We Have The Answers To Common Questions Regarding Social Security And Veterans’ Disability Benefits

It was smart of you to speak to your doctor about Social Security disability before you started the application process. Some doctors hold negative beliefs about the program and it’s better to know about the problem in advance so there are no unpleasant surprises further down the road.

This is a difficult situation and you might want some in-person advice before taking the next step. A skilled Bellaire disability attorney will have dealt with uncooperative doctors before. He or she might be able to talk your doctor through some of her reservations—at the very least, you’ll have an informed opinion if the situation is truly unworkable.

What does the SSA look for in a treating physician?

• Time. One of the largest assets to your case is the opinion of a doctor who has treated you for many years; changing doctors before applying for disability benefits is something that should only be done under extreme circumstances.
• Experience. The doctor should have access to your full medical history as well as up-to-date records about your medical condition.
• Cooperation. Your treating physician will need to fill out forms and perform tests as documentation for your case.

Need to know more? Don’t wait another day—talk with an experienced Houston disability benefits attorney at Morgan & Weisbrod. Call toll-free (214) 373-3761 or fill out the online form.

As part of your claim for veterans’ disability benefits you likely will need to submit copies of both your medical and military service records. To succeed on a claim, applicants must demonstrate a relationship between an injury suffered during military service and an ongoing disability. Obtaining these records can feel confusing for those who have never done so in the past. Fortunately, a Houston veterans’ disability attorney can assist you through this process.

It is important to note that obtaining medical and military service records is not one in the same. Medical facility records and military service records are actually stored in different places. The following is an overview of helpful tips for obtaining the records that you need to bring forth a successful disability claim:

• To obtain copies of military records, write to the National Personnel Records Center in St. Louis, Missouri.
• File a form SF180 in order to obtain records.
• Obtain a form SF180 form your local VA office, either by visiting the office in person or calling and requesting that a form be mailed to you.
• In your letter to the National Personnel Records Center, state the period of time that you were hospitalized, where you were treated, and request copies of the treating facility’s records.
• Write to any doctor or treating facility where you received medical treatment for your disability following your military service.

Obtaining these records is a vital aspect of preparing your claim for benefits. For more helpful tips about veterans’ disability benefits, like our Facebook page today. The attorneys at Morgan & Weisbrod are extensively experienced and knowledgeable about this complex area of the law.

Actually, there is no need to apply because the Defense Finance and Accounting Service (DFAS) automatically add Concurrent Retirement and Disability Payments (CRDP) benefits to the monthly compensation checks of eligible veterans—typically service people who’ve retired under one of the following stipulations:

• After 20 or more years of service
• Under Chapter 61
• Under Temporary Early Retirement Authority
• After 20 or more years in the National Guard and Reserve

If you aren’t receiving CRDP and believe that you should be, you can contact DFAS directly by calling its toll-free number: 888-332-7411. Veterans are also able to reach out to their branch of the military service:

• Air Force: The United States Air Force Personnel Center, 800-616-3775.
• Army: United States Army Human Resources Command, 888-276-9472.
• Navy and Marine Corps: Navel Council of Personnel Boards, 877-366-2772.

If it’s determined that you weren’t receiving CRDP when you should’ve been, you may receive a retroactive lump-sum check from either DFAS or VA to make up the difference.

If you have any problems in the process, consider enlisting the help of an experienced Dallas veterans’ attorney.

Are you receiving all the Dallas VA disability compensation you are entitled to? Don’t keep guessing—set up a no-cost consultation with Morgan & Weisbrod today. Call (214) 373-3761 or fill out the online form. Don’t wait another day.

Each month, the Social Security Administration completes a report called the Average Wait Time Until Hearing Held, formerly named the NESTAT report. This report estimates the average length of time applicants have to wait for hearings and appeals on their cases. You will be able to find estimates here for every Social Security office—including the offices in Dallas, Fort Worth, Houston, and San Antonio.

