Veteran's IU and Social Security Disability

If you can't work due to your service connected disabilities then in most cases you should be trying to get both Social Security Disability (SSDI) and VA Individual Unemployability (IU).  You can get both of these benefits.  When trying to get SSDI, the Social Security Administration will look at all your medical conditions to determine if you are unable to work under their rules.  When you apply for VA IU benefits the Department of Veterans Affairs will only look at your service connected medical conditions when determining if you are unable to work.  The purpose of this post is to just make veterans aware that if they are getting or trying to get VA IU benefits they should make sure to also talk to a VA disability lawyer to see if they may also qualify for SSDI benefits.  The same is true if you are getting or trying to get SSDI benefits you will want to consult with a VA disability attorney to see if you can also get VA IU benefits.  What ever you do don't put off looking into these benefits because you may lose benefits if you wait.  If you have any questions about theses benefits feel free to call me at 1-877-527-5529.

Camp Lejeune New Law for Veterans

The VA announced on January 13, 2017 that they will now recognize 8 medical conditions as presumptively service connected due to contaminated drinking water at Camp Lejeune.  If a veteran served a minimum of 30 days between August 1, 1953 and December 31, 1987 and was diagnosed with one of the following conditions: Parkinson's, non-Hodgkin's lymphoma, multiple myeloma, liver cancer, kidney cancer, bladder cancer, aplastic anemia with other myelodysplastic syndromes, or adult leukemia then the VA will find them presumptively service connected.  This new law on Camp Lejeune will make it easier for veterans to get their VA disability benefits.  A few questions still remain when it comes to the Camp Lejeune issue.  What about veterans who are just outside the time frame but who suffer from one or more of the listed medical conditions?  What about the Camp Lejeune veteran's children who were born with birth defects?  Lastly, what other conditions will be added to this list over time?  Hopefully, this is the start of a new series of regulations on this subject.  For more information on Veterans disability benefits.

Getting SSDI for Vision Disorders

If your main disabling medical condition is a vision disorder the best way to get found disabled is if you meet or equal the SSA Medical Listing of Impairments for vision disorders.  So if you are applying for SSDI based on a vision disorder, the first thing you should do is read the medical listing for vision.  If your doctor feels you meet one of these listing it is important to try and get a report from him or her that describes how your condition meets or equals the listing.  This report should also include any test results that support this opinion.  If you do not meet or equal a listing then it becomes more difficult to get SSDI for a visual impairment, because you will have to show how your visual limitations prevent you from working.  This is why it is important to include all your medical conditions even if your visual impairment is your main disability.  For example, Diabetes can cause severe visual impairment but also may affect other parts of your body as well.  One common symptom of Diabetes is numbness of the hands or feet.  So in this situation you may want to document not only your visual limitations, but also the fact that you have numbness in your hands that cause difficulty grasping things, writing, lifting, or typing.  So in this example, even if your visual limitations by themselves are not enough to show you can't work the additional limitations from the numbness in your hands may be enough to show you are unable to work.  For more on getting SSDI for vision disorders read my page on my website.

Social Security Disability and SSI What is the Difference?

Social Security Disability, also called SSDI, is a program that allows those who are unable to work due to medical conditions receive monthly benefits based on the individuals payment of Social Security taxes when they worked.  To be eligible for these benefits you must have enough work credits and recent enough work credits.  The amount of money you get per month is based on how much you have paid into the Social Security system when you were working.  Supplemental Security Income or SSI is a needs based program for those who are unable to work due to medical conditions.  To qualify for SSI you need to be unable to work due to medical conditions and have low income and resources.  The monthly payments are based on need and the money comes from the general tax and not the Social Security Fund.  To better understand if you qualify for SSDI or SSI follow the link to my website that explains these two programs further.

Applying for Veterans Disability Benefits

If you are applying for VA disability benefits it is a good idea to try and list all the medical conditions you are trying to get service connected in one application if possible.  I say this because many veterans apply for some of their medical conditions in one application and then make another application later with more medical conditions listed later.  Although there is nothing wrong with this it can cause some issues later.  With one application you then should get one decision which means you will only have one decision to appeal.  If you have more than one application then you will get more than one decision and each new decision may have to be appealed.  The less appeals you have to make the less chance you have of missing an appeal deadline.  I also believe if you have all your medical conditions on one application it will help keep your claim easier to work with at the VA Regional Office which may lead to a faster processing time.  It is not always possible since many times new medical conditions may pop up or you later find out a medical condition you have can be service connected that you were not aware could be.  So, I am not saying it is terrible for your claim if you don't apply for everything at once I just believe if you can apply for everything at the same time it may just make things easier for you as you go through the VA disability process.

