Monday, July 13, 2015
Why is prior work important in SSDI claim? Whether or not one can perform prior work is decided at the 4th step of the Social Security disability test. If SSA finds you can perform past work you will be found not disabled. If they determine you cannot perform past work you then move on to the 5th step of the test which is whether or not you can perform any work that exist in significant numbers. For a full explanation of the 5 step test follow link above to my page on how Social Security determines if you are disabled. To give an example of how step 4 works lets say you are limited to sedentary work with no non-exertional limitations. If you have prior work that is sedentary then according to SSA you would be able to do prior work. Now lets assume you are limited to sedentary work but all the work you did the last 15 years is considered light or heavier. In this situation SSA would find you are no able to do prior work and you would move on to step 5. What is important to note here is that if SSA finds you cannot perform prior work this does not mean you are disabled, since Social Security will still have to determine at step 5 if you can do any other work. For a better understanding of a Social Security Disability claim is decided be sure to read my website.
Wednesday, July 08, 2015
One of the most common medical conditions listed on SSDI claims is back conditions. Some common examples are herniated discs, degenerative disc disease, osteoarthritis, spinal stenosis, facet arthritis, vertebral fracture, and spinal arachnoiditis. It is very important if you are claiming a back condition in your SSDI claim that you get regular medical treatment if at all possible. This will document that you have a serious back condition that requires frequent treatment. It also helps because if you are seeing a doctor regularly that doctor may be more willing to provide you with opinion evidence in support of your Social Security disability claim. For any SSDI claim for a back disability one should start by looking at the Social Security Medical Listing of Impairments. If you meet or equal one of the listings then you will be found disabled without SSA having to consider other factors. If you do not meet or equal a listing then you will have to show how the limitations from your back condition prevent you from working. Also, if you are suffering from some degree of depression as a result of your chronic pain or change in daily activities you should make sure depression is also a part of your claim because there may be additional non-exertional limitations on your ability to work. For more information and getting SSDI for back condition make sure to read my page on this.
Friday, July 03, 2015
This post is just a reminder to everyone who plans to set off their own fireworks this weekend to celebrate the holiday. Please be aware of any combat veterans in your area. Many combat veterans who suffer from PTSD are extremely sensitive to fireworks so please keep this in mind. I represent veterans in VA disability claims and veterans with PTSD often say fireworks causes a great deal of anxiety for them. Veterans risked it all to protect our freedom so please be responsible this weekend. Happy 4th of July to all.
Tuesday, June 30, 2015
How long a VA disability claim takes is a very difficult question to answer. I have been handling VA compensation claims since 2007 and what I can tell you is it depends on so many things that it is almost impossible to answer for any given case. For some, it may be a matter of months and others it may be years until you are satisfied with the result. If all the records are in the VA C-file, it is a clear cut case, and you are dealing with one of the better VA Regional Offices than it may only take months. In other cases, difficulty finding evidence needed, the need for nexus opinions and a slower VA RO may cause the VA disability claim to take over a year. Keep in mind if you get a decision from the VA and you are unhappy with that decision it can take longer and longer with each appeal. Some VA disability cases can take many years before you get what you deserve. As you can see answering this question is very hard. So what can you do to speed up your VA compensation claim. The first thing you can do is request your C-file from the VA so you know what the VA has and you will be able to determine what may be missing or what evidence you still need to win you claim. You should also get help with your claim from a service organization or a VA disability lawyer. This will help because a good attorney or representative will know the law and what is needed to win your claim and then be able to make arguments on your behalf as well. At the very least, you need to research what it is you need for your particular claim to win your VA disability case. The last thing you would ever want to do is to make your claim and sit back and hope the VA will figure it out for you. It is also important to keep in mind that when you have a VA compensation claim you need to be persistent but also patient. It can become very easy to get frustrated and quit or take out your frustration on the VA and neither of these is going to help you win you VA disability claim.
Sunday, June 28, 2015
So why is it important to have a good history of medical treatment and recent treatment. Whether it is an SSDI claim or VA compensation it is important to be able to show past and present treatment. One reason is that many decision makers on disability claims wrongly will assume that someone who is not being treated regularly does not suffer from a severe medical condition because if they did they would be getting treatment. Also the basis for any disability claim is your medical conditions and if they are not documented well it makes it difficult or impossible to determine the severity of the medical condition. I should also point out that if you are seeing a doctor regularly and for a long period of time chances are that doctor will be more willing to provide you with opinion evidence that is often needed in SSDI and VA disability cases. I know it can sometimes be difficult and many people do not have insurance but you should make every effort to get regular medical treatment.
Monday, June 22, 2015
I speak to veterans all the time who are not able to work and are trying to get VA IU (Individual Unemployability) and who are not also applying for SSDI. In most cases, If you have a claim for IU you should also have a claim for SSDI. The reverse is true as well if you are applying for SSDI then in many cases you should also have a claim in for VA IU. Yes, in most cases you can get both. If you win one of these claims it can help you win the other as well. The main difference is that if you are trying to get SSDI the decision maker at Social Security will look at all your medical conditions to determine if you are disabled. In a VA IU claim the Veterans Administration will only look at your service connected disabilities to determine if you are unable to work. They each have their own rules to determine if you are disabled so you will still have to prove your case to both agencies but for most veterans unable to work you should have both claims. If you have any questions and would like to speak to a lawyer that handles both VA IU and SSDI cases feel free to call me at 1-877-527-5529.
Wednesday, June 03, 2015
If you have a veteran's disability claim pending at the VA you should be sure to get your C-file as soon as possible. There are many reasons for this. If you have your file you will be able to see what the VA is looking at to determine your claim. This will allow you to make sure everything you need to win your disability claim is in the file before a decision is made. In many cases important information such as service medical records, treatment in service, present treatment, etc. are missing from the C-file. Yes the VA has a duty to assist to get what is not in the file but many times they might not know what is missing or they can't find something. If you know what is not in your file you can help get it. Another reason to have your file is if you decide to get a lawyer you will be able to give that file to your lawyer and this will save time having to wait for it. Remember your VA decision will be based on everything that is in that C-file so make sure everything you want to be in it is.