You can only receive Social Security disability benefits if you have paid enough into the Social Security system. The Social Security Administration (SSA) determines whether you qualify based on the number of work credits you have earned and your age.
Each year, work credits are calculated from your income taxes. The amount that you must earn before earning a credit is re-evaluated and adjusted as needed according to the average wage index—the constant being that you can only earn four credits in one year, no matter how large your income.
Work Credits Needed for People Age 31 and Older
For applicants born after 1929 who became disabled from age 31 to 61, the number of work credits you need will change every couple of years. To illustrate:
- Ages 31–42: 20 credits are needed
- Age 44: 22 credits are needed
- Age 46: 24 credits are needed
- Age 48: 26 credits are needed
- Age 50: 28 credits are needed
- Age 52: 30 credits are needed
- Age 54: 32 credits are needed
- Age 56: 34 credits are needed
- Age 58: 36 credits are needed
- Age 60: 38 credits are needed
- Ages 62 or older: 40 credits are needed
Keep in mind that as long as you aren’t applying due to blindness, at least 20 work credits must have been earned in the ten years prior to filing.
Work Credits Are Just One Important Piece of Social Security Disability Eligibility
Once you determine that you have the necessary work credits to apply for Social Security disability, you will need to prove that you are eligible for benefits because you have a qualifying disability that will keep you from working for 12 months or longer or that is expected to be fatal.
Applying for Social Security disability benefits can be confusing, but it is important to your future. If you have questions about Social Security disability eligibility or the claims process, we encourage you to contact us directly to schedule an initial consultation. You can also request a FREE copy of our book, Social Security Disability: What You Need to Know to learn about protecting your rights.
Many Navy veterans are concerned about asbestos exposure, and with good reason. Symptoms from exposure-related illnesses can take 20 to 50 years to manifest. Unfortunately, by this point, illnesses have usually progressed to advanced stages. Thus, it is important for Navy veterans to know if they may have been exposed to asbestos, to know what health conditions could develop because of that exposure, and to understand the veterans’ disability benefits they may receive if they become sick.
How Asbestos Was Used in Navy Ships
Until restrictions were placed on its use in the 1970s, asbestos offered a heat- and fire-resistant building material that was both inexpensive and durable. Though it was most often used in areas that needed a degree of heat resistance, U.S. Naval vessels of the era used the material in hundreds of applications: from boiler rooms and ammunition storage rooms to bunkers and the mess hall.
The most hazardous areas of U.S. Naval vessels for asbestos exposure were below deck. Navy veterans with the most exposure risk will have spent a lot of time in the lower areas of the ship, such as the:
- Engine room
- Boiler room
- Pump room
However, asbestos-sealed wiring and pipes were often exposed for ease of access throughout the ship—meaning it was possible for a veteran to sleep in a bunker beneath materials that were regularly shedding asbestos fibers.
The Dangers of Asbestos Exposure
People who are exposed to asbestos may breathe in the tiny asbestos fibers and suffering lung-related illnesses, such as:
- Asbestosis
- Lung cancer
- Mesothelioma
All of these conditions are serious and require a prompt medical diagnosis and quick treatment.
Veterans’ Benefits May Help If You Become Sick
If you are a veteran who was not dishonorably discharged, were exposed to asbestos while in military service, and have developed an asbestos-related illness, you may be eligible to receive veterans’ disability benefits. Our experienced disability lawyers will work hard to get you the full benefits you deserve. Please contact us via this website or by phone today to learn more.
It’s not at all unusual for a veteran to feel the way your friend did about the interview segment of a C&P—or Compensation and Pension—Exam.
The first thing you should remember is that the Department of Veterans Affairs (VA) physician handling the exam is trying to obtain the best possible understanding of your situation. Because of this, the questions he or she asks will generally be with the purpose of determining or confirming the following:
- The details of your health condition
- How your health condition impacts your day-to-day life
- If and how the health condition is related to your time in the service
Many of the questions in the C&P interview might make you feel uncomfortable, vulnerable, or like the doctor doesn’t trust you. However, no matter how the questions make you feel, keep in mind the following:
- It’s important to the success of your claim that you are honest and responsive. Don’t overstate the impact of your condition, but don’t underestimate it, either. Take as much time as you need to give detailed and thoughtful answers.
- Always treat the physician with respect, no matter how you feel about him personally. Shutting down will hurt your claim tremendously.
You are allowed to bring a friend or family member with you to the exam if that makes you more comfortable. However, your friend or family member cannot answer questions on your behalf. The physician wants to hear from you.
Keep in mind that the VA encourages you to report any negative experiences with your C&P physician examiner as soon as possible. You can do that by contacting the physician’s supervisor, a VA patient advocate, or by calling the number on your appointment letter.
If you need more help in preparing for a C&P exam or any other aspect of the veterans’ disability claims process, please contact our experienced veterans disability benefits attorney for a no-cost consultation today.
Yes, your daughter may qualify for Social Security disability benefits even if her IQ is not quite low enough to qualify her as having an intellectual disability. However, building a compelling case for Social Security disability benefits will involve a lot of legwork and a thorough knowledge of how the Social Security disability system works.
