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Recent Blog Posts
What Happens at a Social Security Disability Hearing?
If you applied for Social Security Disability Income (SSDI) benefits and your claim was denied, you are able to appeal the decision at a Social Security disability hearing. This hearing allows you and your attorney to go before an administrative law judge and to explain why you should be granted disability benefits.
While each disability hearing is different, many take between fifteen minutes and one hour, and are oftentimes more informal than a traditional court appearance would be. Additionally, you may find that your hearing is not even scheduled to be held in a courthouse. Depending on how far you live from the hearing site, your hearing may even occur via videoconference.
The hearing will rely on your personal testimony, a vocational expert's testimony, and any witnesses you choose to bring. Once you have arrived for your hearing, you can expect the following:
- You and anyone else set to testify during your hearing will be sworn in to the court
Filing a Disability Claim? Do It Right From the Beginning!
The Social Security Disability Insurance Benefits Program is a complex legal endeavor governed by extensive rules and regulations. Requirements are strict and numerous. There are eligibility requirements that must be satisfied before benefits are granted. Those dealing with disabilities, be they physical or mental, often think that they can handle their claim on their own. Nothing could be further from the truth. In order to navigate the disability program, one should seek the legal assistance of an experienced attorney to develop the claim considering all the complex issues.
The sooner you contact an attorney the better. An attorney can review the specific details of a person's disability application. Every detail, even the little ones, can make a huge difference in developing the claim. There are many potential pitfalls present in the application and development process. Oversights in completing the application and submitting evidence can result in mistakes being made and numerous delays. Application mistakes often have unforseeable consequences and can create problems for the disability applicant. In turn, this can lead to delays in decisions made, and could potentially result in a denial on a claim that otherwise would have been approved.
Good News for Camp LeJeune Veterans
The Department of Veterans Affairs announced on Tuesday, September 23 that it will soon cover out of pocket health care costs for Marine dependents who contracted cancer and other illnesses from toxic water at Camp LeJeune. In 2012, Congress passed the landmark legislation,Honoring America's Veterans and Caring for Camp LeJeune Families Act . The Act provided health care for Marines and family members who lived on the base near Jacksonville, N.C., from 1957 through 1987, and who suffered from any of 15 illnesses named in the law. Illnesses included cancer related to the lungs, bladder, breasts, kidneys and esophagus, as well as leukemia and problems involving female infertility. During that period, at least two of the water treatment facilities supplying drinking water to the Camp LeJeune Marine base were contaminated with volatile organic compounds that included industrial solvents and benzene from fuels. The chemicals resulted from spills, a dump site on base, leaking underground storage tanks on base, and an off base dry cleaner. The level of perchoroethylene in the base drinking water exceeded acceptable levels. An estimated 750,000 people wer exposed.
Disability Claims for PTSD and Military Sexual Trauma
Veterans claimant service connection for disability based on an inservice personal assault face unique challenges in proving up their claims. Personal assault can include rape, physical assault, domestic battering, robbery, mugging, and stalking. Many think these incidents only involve female veterans, but male veterans are often victims of personal assault. These incidents are often violent. They may lead to PTSD which is secondary to the personal assault.
Assault is offten a personal and extremely sensitive issue. Many incidents of personal assault are not officially reported. Therefore, victims of inservice trauma find it difficult to offer evidence to support the event. Helpful evidence can include records from a counseling facility, a health clinic, family members, roomates, medical reports of treatment immediately following the assault, a chaplin or clergy, fellow service persons, or a personal journal or diary.
Military sexual trauma (MST) includes any sexual activity where one is involved against his or her will. It can be any event where you were forced into sexual activity. Physical force is not required. You may have been coerced or pressured into physical activity. You might have been threatened with negative consequences for refusing to cooperate. You might have been threatened with negative consequences for refusing to cooperate. You might have been offered faster promotions or better treatment in exchange for sex. MST also includes sexual experiences that occurred while you were not able to consent to sexual activity such as being intoxicated. MST can also include unwanted touching or grabbing, threatening, offensive remarks about your body, your sexual activities, or threatening and unwelcome sexual advances. If these experiences occurred while you were on active duty or active duty for training, they are considered MST.