According to the latest information available, in May 2017, the wait for a hearing was:

• 15 months in the Dallas Downtown office
• 12 months in the Dallas North Odar office
• 13 months in the Fort Worth office
• 12 months in the Houston North office
• 20 months in the Houston Bissonnet office
• 15 months in the San Antonio office

Hearing offices are also ranked nationally by the average number of days that it takes them to complete a hearing request. As of May 26, 2017, the Texas offices ranked as follows:

• The Dallas Downtown office ranks 30^th in the nation, with an average of 532 days to complete a hearing request.
• The Dallas North Odar office ranks 11^th in the nation, with an average of 457 days to complete a hearing request.
• The Forth Worth office ranks 14^th, with an average of 465 days to complete a hearing request.
• The Houston North office ranks 4^th in the nation, with an average of 403 days to complete a hearing request.
• The Houston Bissonnet office ranks 77^th in the nation, with an average of 594 days to complete a hearing request.
• The San Antonio office ranks 27^th in the nation, with an average of 528 days to complete a hearing.

To put this in perspective the office that ranked number one was the Mayaguez office with an average wait of 154 days and the office that ranked last at 164^th was the San Juan office with an average wait of 851 days.

Why the Wait?

There is no single reason. Some of the factors that may contribute to the wait for a hearing can include:

• How many facilities are in the region
• How many cases are pending for appeal
• Staffing levels
• The evaluation style of each administrative law judge (ALJ)
• Overall efficiency levels at each facility

It’s important to read all the disclaimers and remember that information gathered from any of the public-use files at the SSA.gov site are only estimates derived from information gathered at earlier points in time. It is possible that these estimates may not reflect your personal experience.

If you are appealing a Social Security disability decision, we encourage you to learn more about your rights and to talk to an experienced attorney who can help you through the appeals process efficiently. Please download a FREE copy of our book, Social Security Disability: What You Need to Know and contact us directly via this website or by phone to learn more.

It can be shocking and upsetting to receive notification that your application for veterans’ disability benefits was denied – or that your disability rating is lower than you were expecting. After getting over the shock of your results, however, you have a decision to make: should you appeal your claim or not?

To make that decision, it is first necessary to understand exactly why your claim was denied. Was your application missing a key piece of evidence? Did they feel like you didn’t clearly prove your disability? Did they write that you did not connect your health problem with your military service? If you were denied for a reason that doesn’t make sense to you, you will probably want to appeal.

It is important to realize that the VA makes mistakes – even they admit that their claim processing error rate is around 15 percent. If your claim was denied, it is absolutely not rare for a simple mistake to be the cause of your denial.

At Morgan & Weisbrod, we can review your disability benefits claim application and help you understand why your claim was denied – and whether it would be worthwhile to appeal your claim. To schedule a free, private meeting with one of our Texas veterans’ disability lawyers, call us today at (214) 373-3761.

Since 1973, the Social Security Act has provided for annual cost of living adjustments (COLAs) to ensure that the amount Social Security beneficiaries receive grows at the same pace as inflation in the United States. The idea behind the COLA is that as food, shelter, and other necessities become more expensive, benefit checks for those receiving Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) will also grow.

The COLA increase is calculated using a formula provided by the Social Security Act that involves the Consumer Price Index for Urban Wage Earners and Clerical Workers – information provided by the Bureau of Labor Statistics. Unlike veterans’ disability benefits COLAs, Social Security COLAs are not voted on by federal lawmakers, but rather calculated and approved by the Social Security Administration (SSA).

There may not be any COLA increases at all in years of poor economic growth or low inflation in the United States. During the recent recession, there were no COLA increases in 2009 or 2010. However, during better economic years, COLA increases have been as much as 14 percent, though normally the number hovers between one and five percent.

If you have a question about your Social Security disability claim, talk to a Texas SSDI attorney today for answers. Contact Morgan & Weisbrod today.

It is extremely disappointing to learn that your application for Social Security disability benefits has been denied by the Social Security Administration (SSA). However, it is extremely important to know that the SSA denies two out of three of the disability claims it receives and that mistakes do happen.