Borderline Intellectual Functioning
If your daughter’s IQ is between 71 and 84, she is in the range of borderline intellectual functioning (BIF). People with BIF do not have an intellectual disability for purposes of Social Security disability benefits, and if a lower-than-average IQ score is her only issue, then she won’t be able to obtain benefits.
However, if your daughter has mental functional capacity issues that extend beyond her IQ score, she may qualify for Social Security disability benefits.
How to Help Your Child Prove That She Qualifies for Social Security Disability
Before you have your child apply for Social Security disability, it is important to gather all of the information that will be relevant to her application, including:
- Medical evidence, including a mental Residual Functional Capacity (RFC) form completed by her primary physician.
- Statements from teachers, former supervisors, and anyone who has instructed, trained, or worked with your daughter.
- Job and education-related assessments and reviews.
- Any documentation describing disciplinary action or reasons for discharge from former employers that will support your claims of her other limitations.
You may also want to seriously consider hiring an experienced disability attorney to help you navigate the challenges of proving your daughter’s disability claim in spite of these special circumstances. To learn more, call Morgan Weisbrod today. Our compassionate and skilled team is here to answer your questions and to help your daughter get the disability benefits she deserves.
It used to be that most Texas veterans could complete their initial veterans’ disability applications without even needing to consider an attorney’s representation.
While it could be argued that this is still the case for many veterans, issues like the backlog in the Department of Veterans Affairs and the difficulties of substantiating disabilities related to neurological or emotional health are changing the general rule. Now, some veterans are deciding to talk to an attorney before their initial filing for disability benefits to ensure everything is on track.
This Can Be a Smart Decision
It might be a good idea to consider hiring an experienced veterans’ disability attorney if:
- You know from the outset that it will be difficult to substantiate your claim that a disability exists or is service-connected.
- Your disabilities result from an unreported sexual assault.
- You are filing a disability claim more than five years after leaving the service for an issue that was not documented before you left.
- An agent from a veterans’ service organization recommends your case would benefit from you hiring an attorney.
- You will require a discharge upgrade to receive the necessary benefits.
Additionally, if you have already applied for benefits and been denied or you disagree with your disability ratings score, it is important to hire an attorney to help you protect your rights during the appeals process.
Don’t Worry About Calling a Disability Lawyer Too Early
You aren’t making any commitment by contacting an attorney. If we believe you can handle filing a veterans disability claim on your own, we will tell you that. Likewise, if we believe we can help you get the veterans disability benefits you deserve, we will explain how we can do that.
The disability attorneys of Morgan Weisbrod have the knowledge and experience necessary to help you get your veterans disability benefits case on track and headed toward the best possible outcome. Please contact us any time—via this website or by phone—for more information about how to protect your rights.
While it’s true that providing the Social Security Administration with a Residual Functional Capacity (RFC) form completed by your treating physician is not required as part of your application for Social Security disability benefits, the form plays a crucial role in the decision process, and will be completed either way. If you haven’t provided a form from your doctor, then one will be filled out at Disability Determination Services (DDS) by a medical consultant who will work off your records.
Won’t My Medical Records Tell DDS Everything They Need to Know?
Although your medical records will contain comprehensive documentation of your disabilities, they will not contain a full picture of the impact your disabilities have on your ability to consistently perform the functions necessary to maintain employment. That kind of insight can only come from a medical professional who has an ongoing relationship with you. This is why significant weight is given to an RFC form completed by your physician.
So while it’s tempting to “let your medical records speak for themselves,” especially if your doctor charges a fee to complete the RFC form, it’s in your best interest to have your doctor fill out the form. Typically, the fee charged by your doctor is small and the benefit to having your doctor complete the form is significant.
There Are Many Decisions to Make When Applying for Social Security Disability
Each decision—such as whether to have your doctor complete the RFC form—can have important consequences in your eligibility determination. Accordingly, it is important to make sure that you are making the right decisions for your claim. You can begin getting the advice you need about the Social Security disability application process or appeals process now by contacting our board-certified disability attorneys via this website or by phone. Additionally, we invite you to download a free copy of our book, Social Security Disability: What You Need to Know, for more important information.
Individual Unemployability (IU) is a type of disability compensation offered by the Department of Veterans Affairs (VA). IU pays out disability benefits at the total, or 100%, disability rate even though the veteran’s service-connected disabilities have been rated at a lower level if the veteran is unable to engage in substantially gainful employment. The option provides a safety net for veterans who find themselves unable to work because of their service injuries but who do not receive a total disability rating.
Do You Qualify for Individual Unemployability?
In order to qualify for IU compensation, the veteran must be unable to maintain “substantially gainful employment” because of his service-connected disabilities.
Substantially gainful employment describes employment where a non-disabled individual is able to earn an income level appropriate for that occupation in the community where the veteran lives. This would be a job providing the veteran with full-time employment at a liveable wage.
This Doesn’t Include All Employment Opportunities
For VA purposes, marginal employment is not viewed as substantially gainful. Marginal employment describes employment where the veteran’s earned income is not more than the poverty level established by the U.S. Census Bureau for the community where the veteran lives. Thus, you may be able to work part time or do odd jobs and still qualify for IU disability benefits.
