How To Increase Va Rating In Less Time 3 Key Elements You Must Prove In All Va Disability Claims
- Medical diagnosis of a disability condition , VA medical records, OR any private records, but it needs to be in a medical record somewhere). It helps to have a more current medical diagnosis, although its not required.
- Your disability condition was caused or made worse by your ACTIVE-DUTY military service OR its proximately due to or aggravated by ANOTHER service-connected disability rated at 0% or higher for secondary service connection.
- Current symptoms of the disability condition into the present day, aka, Severity of Symptoms
First, you MUST have a medical diagnosis of a disability condition in a medical record.
The medical diagnosis does NOT have to be in your Service Treatment Records , but it must be somewhere, in either VA medical records or private treatment records.
If you think you have a disability condition, but dont yet have it medical diagnosed, GET YOUR BUTT TO THE DOCTOR!
Without a medical diagnosis, youre dead-in-the-water, and your VA disability claim will be denied.
The #1 best way to prove you have a medical diagnosis of a disability is to upload medical records showing a current medical diagnosis in support of your Fully Developed Claim to the VA.
Second, you must be able to prove to the VA that your disability condition was caused or made worse by your active-duty military service OR its proximately due to or aggravated by ANOTHER service-connected disability rated at 0% or higher for secondary service connection.
Guess what veterans?
Social Security Disability: The Initial Application Stage
The initial stage of the Social Security Disability process involves the initial filing of your Social Security Disability application and the Social Security Administration’s review of your initial claim. In this stage of the process you will be filling out your initial application and providing the SSA with the documentation necessary to process your claim for Social Security Disability benefits. The Social Security office will then send your file to be reviewed for approval or denial based on the information provided in your initial application. Fill out your information to receive a free case evaluation. Start the disability benefits process today.
Disability Support Pension Claims
The most common type of disability claim is for a disability support pension. You may also be required to undergo a separate evaluation for disability to qualify for DSP. If both the doctor who diagnosed you and the evaluation are in agreement and your level of impairment qualifies you for disability, you can apply for DSP.
DSP claims require that you meet medical and non-medical rules before you can apply. Meeting these requirements doesnt guarantee your disability claim will be approved, but it means that your claim must at least be considered. If you meet all of the rules and your claim is rejected, you can appeal the disability determination.
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What Happens After You Get Approved For Disability
The approval process when filing for social security disability benefits can take a while. Most claims would require a disability hearing before it gets approved. But depending on the circumstances of your claim and your evidence, sometimes a hearing may not be necessary.
After theyve made a decision, the SSA will send you an approval notice informing you about it. They will then forward your claim for payment processing. Due to the volume of claims the SSA has to process, this can take months.
But even if your disability check will take months to arrive, your disability benefits will start on the day you got disabled . The benefits you should have received from your onset date to when you actually received your first check will be computed as part of your back pay.
Elimination Periods = Built In Delays
Elimination PeriodYour long-term disability insurance policy will have an elimination period built in.; An elimination period is the time between when you become disabled and the time when you can;receive long-term disability benefits.; The period can range from as little as 17 weeks to as long as one year.; You are required by most insurance companies to use up all of your sick leave and short-term disability benefits before receiving long-term disability.;
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How To Apply For Disability Benefits
If you want to get the application process started, you can apply for disability benefits in the following ways.
You can apply online here.
You can get the process started by calling the toll-free number: 1-800-772-1213. You can ask any questions, and make an appointment to submit your application at any local SSA office.
For those who are deaf or hard of hearing, there is a toll-free “TTY” number: 1-800-325-0778. You can call between 8:00 a.m. and 5:30 p.m. on Monday through Friday.
Finally, you can apply in person at a local SSA office.
Call us now on to learn more about the Consumer Directed Personal Assistance Program . Or Enroll Now!
Chapter 1: Step Two Proving You Have A Severe Impairment
To qualify for SSDI, your impairment must be established as severe under Social Security rules. Proving a severe impairment is not easy. If SSA finds that your impairment or impairments are severe, then you continue to step three of the Five Step Sequential Evaluation.
