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Recent Blog Posts
Attorney Edwin Arita successfully argued more new cases
Attorney Edwin Arita successfully argued the cases of:
Julie in Dallas - approved as of 2008
Richard of Terrell - approved as of 2009
Billy of Elm Mott - approved as of 2011
Kevin of Glen Heights - approved as of 2012
All these deserving clients will receive back pay and monthly checks. Julie, Richard and Billy will receive Medicare. Kevin's Medicare eligibility will begin in 2015 after he receives 24 months of disability benefits. What great life changing news for these wonderful clients!
How to File an SSDI Claim for Mental Health Issues
The Social Security Disability Insurance (SSDI) program is a federal program set in place to provide assistance to those with disabilities. SSDI pays benefits to a person and their family if the individual previously worked at a job that paid into Social Security taxes.
The Social Security Administration generally defines disability as the inability to perform or engage in daily activities due to any medical, physical, or mental impairment. This impairment must last or at least be expected to last longer than 12 months to qualify.
What mental disabilities qualify for SSDI benefits?
The Social Security Administration treats mental disability as it does physical disability and will cover conditions such as schizophrenia, manic depressive disorder, ADHD, autism, depression, anxiety, and more. An extensive list of mental disabilities covered through SSDI can be found at the Social Security Administration Disability Evaluation Bluebook.
Social Security Announces New Expedited Disability Process for Veterans
Beginning March 17, 2014, veterans who have a VA rating of 100% may receive expedited processing of applications for Social Security Disability Benefits. This does not guarantee that Veterans will be approved for Social Security Disability benefits. Veterans must still meet the Social Security eligibility requirements for a disability allowance.
For more press releases, click here.
Current VA Regulations Favor CPAP Users
Under current VA regulations, veterans who are prescribed a CPAP (continuous positive airway pressure) machine receive an automatic rating of 50 percent disability rating if approved. In fiscal 2013, veterans receiving compensation for sleep apnea jumped by 26 percent, to include more than 29,000 beneficiaries, VA data show. As of Oct. 1, a total of 143,278 vets were rated disabled by sleep apnea. 89 percent of those approved received ratings of at least 50 percent.
For more information, visit: http://www.military.com/benefits/2014/02/20/va-congress-shrug-as-sleep-apnea-claims-surge.html
Even After Vietnam, Agent Orange Still a Health Issue for Veterans
Military veterans who say they were sickened by lingering amounts of the herbicide Agent Orange after the Vietnam War now have some strong scientific support for their claims. According to Linda Birnbaum, director of the National Institute of Environmental Health Sciences, studies support the fact that Veteran's who flew in planes contaminated with any dioxin or components of Agent Orange were more likely to be exposed than those servicemen who had boots on the ground in Vietnam.
For more information, visit:
http://www.huffingtonpost.com/2014/02/21/agent-orange-veterans-air-force-c123s_n_4828180.html
VA Broke Its Promises, Court Says
Recently, a Federal Circuit Court judge chastised the Department of Veterans Affairs (VA) for allowing the agency's Board of Veterans' Appeals to continue to use a disputed procedural rule in hearings – despite the VA's expressed promise to no longer employ the rule.
Specifically, the rule in question – which was not supposed to used – limited certain due process rights for veterans seeking benefits before the Board of Veterans' Appeals. The court found the continued application of this rule so egregious that it believes sanctions may be appropriate. Furthermore, the court ordered the government to now show cause why sanctions should not be enforced against the responsible officials.
Due process rights in VA benefits process
The veterans' benefits system in the United States was supposed to be designed to be very veteran-friendly. In fact, various procedural due process and appellate rights are afforded to veterans seeking benefits.
VA Disability Claim Backlog Improves, But Still Significant
Recently, the Department of Veterans Affairs reported that it has been making headway at reducing the overwhelming backlog of veterans' disability claims. Indeed, the agency reported that they number of backlogged disability claims – specifically, the claims pending more than 125 days – has dropped nearly 20 percent from its highest point roughly four months ago.
However, while this drop likely comes as welcomed news to those waiting for disability benefits, critics are still concerned that it is still not enough. Even President Obama conceded as much in a recent speech at the Disabled American Veterans' convention when he stated, 'Today, I can report that we are not where we need to be, but we're making progress.'
For instance, despite the recent 20 percent drop in backlogged disability claims, there are still nearly 500,000 claims that have been pending more than 125 days – with total claims sitting at 773,000, according to the VA. And, it is numbers such as these have prompted veterans groups to take additional action. Recently, a petition submitted by the group Concerned Veterans for America, and signed by 26,000 veterans, was sent to the White House calling for an end to this backlog.
Social Security Disability Insurance: Don't Go It Alone Without a Lawyer
A new U.S. Senate subcommittee report raises serious concerns about the quality of decision making on applications for Social Security Disability Insurance benefits. The findings underscore the need for an applicant to have an experienced advocate at every stage of the process. A knowledgeable SSDI attorney can act as his or her client's watchdog before the Social Security Administration, or SSA, by looking at whether the agency is appropriately developing and evaluating the claim for disability insurance.
The SSDI Program
SSDI is a federal program that provides monthly payments to people disabled from working by physical or mental impairments, or combinations of impairments, that will either prevent them from working for at least a year or result in death. An eligible claimant must also meet certain detailed financial requirements that basically ask whether he or she has worked fairly recently and been employed on a mostly regular basis over the years.
Possible Change to Social Security COLAS May Result in Reduced Benefits
As anyone who is unable to work due to a disability can attest to, the importance of Social Security disability (SSD) benefits cannot be overstated. This federal safety net can often be the sole source of monthly income for those who simply cannot hold a job because of their disability – whether physical or mental.
In fact, according to the 2011 Annual Statistical Report on Social Security Disability Insurance Program – which is the most recent report available – there were 626,954 Social Security disability beneficiaries in Texas alone in 2011. Of these, 595,925 were between the ages of 18 and 64 – which represents roughly 3.7 percent of the total population in Texas.
Given the extreme importance of SSD benefits to such a large population of Texans, the recent discussion among federal lawmakers to link Social Security cost-of-living adjustments (COLA) to the chained consumer price index (CPI) – which would result in smaller cost-of-living adjustments – may be cause for concern among disabled workers.
Veterans Disability Benefit Wait Times Increasing
With the recent conclusion of the wars in Iraq and Afghanistan, many soldiers are finally returning home to their families. The time apart can strain many families, and make it difficult for everyone to adjust once they are together again.
However, this is not the only struggle that veterans face when their service time is over. Many soldiers that have served in war zones often end up injured in these conflicts and some of these injuries can have a life-long impact. These veterans will need to file for veterans disability benefits, and many are surprised to find out how long the process can take.
The U.S. Department of Veterans Affairs (VA) is the agency that handles the requests for disability benefits. The wait time for these claims has been increasing dramatically. Since October of 2011, the average wait for the processing of claims has rise from 223 to 262, according to a recent VA report.
Unfortunately, disabled veterans living in central Texas have firsthand experience with the frustration caused by these delays. The VA's regional office in Waco lists an average claims-processing time of 418 days, which is substantially higher than the national average.
Perhaps even more concerning is the fact that when the claims are processed, there is a high rate of error out of the Waco office. Nearly one out of every five claims is processed incorrectly. The 17.5 percent error rate ranks eighth in the nation.
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