Get the Information You Need So You Get the Benefits You Deserve
If you are a veteran and you think you may qualify for IU disability compensation from the VA—or if you have any questions about the VA disability benefits application and appeals process—consider reviewing your case with an experienced veterans’ disability attorney as soon as possible. We can help you fill out VA form 21-8940, “Veteran’s Application for Increased Compensation Based on Unemployability,” and advise you about the steps you should take to protect all of your rights.
Though only a medical professional can diagnose and treat complications arising from severe burn injuries, there are some issues that tend to commonly affect veterans with service-connected injuries of this nature. If you’ve been burned, it is important to know what conditions may affect you and whether you may be eligible for veterans’ disability benefits.
Burn Complications Can be Serious and Disabling
Some of the issues that tend to come up following econd, third, and fourth degree burns include:
- Loss of sweat glands. Burns that penetrate into the dermal layer can destroy sweat glands. This cannot be corrected through skin grafting. Affected areas of the body will not be able to sweat and regulating your own body temperature may be impossible.
- Scarring. Scars can be painful and disfiguring.
- Infection. Infections can require significant medical treatment and compromise your health.
- Contractures. If you have this condition, the skin surrounding the burn pulls too tightly together and prevents the affected joints from moving freely.
- Psychological complications. This may include post-traumatic stress disorder (PTSD), sleep disorders, or depression. These can result either from the incident that caused the injury or lengthy periods of continual, extreme pain during the recovery process. Veterans who experience psychological complications must also seek treatment from mental health professionals.
If you suffer from any of these burn complications because of an injury sustained during your service to our country, it is important to know how to apply for veterans’ disability benefits.
Talking to a Veterans’ Disability Lawyer Is the First Step
Even if you qualify for veterans’ disability benefits, your receipt of benefits will not be automatic. You need to apply to the Department of Veterans Affairs and provide information about your service, your discharge, and your disability. You can save time and get the benefits you deserve by talking to an experienced veterans’ disability lawyer about your rights and about how to complete your application. For more information, please contact us any time via this website or by phone. We would be happy to talk to you about getting the fair benefits you deserve.
According to the Internal Revenue Service (IRS), disability benefits received from the Department of Veterans Affairs (VA) should not be included with your gross income on your federal tax returns. These benefits are specifically excluded by federal law. Additionally, Texas does not currently have a state income tax so your disability benefits will not be subject to state income tax if you reside in Texas.
Other Veterans’ Disability Benefits Are Also Excluded From Your General Income
Your monthly veterans’ disability benefits are not the only veterans’ disability benefits that are excluded from your general income for tax purposes. Other federal veterans’ benefits that are not taxable include:
- Grants to make your home wheelchair accessible
- Grants for vehicles that need to be modified because of your disability
- The proceeds of a veterans’ endowment policy
- Veterans’ dependent care assistance program benefits
- Survivor’s death gratuity payments
- Work therapy program payments made or compensated by the Department of Veterans Affairs
- Sustenance allowances
- Education and training compensation
Any other disability benefits you receive through programs that are not run by the Department of Veterans Affairs may be subject to different tax rules.
Pay What You Owe
As a veteran of the United States armed services, you deserve to get all of the benefits to which you are legally entitled. This includes the full amount of disability benefits for which you qualify. You should not subject yourself to paying more in taxes than you legally owe unless you wish to do so voluntarily.
If you have any questions about state or federal tax liability for your veterans’ disability benefits, it is important to speak to your accountant directly. Similarly, if you have any questions about your eligibility for veterans’ disability benefits, you should speak to an experienced Texas disability lawyer at Morgan Weisbrod. Please contact us via this website or by phone to schedule a meeting and to make sure you get the fair benefits you deserve.
Generally, there are four different levels of appeal when it comes to your Social Security disability claim. You may have the right to appeal your Social Security disability claim in a:
- Request for consideration
- Administrative law judge hearing
- Appeals Council proceeding
- Federal Court review
Although this means, in theory, that you have four different opportunities to appeal your case, it does not necessarily mean that you can or should appeal at each level. In most cases, claimants who have their initial appeal denied will appeal twice: they will file a request for consideration (the Social Security Administration (SSA) only grants about five percent of these requests), and they will go to an administrative law judge hearing.
The Appeals Council selects disability claim cases to review—and often it chooses cases in which an interesting issue is raised or in which substantial evidence has come to light. Only a handful of cases find success at this level.
After the Appeals Council, you may file a lawsuit against the SSA in federal court. Although this option gives you a better chance at success than the Appeals Council, it can be a long and possibly expensive process.
Make the Social Security Disability Appeals Decisions That Benefit You
Your aim should be to appeal as few times as possible because your ultimate goal is to get the fair Social Security disability benefits you deserve quickly. Thus, it is important to put in as much work as you can to get your application approved the first time or at the next level of appeal so that you can avoid the time, the expense, and the frustration of further appeals.
To find out more about the appeals that you should file and about how to protect your rights, please contact a board certified disability lawyer today for more information. We will help you make the right decisions about your claim.
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