to provide financial relief to working Americans who are diagnosed with a long-term medical condition that prevents them from continuing their employment responsibilities. If you apply for SSDI and your application is approved, you will begin receiving disability payments from the Social Security Administration.
How Disability Ratings Are Calculated
Under schedular criteria, the VA determines what percentage of a veteran’s body is impaired by their service-connected disability. Ratings are awarded from 0% to 100% in 10% increments. A 0% rating means that a veterans condition is service-connected but causes no measurable impairment, while a 100% rating means the condition causes severe impairment leading to an inability to work or live independently.
When a veteran has multiple disabilities, the ratings for each individual impairment aren’t simply added together. Since a veteran cant be more than 100% disabled, the VA subtracts the secondary condition from the disability causing the most impairment. This VA math makes it hard to receive a 100% rating despite experiencing serious difficulty performing everyday activities.
How Do Ssdi Benefits Differ From Veterans Benefits
VA disability benefits and SSDI are both initiatives run by the U.S. government. However, they are vastly different from one another. Here are some key differences between SSDI benefits and veterans benefits:
- Approval for VA benefits requires your disability to be related to your military service. SSDI does not require a link to active military service.
- Unlike VA benefits, Social Security doesnt provide partial disability benefits. You must be fully disabled to receive SSDI.
- The VA may increase your benefits if your medical condition worsens. However, your SSDI benefits wont increase if your condition deteriorates.
If you are unable to hold steady employment to a service-connected disability, you may also be eligible for TDIU even without a 100% rating. Veterans with one disability rated 60% or more, or multiple disabilities with one at least 40% and the total at least 70%, could be eligible for this benefit.
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Disability Ratings In 2018 And How To Get Rated At 100%
Basic Criteria for Veterans Disability Benefits
- You must have been diagnosed with a medical condition that is either physical or mental, andyour service in the military must be what caused that. The official verbiage that is used is service-connected disability. Your service-connected disability will be rated by the VA depending on the proof you provide and the severity of your disability.
Obtaining a 100% Disability Rating;
As of 2018, there are only two methods to obtain a 100% rating from the VA. Those two methods are as follows:;
Should I Appeal My 70 Percent Va Disability Rating
As you probably know, if you appeal your 70 percent VA disability rating, the VA has an opportunity to lower your rating. If you truly believe you deserve only a 70 percent VA disability rating, appealing may not be in your best interest.
However, do understand that a large number of veterans successfully appeal their ratings.
Winning a VA disability appeal isnt impossible. You just need to understand how to appeal correctly, write briefs, submit evidence, create new medical reports with experts, legal precedence okay, you get the idea, theres a lot that goes into the appeals process. Appealing a 70 percent VA disability rating is not as easy as filling out a couple of forms like many Veterans Service Officers would have you believe.
This article explores two different scenarios that veterans with a 70 percent VA disability may be considering. The first is appealing for a 100% rating and the second scenario is appealing for TDIU benefits. The next two sections cover the pros and cons of both legal strategies.
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How Do You Increase Your Va Disability Rating
Once your claim for disability benefits has been approved, you can request an increase in your VA rating whenever you need one. The VA is well aware that a veterans condition can grow worse over time, and that as you age this is more likely to happen. All you need to do to seek an increase in your VA disability rating is to request the VA review your rating and provide evidence that your condition is worsening.
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What Does It Take To Get A 70% Ptsd Rating
VA uses diagnostic codes to assign ratings to all different conditions. ;It will help to discuss the diagnostic code used to rate PTSD so that you can understand what a 70 percent rating means.
For a 70 percent rating, the PTSD diagnostic code states:
- Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control ; spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances ; inability to establish and maintain effective relationships.
The focus of the diagnostic code is on occupational and social impairment. ;This means VA focuses on how your PTSD affects your ability to work and your ability to maintain relationships.
How The Va Rating System Works
The Department of Veterans Affairs publishes a schedule of disabilities and the accompanying VA disability percentages that can be awarded for such medical issues. Not all medical issues are rated the same and some can never exceed a certain percentage, while others may only be permitted to be rated at 0 percent.
Still others can max out at 100%. It all depends on the nature of the injury, illness, or condition and the VA regulations that govern how such conditions must be evaluated in the VA medical claims process.
Best Way To Get 100 Va Disability Tip #: File For Va Total Disability Individual Unemployability
TDIU VA Requirements
VA TDIU stands for Total Disability IndividualUnemployability, but its often referred to as Individual Unemployability.