Below is information regarding how SSA determines if your impairment is severe enough for you to receive Social Security disability benefits.
How SSA Defines Severity
Severity in impairment occurs when an injury or illnessor combination of injuries or illnessesnotably interferes with your physical or mental ability to perform basic work activities.
Social Security disability benefits are not likely to be awarded if your health issues are considered slight. This is why it is important to have your treating physician specifically describe mental and physical limitations caused by a diagnosed condition.
For example, a doctor should write the patient has difficulty with walking, standing, balancing and muscle control, if that is the case, instead of using general terms like the patient has difficulty performing duties at work.
How SSA Measures Severity
If your impairment is not deemed severe, then SSA will not consider you disabled. SSA does not factor in age, education and work experience. However, it is possible for you to have been disabled for a period of time in the past, even if a severe impairment no longer exists.
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How The Social Security Administration Defines Disability
The SSA defines disability in a different way when compared to most other programs. You will only get benefits if they deem that you have a total disability. You wonât qualify for benefits if the SSA determines that you have a partial or short-term disability.
Note that weâre only talking about qualifying through disability here. You can still qualify for SSI based on age and income.
But if you want to qualify for benefits because of a disability, you have to meet all of the following criteria according to the SSA guidelines:
- Youâre no longer able to do the work you did before your disability
- Youâre not able to switch jobs or do other work because of your disability
- Your disability is long-term
If the requirements seem somewhat stringent, itâs because the SSA assumes that for short term disability, youâd have access to other forms of support. For example, help from family members or the community, savings accounts, private insurance, or workerâs compensation.
In the next section, letâs take a look at the SSAâs 5-step sequential evaluation process to determine if your SSDI or SSI claim will be approved.
Your Chances Of Winning Disability Benefits
Question: Do certain disabilities have a better chance of being approved for benefits after an appeal hearing? If so, why?
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If you make it to the hearing level, hiring a disability lawyer can definitely help.
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Contains the most important thing to know to improve your chances: what the SSA wants to see for your particular condition. Covers over 200 medical conditions.
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Myelofibrosis And Long Term Disability: How To Get Your Claim Approved
According to the;Leukemia and Lymphoma Society, Myelofibrosis is rare bone cancer in which abnormal cells and fiber build up in the bone marrow. Symptoms can take years to develop. In fact, many people live for years before showing any signs of the disease. When symptoms start to show up; however, they continue to get progressively worse. Becoming disabled due to Myelofibrosis means you should apply for;long term disability; benefits if you have coverage. This article will discuss the following:
- How Symptoms Can Affect Your Daily Life
- Treatment Plans and Long Term Disability
- Applying for Long Term Disability with Myelofibrosis
Work History And Credits For Ssdi Benefits
Whether youâve worked enough to earn SSDI benefits will depend on your age when disability begins, your income prior to disability, and the number of years youâve been paying taxes.
You get work credits based on your annual income, but you can only get a maximum of four credits per year.
In 2020, if you earn $1,410 during the year, you will get one credit. So, as long as you earn more than $5,640 , you will earn all four credits.
It doesnât matter if you earn that income in one month, or over the entire year.
Note that it is not about how much you pay into social security per year, but the credits are based on how much youâve earned.
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Chapter 1: Legal Representation For Administrative Appeals
Hiring Legal Counsel to Help with Administrative Appeal
Some claimants try to appeal a denied long term disability claim on their own. A typical example is to prepare a one-paragraph or one-page appeal letter stating something similar to, I appeal your decision. Please reconsider.
If you have read through this disability guide, by now you know that this method is destined to fail. What matters most is the evidence and records you submit with your disability appeal letter.
Skilled legal counsel can make the difference in winning on appeal. To file a successful appeal, a disability attorney will help you prepare all necessary documentation, talk with your doctors, obtain statements from witnesses, consult with qualified vocational experts, and use the latest science and technology to investigate and build the details of your case.