Good News for Veterans and Survivors
On Tuesday, September 16, the House of Representatives passed legislation that will increase Veterans disability compensation with a cost of living increase matching the rate of Social Security benefits increase. The increase will begin on December 1 of this year.
Veterans benefits are not automatically increased for inflation as are other federal benefits. Congress must introduce legislation, and the bill must be passed by both houses for the increase to take effect. Both houses passed the legislation by voice vote last week. This increase will cover veterans disability compensation, clothing allowance for some disabled veterans, and compensation for some surviving spouses and children.
Veterans and Mustangs
Saturday, September 20th, Catherine Coats attended the Mustang Extreme Makeover Finals in Fort Worth, Texas. The purpose of the Mustang Makeover is to showcase wild mustangs after they have been trained by professional trainers from across America in a period of only 100 days to perform amazing feats that are only seen in horses after years of training.
This event helps to support the Mustang Heritage Foundation in central Texas which is transforming the lives of Veterans who suffer with Post Traumatic Stress Disorder and Traumatic Brain Injuries. Veterans working with mustangs experience hope for healing. Working with these horses enhances their quality of life in a way medicine never can. In working with the mustangs, Veterans also learn vocational skills should they desire to work in the horse related industry. With a Veteran suicide rate averaging 22 a day, this program can be life changing. Read more about this outstanding program that pairs Veterans and mustangs. www.mustangheritagefoundation.org/mustang-mentors.php
SSA Extends Authority to Decide Compassionate Allowance Claims
Last month, the Social Security Administration extended its authority to quickly decide and award claims under their compassionate allowance process and quick disability process. This was a carry-over since 2010, when State Agencies were allowed to quickly award such claims without having to order a special medical consultant opinion. However, at the time, the program was intended to be a short-term solution, and last year, it was set to expire in November 2014. Fortunately, SSA is renewing the program through November of next year.
This is good news for a lot of people with life-threatening illness, because the agnecy is known to have an otherwise norotiously long delay in awarding cases. Certain illnesses may qualify for this process, including many types of cancers such as some breast cancers or leukemia and other rare and terminal illnesses, like ALS. Whereas these patients would otherwise have to have their claim approved by a doctor (which delays the case), this rule allows the State Agency to award the claim without getting a physician's approval.
Access your Social Security information with a My Social Security Account
Access Your Social Security Information with a My Social Security Account
With a my Social Security account, people can take control of their future by accessing their online Social Security Statement, which is a great financial planning tool that provides workers age 18 and over their complete earnings history and estimates for future retirement, disability and survivors benefits. The Statement allows workers to verify the accuracy of their earnings each year. This is important since earnings are the basis for determining future retirement benefits as well as their disability benefits in the event that a person needs to file for disability. Individuals who currently receive benefits can sign up for a my Social Security account to get an instant benefit verification letter, change their address and phone number, and start or change direct deposit of their benefit payment. Over 13 million people have established an account. You can establish an account by going to www.socialsecurity.gov/myaccount.
Veterans and TBI
A 2014 study published by the journal Neurology found Veterans aged 55 and older with a diagnosis of a traumatic brain injury (TBI) had a 60 percent greater risk of developing dementia over a nine-year period. According to the research team, "Our results suggest that TBI in older Veterans may predispose [them] toward development of symptomatic dementia and raise concern about the potential long-term consequences of TBI in younger Veterans and civilians." The results of the study were covered in a number of news media outlets, includingUSA Today.Airborne Hazards and Open Pit Registry
The Veterans Administration offers an Airborne and Open Pit Registry to all Veterans who served in Iraq, Afghanistan, Djibouti, or the Gulf War. Information gathered from this registry will be used to identify long term adverse health effects of exposure to burn pits and other airborne hazards. It is hoped that the information can be used to provide better health care services to the Veterans suffering from lung and other conditions that could be related to such exposure. Veterans must sign up for the registry with the Department of Defense Self Service Login.
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