Did you know disabled veterans who qualify for TDIU areentitled to be paid at the 100% VA disability rate, even if they are ratedbelow 100 percent scheduler, if they can establish that one or moreservice-connected disabilities prevent them from maintaining substantiallygainful employment?
TDIU VA Requirements Do You Qualify?
You may be able to get individualunemployability disability benefits if you meet both requirementslisted below:
*Note:;In certain cases, for example, if you need to be in the hospital oftenveterans may qualify for 100 TDIU at a lower disability rating than listed above.
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The Tdiu Rating 100% When You Cant Make A Living
This is a unique type of rating that occurs when a Veteran, because of his or her;service-connected conditions, is unable to engage in substantially gainful activity.
In such cases, the Veteran will be rated at 100% disabled due to TDIU, even though the total schedular VA Disability Ratings are not 100%.
38 CFR 4.16a has what I call the 60/70-40 Rule if your ratings reach those specific;schedular levels, you may be entitled to a TDIU 100% rating.
38 CFR 4.16b has another way its confusingly called extra-schedular TDIU.
In a nutshell, if your service connected conditions, whether they are rated 90% or 10%, are severe enough to cause you to be unable to get substantially gainful activity, you can get a 100% TDIU rating.
These are tough claims to prove, but just know that you do not have to meet the 60/70-40 Rule to qualify for a 100% TDIU rating.
How To Get A 100 Percent Va Disability Rating
If you served in the Armed Forces and are living with disabilities connected with your service, you may be entitled to receive certain benefits through the U.S. Department of Veterans Affairs . The types and amounts of benefits you can receive depends on a disability rating assigned to you by the VA, which looks at the severity of your condition and how it impacts your life. The higher your rating, the greater the benefits you will receive.
Unfortunately, even if you firmly believe that you are fully disabled due to your service, you can find yourself facing serious hurdles to secure a 100 percent VA disability rating.
When you are a fully disabled veteran, getting appropriate disability compensation and benefits may be the most critical challenge you are facing. Improve your chances of securing a 100 percent rating by turning to the Mississippi disability lawyers at Derek L. Hall, P.C.
Our law firm provides exceptional legal representation to our nations dedicated service members. You can count on our lawyers to give you an honest, realistic expectation of your cases outcome while constantly fighting for the best possible results for you.
Obtaining a 100 percent VA disability rating can ensure that you receive the best possible support, both now and in the future. Call or contact us today for a free consultation.
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How Do You Increase Your Rating For Ptsd
If your doctor or your VA disability claim came back with a denial or a PTSD rating that is too low, take a look at the factors that increase veterans PTSD ratings.
If you served in the military and you now have post-traumatic stress disorder you may qualify for VA disability compensation. But applying for this compensation can be a confusing process. You may not get a fair disability rating the first time. What do you do if your disability rating is too low?
There are a few things you can do to make sure you get a fair rating for your condition. Read on to learn how to increase a VA disability rating for PTSD.
Va Presumptive Conditions Decisions
The VA has created a list of medical conditions it presumes are related to certain types of military service. For example, if you served in Vietnam and develop symptoms associated with Agent Orange exposure, the VA presumes the condition to be connected with Agent Orange.
In the same way, the Department of Veterans Affairs has a set of medical issues it presumes will be permanent. Those who are awarded VA claims of 100% for PTSD may find the VA has rated them as 100% permanent and total disabled
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Special Home Adaption Grant
The VA may approve a benefit amount up to $12,992 for necessary adaptations to a service members or veterans residence or to help him or her acquire a residence already adapted with special features for his or her disability. This grant may also be used to purchase and adapt a home or to make adaptations to a family members home in which they will reside.
Types Of 100 Percent Va Disability Ratings
Total disability ratings, or 100 percent disability ratings, from the Department of Veterans Affairs are often confusing to veterans, particularly because they are unsure if they can work after receiving this rating.
The Savannah veterans disability attorneys of The Nye Law Group have put together a helpful guide to 100 percent VA disability ratings. The guide explains the different types of total disability ratings and when you can work if you have received one of these ratings.
If you are struggling to obtain the benefits you are entitled, our experienced VA disability lawyers may be able to help you. Contact us today for a free, no obligation legal consultation.
