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.
Yes, you may be eligible for veterans’ disability benefits if you were in the National Guard and you were hurt during active duty. A member of the National Guard is considered to be on active duty if the member is serving:
- During a national emergency
- During an international conflict
- By participating in basic combat training
- By participating in advanced individual training
- By participating in annual training
- By participating in active duty training
- By participating in weekend drills
Recent examples of National Guard members being called into active duty include the conflicts in Iraq and Afghanistan and Hurricane Katrina.
You Must Qualify for Benefits
It is important to note that although those in the National Guard who are injured during active duty can receive veterans’ disability benefits, each individual case is different and each case must also meet the requirements of any other veterans’ disability claim. For example, your claim must prove that your condition was caused by or exacerbated by your active duty and you must not have been dishonorably discharged.
Are National Guard Members Treated Fairly?
According to recent data collected through the Freedom of Information Act, it is significantly harder for National Guard members and reservists to receive veterans’ disability benefits than it is for other service members. The data shows that reservists who served in Iraq and Afghanistan after 9/11 were four times more likely to be denied benefits than active duty military members.
Out of approximately 70,000 military men and women who have been denied VA disability payments, 60 percent of denials were issued to National Guard members and reservists, even though this segment makes up only 40 percent of the veteran population.
Talk to a Disability Lawyer About Your Rights
In order to know if you should apply for veterans’ disability benefits, please contact a Texas disability benefits attorney about the details of your case and your history in the National Guard. Morgan Weisbrod offers all veterans a free, private meeting in which you can discuss your disability and your plan for the future. Call today for more information.
Veterans’ disability benefits are generally only available to veterans who were discharged under other than dishonorable conditions. In other words, you may be eligible for veterans’ disability benefits if you received an honorable discharge or a general discharge from the military, but you are not eligible if you received a dishonorable discharge.
Dishonorable Discharges May be Appealed
A dishonorable discharge is only handed down to those who have been court-martialed for a serious offense, such as desertion or assault. It is possible to appeal your dishonorable discharge and perhaps get it downgraded to a different type of administrative discharge—even a few years after your military service ends. If you believe that your dishonorable discharge is incorrect, you should take action to protect your rights and any veterans’ benefits that may be rightfully available to you.
You Don’t Need an Honorable Discharge to Get Veterans’ Disability Benefits
You may be eligible for veterans’ disability benefits if you received a bad conduct discharge (BCD) or an other-than-honorable discharge (OTH). In these two cases, you may wish to speak to a veterans’ disability attorney about your case. While some former service members have successfully fought for VA disability benefits despite an OTH discharge, others have been denied. Your case may depend on the reason for your discharge and whether it was related to your physical and mental health issues at the time.
Don’t Delay Getting Help With a Veterans’ Disability Claim
Veterans’ disability benefits can have a significant impact on your future. If you think you may qualify for such benefits, or if you have questions about your eligibility for veterans’ disability benefits, we encourage you to contact an experienced disability lawyer as soon as possible to discuss your case and to make sure your rights are protected. Please call us today or reach out to us via this website for additional information.
Yes, you can receive Social Security disability benefits if you have been diagnosed with a terminal illness and you meet the requirements of the Social Security disability program. In fact, your application for benefits may be expedited through the Social Security Administration’s terminal illness program known as TERI.
Are You Eligible for TERI?
According to the Social Security Administration, you may be eligible for TERI if you are diagnosed with “a medical condition that is untreatable and expected to result in death.” Some conditions, such as amyotrophic lateral sclerosis (ALS), may automatically classify your application as a TERI case. Other conditions that are often added to the TERI program include some forms of cancer, chronic heart failure, fatal genetic issues in newborns, and those on life-sustaining devices such as a ventilator.
You may claim that you have such a condition in your Social Security disability application, or the Disability Determination Services (DDS) may identify your application as a TERI case based on the content of your application.
DDS is not required to tell you that your case is being considered as a TERI case and is specifically instructed by the Social Security Administration not to use the word terminal in anything that is made available to you.
Who Makes Sure TERI Cases Are Expedited?
That is the responsibility of DDS management and the Social Security Administration’s field offices. DDS management is supposed to follow up on a TERI case every 10 days until an eligibility determination is made. If a determination is not made within 30 days, the field office should become involved.
If you are suffering from a terminal illness and you qualify for Social Security disability, you have the right to have your application expedited and to start receiving benefits as soon as possible. An experienced Social Security disability lawyer can help you get the benefits you deserve. Please contact us today to learn more.
Often, a disability impacts more than just your ability to work. It could also impact your ability to manage your money or to pay your bills on time, for example. In these cases, the Social Security Administration allows Social Security disability representatives to have a representative payee appointed.
What Is a Representative Payee?
A representative payee will receive a Social Security disability recipient’s monthly benefits and use that money for the benefit of the Social Security disability recipient. Specifically, the representative payee will use the money from the disability payments to pay for the Social Security disability recipient’s rent, mortgage, utilities, food, clothing, personal care and home care items, medical expenses, and to cover any other necessary expenses. Extra money can be used on entertainment, education, or home improvements for the person with the disability or can go into a savings account for the benefit of the person with a disability. A payee should never use the disability payments for something other than the benefit of the Social Security recipient.
Who Is the Representative Payee?
A payee is usually a family member, partner, close friend, or loved one. However, payees are sometimes a nursing home, an adult care facility, or another institution.
If you think your loved one needs a representative payee and you are willing to serve in that role, you should:
- Speak with your loved one about his needs and whether he would like assistance with his finances and care.
- Call the Social Security Administration or stop by a local office and let them know about the situation.
- Collect a note from your loved one’s doctor as well as important personal information, such as a Social Security number.
- Let the Social Security Administration know if any changes take place that would require a change in payments, such as a deteriorating health condition, a new source of income or employment, or the death of your loved one.
Do you have questions about acquiring Social Security disability benefits or selecting a representative payee? Contact our experienced Social Security disability lawyers today to schedule an initial consultation and to get the advice you need to move forward.
Free Offer