A seasoned attorney will perform many tasks including:
- write the appeal letter to address every one of the insurance companys allegations;
- contact medical and vocational experts to obtain assertive expert opinions;
- send you for a functional capacity exam or other appropriate medical exam;
- obtain updated medical records, and
- investigate the claims file to check for improper procedures or other discrepancies in the insurers handling of the claim.
A few of the legal strategies an attorney will use to put you in the best position to win your appeal are described below.
Load the Administrative Record
Recent Studies Regarding Possible Updates To Agent Orange
Recommendations have been made to the VA by the Institute of Medicine regarding recent information about Agent Orange related diseases. The U.S. Department of Veterans Affairs is not bound by OIA committees recommendations. At the time of this writing, VA is reviewing these findings, and has yet to take action towards implementing any of them.
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Chapter : The Administrative Law Judge Hearing
The most important level of appeal before the Social Security Administration is what is known as an ALJ Hearing. The hearing is informal and is conducted by an Administrative Law Judge . The hearing takes place in the third step of the appeals process.
The hearings are usually conducted in a small conference room with the judge versus an official-looking courtroom. The hearing is recorded by a person known as a hearing monitor. All testimony is taken under oath, on penalty of perjury.
The hearing generally lasts about an hour to an hour and a half. It is seldom that these hearings take more than two hours.
The Administrative Law Judge
An ALJs job is to issue an independent decision on your Social Security disability case. The decision should not be influenced by the fact your case was initially denied or reconsidered.
Fortunately, more than half of the ALJ decisions nationwide are in favor of the claimant.
Informal Non-Adversarial Hearing
The ALJ hearing is a non-adversarial hearing, which means there is no lawyer on the other side who is going to ask you questions . The hearing is solely for a judge to find out the facts about your disability claim by asking you questions and/or calling other professionals to testify.
Who Comes to the Hearing
Besides these officials and the hearing monitor, no other persons are able to attend the hearing without your permission.
What Questions Will the ALJ Ask?
Your Initial Clain Is Denied
If your initial claim gets denied, you want to appeal the decision.; You have up to 180 days to ask for a reconsideration.; In that time, you need to collect more medical evidence, and at this time, it is highly advised to hire a disability lawyer to help with your case.Once you appeal, the insurance company has 45 days to make a decision.; They can request an additional 45 days if they do not feel they can make a decision.Here is the timeline your insurance company must follow in your long-term disability claim.;
Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medical aids or devices
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Youve Paid Enough Social Security Taxes
One of the first requirements to qualify for SSA benefits is that you must have enoughwork credits.
What are work credits?
When you work in jobs that pay social security taxes, you can earn up to 4 work credits a year. Under social security rules, you need to earn at least 40 work credits to qualify for disability benefits. Twenty of which must have been earned in the last 10 years. But younger workers may also qualifyeven with lesser credits.
If you dont have enough work credits, its impossible to get Social Security Disability Benefits . But you can still apply forSupplemental Security Income .
File Using The Fully Developed Claim Program For Fast
Recently introduced to the disability claims process is the concept of the Fully Developed Claims . Fully Developed Claims are part of the VAs response to expediting disability compensation claims and dealing with the tremendous backlog. Claims submitted under the FDC program may be processed by the VA within 30-60 days of submission.
Successful original claims under the FDC program will result in an extra years worth of compensation. Once you begin your FDC, you have one year to complete it online. If VA approves your claim, you will be paid back to the day you began your claim.
As a disabled veteran filing a FDC, you must assume the burden of collecting the necessary documentation, and assembling and preparing your claim without any help from the VA. You waive your rights to VAs normal Duty to Assist you in your claim.
The theory is that because your claim is fully developed it is comprehensive and perfected you are providing everything the VA needs to make a just decision. Aside from ordering medical exams and possible Federal records, all the VA has to do is review your claim and make a determination on it.
While this method does not guarantee an award of benefits, VA hopes the fast track, and for original claims additional benefits, are sufficient incentives for veterans to navigate the military records system and undertake the Veterans claims process on their own.
Fully Developed Claims are optional, and may be filed for
- veterans pension
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