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Ssa Expedited Processing For Veterans
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Going From 70% To 100%
When trying to go from a 70% disability rating to a 100% disability rating, veterans should be mindful of the rating criteria for each service-connected condition for which they are seeking an increase.; Veterans can read through the rating criteria and determine how their symptomology lines up with what is listed.; Furthermore, veterans can have private doctors opine on the severity of their conditions in relation to what is listed in the rating criteria.; This may be beneficial in developing a more convincing case for a higher disability rating.
Veterans should also keep the above-mentioned VA math process in mind.; If veterans are trying to get a 100 percent VA disability rating, and they do not have a 100 percent rating for any one service-connected condition, the only way to get there is to reach a combined disability rating of 95 percent or higher according to VA math.; Therefore, veterans may consider filing claims for additional conditions they believe may be due to service in the event that such conditions might combine for a higher rating.
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Watch: How To Get A 100% Va Rating
In this free 45-minute video training youll learn 3 Secret VA Disability Claim Tips that could get you a 100% VA Disabiltiy Rating in less time, even if youve already filed or been denied.
Heres what youll learn in todays VA Claim SECRETS video training:
VA Disability Claim Tip #1: How to Get a VA Disability Increase, Take Control of YOUR claim, Get an Immediate VA Disability Rating Increase, and Have it Decided 6 Months FASTER.
VA Claim Secrets Tip #2: How to Legally, Morally, Ethically, and Medically Get a 100 Percent VA Disability Rating and Over $3,000/month, Tax-Free, for Life
VA Rating Increase Tip #3: How to Write Your Statement in Support of a Claim and Obtain Buddy Letters, So YOU Can Get the VA Rating and Compensation You Deserve.
Combined 100 Percent Va Disability Rating For Ptsd & Other Conditions
- Anxiety:;PTSD is often linked to anxiety. If you are applying for PTSD and have anxiety, dont forget to include your anxiety as a service-connected condition.
- Bipolar Disorder:;Many veterans with PTSD also suffer from bipolar disorder. Studies have shown there is a link between the two conditions.
- Depression:;Depression often stems from PTSD. Many veterans cannot live their lives as they did before PTSD and that can cause depression. There are many other ways depression and PTSD are linked to each other.
- Major Depressive Disorder:;Veterans with a diagnosis of PTSD and major depressive disorder can often link both mental conditions to the same traumatic event.
- Military Sexual Trauma :;The number of veterans who were subject to sexual trauma is shocking! PTSD can relate back to a traumatic sexual event. These two conditions are very closely intertwined.
- Schizophrenia:;A very large number of veterans with PTSD also have a diagnosis of schizophrenia. The PTSD stressor event that is responsible for your PTSD may also be a trigger for your schizophrenia.
- Sleep Disorders: PTSD is regularly linked to sleep disorders that can seriously affect veterans lives. There are many different sleep disorders that may be related to your PTSD.
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How To Increase Your Va Disability Rating
If you suffered a disability as a veteran and, over time, your condition has grown worse, you may be able to increase your VA disability rating. If you have filed for an increase in your disability rating and have been denied one of our skilled VA benefits attorneys can evaluate your case.
Faq: 100 Percent Va Disability Rating
Should I appeal if Im receiving a 90% rating?
The difference between a 100 percent VA disability rating and a 90 percent VA rating is over $1,000 a month. The jump from a 90 percent VA rating to a 100 percent VA disability rating is hard to do on the combined ratings table. If you are currently at 90% and want to appeal, make sure you entitled before going through the lengthy appeal process.
What if I cant work from my service-connected conditions?;
If you are having trouble getting a 100 percent VA disability rating, but cant work, there are other options. Some veterans are going to be eligible to receive Total Disability Individual Unemployability benefits. These benefits pay the same as a 100 percent VA disability rating, but you dont have to obtain a 100 percent VA disability rating.
Can I receive 100% VA disability and Social Security Disability?
Yes. Veterans can receive both 100% VA disability and Social Security Disability benefits at the same time. Remember, each benefit agency has their own eligibility guidelines. You will need to apply separately to each agency for benefits. Being approved or denied one benefit has no bearing on your eligibility for other benefit.
Can I get a 100 percent VA;disability rating for PTSD?
Yes. Veterans are able to obtain a 100% rating for PTSD. If any service-connected mental condition is severe enough, it is eligible for a 100 percent VA disability rating.
If my appeal is successful, what about my missing;benefits?
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