If your SSDI disability claim or SSI disability claim has been wrongfully denied, it is important to act quickly:

• Understand why your claim is denied. Just because your claim was denied doesn’t mean that you aren’t disabled or that you are able to work despite your disability. You could have failed to provide medical records, failed to prove that you can’t work, or simply not filled out paperwork correctly.
• Request an appeal within 60 days. Generally, you have two months to officially appeal your claim. The faster you file your appeal, the faster you will proceed through the appeals process and secure the benefits you deserve.
• Don’t simply reapply for benefits. Far too many applicants make the mistake of reapplying from the beginning of the process instead of appealing their original claim. In many of these cases, your benefits will be denied again, and you will once again be faced with the option to appeal.
• Contact a legal representative. An experienced Texas disability attorney can help you understand exactly why your claim was denied and help you successfully through the appeals process. At the very least, a lawyer can help you decide whether an appeal is worthwhile. To speak with a Dallas Social Security lawyer today, call Morgan & Weisbrod at (214) 373-3761.

The Direct Express Debit MasterCard is one of two choices that Social Security disability recipients and Supplemental Security Income (SSI) recipients have for receiving paperless monthly checks. The second option is a direct deposit of funds into your bank or credit union account. Paperless options are safer and more secure than getting a check in the mail and also more convenient choice for many.

The Direct Express debit card is ideal for those who do not have a bank account, though anyone may request a card. Each month, your Social Security benefits will become available on the card, which you can use to make purchases directly or to get cash at ATMs. While your first ATM withdrawal of the month is free, subsequent withdrawals cost 90 cents each. There are also fees to use your card abroad and to transfer money from your card to a bank account.

When the Social Security Administration switches over to an all-paperless payment system next year, check recipients will have to choose between this option or a bank deposit option.

Do you have a question about your Social Security benefits or a denied Social Security claim? Speak with a Dallas Social Security disability attorney at Morgan & Wiesbrod today at (214) 373-3761.

Yes, you may receive both Social Security disability benefits and workers’ compensation benefits at the same time – but note that your Social Security payment may be reduced depending on how much your workers’ comp payments are. In general, if your injury or health condition is work-related and if your disability is expected to last for a year or more, you could qualify for both types of benefits.

When you receive an on-the-job injury that will likely result in a disability, it is very important to begin the process of applying for both workers’ compensation and Social Security disability benefits. Workers’ compensation is paid through your employer, who most likely holds workers’ compensation insurance. Social Security disability benefits are paid by the federal government out of a fund that you have contributed to throughout your employment history.

It is also important that you report your income from workers’ compensation and your income from Social Security disability so that you can be sure to receive the correct payments and avoid violating the law.

Receiving both Social Security disability benefits and workers’ compensation benefits can be confusing – to learn more about which programs you are eligible for and what you need to do to receive the maximum support in the wake of your injury or diagnosis, contact a Houston disability attorney at Morgan & Weisbrod today.

Disabled veterans who receive disability pension payments for their service-related impairments and health conditions will see a 3.6 percent increase in their monthly payments beginning in January 2012. The increase in their compensation is due to a cost of living adjustment (COLA) – an increase in pay based on the rising cost of goods and services across the country, such as food, clothing, and transportation.

The last COLA increase took place in 2008. Since then, the weak economy and stalled inflation rates have meant that the cost of living in America froze until this year. Social Security disability benefits will also see the same COLA increase this year.

The VA cost of living increase in 2012 will affect disabled veterans, their families, and the survivors of deceased veterans. A veteran with a ten percent disability rating will now receive $127 per month, while a veteran with a 100 percent disability rating will receive $2,769 per month.

The Department of Veterans’ Affairs encourages all veterans to review their benefits and their COLA increases online.

If you are a veteran with a service-related disability and believe you deserve benefits, contact a Texas veterans’ disability lawyer today for assistance. Call Morgan & Weisbrod today at (214) 373-3761.