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

No, you are not required to have an attorney represent you during the Social Security disability application process or the appeals process.

You Have Choices

The Social Security Administration (SSA) does not require you to have an attorney. Instead, you have at least three options for representation. You may:

• Represent yourself. There is no requirement that you hire anyone to help you.
• Hire a Social Security disability advocate. An advocate must meet minimum requirements set forth by the SSA. An advocate must have a bachelor’s degree and must pass both a test and a criminal background check, for example. However, an advocate need not be an attorney.
• Hire a Social Security disability attorney. An attorney is a person who has met the high standards of the profession and has been admitted to the bar.

While you are not required to hire a lawyer, there are benefits to hiring an attorney.

What Are Those Benefits?

A Social Security attorney is well versed in disability law, in the SSA’s policies, and in the process of correctly and thoroughly completing an application for benefits. A lawyer can also make certain that you take the right steps, meet deadlines, and do everything legally possible to get you the support you deserve. This includes appearing before an administrative judge or going to court, if necessary, to protect your rights.

At Morgan & Weisbrod, we absolutely agree that not all people require a disability attorney and that in some cases a disability attorney is simply not necessary. We also understand, however, that we have the tools and the knowledge help those who have been wrongfully been denied disability benefits or those who have difficulty navigating the application and appeal processes alone.

For an honest evaluation of whether or not you need the assistance of a board-certified attorney, please contact our office for a confidential consultation. You can reach us via this website or by phone at your convenience.

The law does not require you to have an attorney in order to apply for veterans’ disability benefits. You have the right to handle your initial application and any necessary appeals on your own. However, before you decide whether or not to represent yourself, it important to understand the benefits that a veterans’ disability lawyer can provide you.

How a Lawyer Can Help

An experienced veterans’ disability lawyer can help you because:

• The law is complex. Veterans’ disability law is complicated and it changes often. It is important to know every aspect of the law as it applies to your application so that you can prevent your application from being denied because of a technicality that you didn’t know about.
• The process is complicated. Even when the rules remain the same, the process is complicated. You must complete your application precisely and in accordance with all required timelines and specifications. If you do not, your application may be rejected.
• The stakes are high. If you are found ineligible for veterans’ disability benefits, you will not receive the financial compensation you deserve. If your disability prevents you from working, this can have a significant impact on your family’s finances.
• You may be under a lot of stress. Having an experienced lawyer represent you can reduce the stress. You can be assured that your rights are being protected while you focus on things other than the paperwork necessary for a successful veterans’ disability claim.

For these reasons, it is important to consider hiring a lawyer for a veterans’ disability claim.

Talk to a Lawyer Before You Make a Decision

We understand that you have a lot at stake and that you likely have questions. You deserve to have all of those questions answered before you decide whether or not you need a lawyer to represent you in a veterans’ disability claim. If we believe you can handle your claim yourself, we will tell you that. Likewise, if we believe we can help you with the claim, we will explain why so you can make an informed decision. Please contact us today—via this website or by phone—to learn more.

You ask a good question because in order to have a claim for veterans’ disability benefits approved you are going to have to provide evidence of your eligibility to the Department of Veterans Affairs (VA).

Three Types of Records to Have Ready When You Apply

As you prepare your application, it is important to gather your:

1. Medical records. You may only be granted compensation if you can prove that your injury or condition was created or made worse by your active duty service in the military. To successfully do this, you should provide your medical history, your VA hospital records, your private hospital records, and any other health-related information that is relevant to your case.
2. Service records. To receive veterans’ benefits, you must verify that you served in the United States military and that you were not dishonorably discharged.
3. Family records. If you have dependents, such as a spouse or children, you need to provide proof. This might include your children’s birth certificates and your marriage certificate, for example.

Without these records, your veterans’ disability claim may be denied or you may receive an incorrect determination of your disability benefits. While you might have the right to appeal such a decision, it will delay your recovery of benefits unnecessarily. Accordingly, it is important to have all of your records ready when you first apply for veterans’ disability benefits.

Confused About What You Need?

There is an easy way to make sure that all of your paperwork is in order and that the VA has the information it needs to make a fair determination about your eligibility. You have the right to contact an experienced veterans’ disability lawyer who knows what the VA is looking for, who can tell you what documents to gather, and who can make a convincing presentation to the VA on your behalf. For more information about your rights or about how we can help you, please contact us directly via this website or by phone.

Unfortunately, not every veterans’ disability benefits claim that deserves to be approved gets approved on the first try. Sometimes, there is a mistake with the initial application that results in the denial of the claim. Other times, there is a mistake that is made by the regional office of the United States Department of Veterans’ Affairs (VA) that is reviewing your application. Either way, it is up to you to right the wrong by appealing the VA’s decision.

Whether your claim was completely denied or you dispute the amount of compensation that you will receive, you have a limited amount of time to take action and to protect your rights.

Here’s How You Do it

You can begin the appeals process right away by contacting an experienced veterans’ disability lawyer for help. Your appeal will begin when you submit a written statement to your regional VA office explaining that you disagree with their decision and wish to appeal. Next, you will submit an official form (Form 9) to the board within 60 days of sending the letter. After that, you will collect evidence regarding your appeal and request a hearing. Finally, after the hearing, you will receive a decision from the Board of Appeals.

If you still disagree with the board’s decision, you may appeal again, this time to the U.S. Court of Veterans Appeals for Veterans Claims.

Don’t Give Up Now

It can be frustrating and discouraging to have your claim denied, or your compensation undervalued, by your regional VA office. However, your fight for fair compensation is not over. You can still get the recovery you deserve if you know how to file an appeal and if you turn to an experienced Veterans’ disability lawyer for help. To learn more about what you can do now to protect your rights on appeal, please contact us directly via this website to schedule a confidential consultation.

If you have been injured or made ill while on active duty in the armed forces, or if a previous health condition was made worse by your service, you may be eligible for veterans’ disability benefits through the Department of Veterans Affairs.

But Before You Can Collect Benefits, You Must Apply for Benefits

You can apply for these tax-free benefits by filling out VA Form 21-526, Veterans Application for Compensation and/or Pension. This form will require you to submit specific information, including:

• Medical evidence showing that you are disabled. This includes information about your injury or illness and your medical records from doctors and hospitals.
• Information about your limitation. The VA wants to know if you are housebound, if you rely on someone else for assistance, or if you are in a nursing home.
• Information about your active service. This includes separation papers.
• Information about any Reserve or National Guard duty.
• Information about your dependents, including your spouse and children.

After submitting your application and other information, you may be examined by a medical professional at a VA hospital. After that, the VA will review your case and make a decision regarding the benefits you deserve.

You may file your veterans’ disability benefits claim online at the Veterans Online Application (VONAPP) website. You can also mail or take your application to the nearest VA office. It may be a number of months before you hear from the government regarding your application. If your claim is denied, then you may appeal their decision.

Save Time—Get Your Application Right the First Time

Applications that are incomplete or incorrect will be denied. This means more time without the benefits you’ve earned and that you deserve while you appeal the decision.

We understand that it can be difficult to talk about your medical condition, but we encourage you to find out more about whether you may qualify for veterans’ disability benefits and about how the process works so that you can make an informed decision about whether to apply for such benefits. Please contact us today for a confidential consultation.

Hiring an attorney does not automatically speed up the Social Security disability application process, but there are ways that a Social Security disability attorney can make sure that your claim is not delayed. Our staff of attorneys, paralegals, legal secretarial assistants and legal clerks is dedicated to keeping your claim running smoothly.

We Can Make Sure There Are No Unnecessary Delays

Specifically, our Social Security disability attorneys can:

• Save you time by doing the legwork for you. Necessary tasks such as obtaining medical records, special reports, and interrogatories can be very burdensome to you, but they are routine for us. We know what materials to ask for, how to ask for them, and how to ensure that they are received in a timely fashion.
• Make sure that your initial application contains all of the relevant information. Many initial Social Security disability applications are denied for failing to meet specific requirements. Our experienced lawyers can help prevent this from happening to you by making sure that your application contains all relevant information in the required format. This will help your application be approved on the first try.
• Monitor the status of your claim to make sure that it is being processed properly. Sometimes it is necessary to stay on top of the status of an application to make sure that it is being processed correctly.
• File any necessary appeals within the required time limits. We will also make sure that your appeal is received and processed correctly by the Social Security Administration (SSA).

Additionally, we can answer all of your questions in a timely manner and make sure that you are well informed about the status of your case.

The SSA has professionals working hard on its behalf and you deserve the same advantage. To find out more about the difference a board certified Social Security disability lawyer can make for you, please read our FREE report, Social Security Disability: What You Need to Know, or contact us directly via this website or by phone to schedule an initial consultation.

Once you are approved for Social Security disability, you will receive Social Security disability benefits beginning in the sixth full month after your disability began. Your monthly benefits will likely be directly deposited into your bank account.

What to Expect in Your Account

The amount that you receive each month is unique to you and is based on a complicated formula used by the Social Security Administration. The exact amount that you will receive will depend on your:

• Average lifetime earnings before you became disabled
• Other government provided disability benefits

In 2017, the average Social Security disability payment is $1,171 per month. However, it is important to note that many workers get more than or less than this average payment.

Social Security disability is not an entitlement program and your financial need should not be taken into account when determining the amount of your benefits.

Each year, the Social Security Administration considers cost of living adjustments according to a specific formula. Thus, at the beginning of each calendar year you may (or may not) see a small increase in your monthly deposits.

Make Sure You Get the Social Security Disability Benefits You Deserve

Our firm’s payment department exists solely to ensure the accurate payment of benefits to our clients. Many other law firms discontinue their services after you have won your case, but Morgan & Weisbrod continues to help clients even after claims are approved. We make sure that any benefits payable to you are computed and paid correctly.

We understand that your Social Security disability payments are important to you, that you’ve earned them, and that you depend upon them. Thus, we will do everything we can to help you get your initial application for Social Security disability benefits approved, to help you win an appeal if your application has been wrongly denied, and to make sure that you get the fair monthly benefits to which you are legally entitled.

To learn more about your rights, please download a free copy of our report, Social Security Disability: What You Need to Know.

You ask a good question. Before you can decide whether or not to hire a Social Security disability lawyer, you need to weigh the costs and benefits so that you can make an informed decision.

We Charge No Fees Unless We Are Successful

Our fees are governed by the Social Security Administration (SSA) and, therefore, we charge no more than 25 percent of your back benefits, up to a maximum of $6,000, if we are successful. Because the fees are set by the SSA, it will not cost you more to be represented by an experienced Social Security disability attorney at our firm than it would cost you to be represented by a lay advocate who is not an attorney.

The Financial Consequences of Failing to Hire a Lawyer Can be Costly

The majority of Social Security disability applications are denied. The SSA requires very specific information to be provided in a very precise way by Social Security disability applicants. Any application that fails to meet the SSA’s requirements will be denied and the applicant will be unable to recover Social Security disability benefits even if the applicant has a disability that qualifies him for such benefits—unless the applicant is successful on appeal.

You risk nothing by hiring a board certified Social Security disability lawyer, but you risk quite a bit if you fail to hire an attorney to protect your rights. Without Social Security disability benefits, you may find it difficult to pay for your medical bills and living expenses.

You don’t have to take this risk. Instead, we encourage you to contact us for a free, no obligation consultation. We will review your case and give you information about how we can help you so that you can make an informed decision about whether or not to hire a board certified Social Security disability lawyer to protect your rights. For more information, please contact us via this website or by phone to schedule your free consultation.

We can help you get the benefits you deserve by assisting you in all aspects of your Social Security disability claim. The specific actions we take depend on where you are in the Social Security disability claims process.

Actions We May Take to Help You

Our experienced board certified attorney may help you:

• Determine whether you are eligible for Social Security disability benefits. You have to meet specific requirements in order to meet the definition of disability set forth by the Social Security Administration. Specifically, your disability must be permanent and you must have paid in to the Social Security system.
• File an initial Social Security disability application. Many initial applications are deniedfor technical reasons. An attorney can help increase your chances of getting approval on your initial application.
• Appeal a denial of Social Security disability benefits. This may include representing you at administrative hearings and filing appeals in federal court. In preparation for your appeal, we will explain what issues are most important and prepare you for the questions the judge is likely to ask. If your case goes to federal court, we will provide written and oral arguments to support your claim.
• Get the monthly benefits you deserve. We won’t abandon you once your application has been approved or your appeal has been granted. Instead, we will make sure the monthly benefit being deposited into your bank account is the right amount.

Regardless of the specific stage of your Social Security disability claim, our attorneys can help you by reducing the stress you are under. You will no longer have to worry about whether your rights are being protected or about whether you are going to get the fair Social Security disability benefits you have worked for and deserve.

Instead, you will be able to trust that our board certified Social Security disability lawyers will protect your rights. To learn more, please read our free report, Social Security Disability: What You Need to Know, or contact us directly to schedule a free consultation.

You may be disappointed by the decision of the Department of Veterans’ Affairs. Your disability claim may have either been:

• Denied, or
• Awarded, but for much less than you believe is appropriate and fair.

Fortunately, you have options and your pursuit of fair disability benefits is not over yet.

But Your Time to Pursue an Appeal Is Limited

There are several steps you may need to take to protect your rights and each has a strict deadline associated with it. After your veterans’ disability claim has been denied by your regional VA office, you may:

• File a Notice of Disagreement within one year of the date of the letter notifying you of the decision on your initial claim. This appeal goes to your regional office and asks that office to reconsider your claim.
• Once you file the Notice of Disagreement, the VA will reply with a Statement of the Case. If you disagree with the findings in the Statement of the Case, you have either one year from the date of the letter notifying you of the decision on your original claim or 60 days from the date on the letter that came with your Statement of the Case to file an appeal to the Board of Veterans’ Appeals. You have the right to use whichever of these two deadlines provides you with more time.
• If the Board of Veterans’ Appeals denies your request, you can file a new claim or make a motion for the Board of Veterans’ Appeals to reconsider your appeal. There are no time limits if you take these actions.
• If the Board of Veterans’ Appeals denies your request, you also have the right to appeal to the United States Court of Appeals for Veterans’ Claims. You have 120 days from the date of the Board of Veterans’ Appeals decision to file with the court.

While looking over these deadlines, keep in mind that the faster you move through the appeal process steps, the faster you will receive your decision and benefits. Because the process can take so long and because there are often delays, taking the necessary steps toward your appeal as quickly as possible will minimize the time you will wait.

Don’t Appeal Alone

You have the right to work with an experienced Veterans’ disability lawyer to help you get the fair recovery you deserve. Please contact us via this website or by phone to discuss your appeal options before it is too late to take action.