How to Get RFC Forms Completed by Your Doctor

If you spent any time online researching how to win your Social Security disability claim than you know the importance of getting RFC forms completed by your treating doctors.  RFC forms are also called residual functional capacity forms and when filled out show a doctors opinion of your limitations from your medical conditions.  Having a good and long term relationship with your treating doctor certainly helps when trying to get these forms completed.  Doctors also like to be paid for there time so asking your doctor how much it would cost to complete these forms and paying him or her is one very good way to convince your doctor to do this.  Another way is to make an appointment with your doctor specifically to fill out these forms.  This way your doctor is being paid for his time and he or she has the benefit of being able to ask you questions that could assist the doctor in completing the forms.  If you tried to get these forms filled out by your doctor but were unsuccessful you can also pay for an independent Residual Functional Capacity exam.  This is when you pay a doctor to do a series of test on you to determine your level of functioning in a work environment.  This last way can be expensive so it may be a good idea to do this as a last resort.

Prior Work in a Social Security Disability Claim

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.

Social Security Disability and Back Conditions

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.

Fireworks and Combat Veterans

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.

How Long Does VA Disability Claim Take?

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.

Medical Treatment and Disability Claims

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.

Veterans IU and SSDI

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.

The Importance of Getting Your C file in a VA Disability Claim

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.

VA IU and Social Security Disability

What is the difference between VA IU and Social Security Disability?  Many veterans ask this question and I will try and give a basic explanation.  The main difference is that Social Security will look at all your medical conditions to determine if you are unable to work.  With veteran's IU the VA will only look at your service connected disabilities to determine if you are disabled.  You can get a better understanding of how each agency determines disability by reading my web pages on Social Security's 5 steps to determine disability and how the VA determines if you are unable to work under VA IU.  What most veterans need to know is that if you have been found disabled for VA IU there is a real good chance you will be able to get SSDI.  Also if you are getting SSDI mainly due to your service connected disabilities, there is also a good chance you can get VA IU as well.  This is a very simple explanation of the difference between these two programs and the website links above should help explain further.  If you are unable to work because you are disabled and you are not sure what you may qualify for then one of the best things you can do is speak to an attorney to see if you may qualify for IU and SSDI or both.  If you would like to ask me feel free to call me at 1-877-527-5529.

Social Security Medical Listing of Impairments

The medical listing of impairments comes into play at the third step of Social Security's 5 step process for determining disability.  If your medical condition meets or equals a listing you will be found disabled.  If you do not meet or equal a listed impairment then you would move on to next step of the process.  To meet or equal a listed impairment it takes a doctor saying you do and explaining why it is your condition meets all the requirements for the listing, or at least why your condition equals the severity of the listing.  If there is a medical expert at your ssdi hearing, one of the first questions usually asked of the expert is if the claimant meets or equals a listed impairment.  You should read the medical listing of impairments as it applies to your medical condition and if you think you meet the listing you can take a copy to your doctor and ask them if they think you meet the listing.  If they think you do ask them to write you a report saying this and it should include why and be backed up with all evidence that supports this conclusion.  If you do not meet or equal a listing it is not the end of the world since you simply move on to next step in the process.  The majority of social security disability cases that win are not based on meeting or equaling a medical listing since these listings were made very hard to meet by design.

Veterans Disability Claims and The Long Wait Times

Most Veteran Disability claims take an extremely long time before they are resolved.  There are many reasons for this.  The Veterans Administration is underfunded, under staffed and has a huge case load.  This can be very frustrating for veterans trying to get their VA disability benefits.  Changes are being made at the VA that I think will start to help with this but I do not expect it to ever be a quick process.  It is important to know this so you can try not to become too frustrated with the process.  VA lawyers, veterans, Congressman and VA employees all wish the process was faster.  One thing the VA is doing to help with this problem is they are trying to get all VA files and claims into electronic format.  This will probably take a while longer before this is a reality but it is a step in the right direction.  Electronic records have helped make an improvement in the Social Security Disability wait times and I would expect it would help the VA disability wait times as well.  The VA has also received more funding to help with staffing issues.  So as frustrating as it can be hopefully things will slowly get better.  If nothing else I hope this article will help you understand you are not alone in your frustrations with the long wait times in Veterans disability claims.

Veterans and Social Security Disability

In November, the Nation celebrated Veterans Day, honoring all those who served in the military. Social Security doesn’t just honor these dedicated men and women on one day of the year—we have made it our daily mission to help service members who have defended our country.

Through the Wounded Warrior program, Social Security expedites processing of disability applications of current military service members or veterans disabled while on active duty on or after October 1, 2001. Also, service members and veterans who have a Department of Veterans Affairs compensation rating of 100% Permanent and Total (P&T) may receive expedited processing of applications for Social Security disability benefits. Keep in mind this expedited process applies only to the application for benefits. To be eligible for benefits, you must meet Social Security’s strict definition of “disability,” which means:

Applicants must be unable to do substantial work because of medical condition(s); and
Applicant’s medical condition(s) must have lasted, or be expected to last, at least one year or to result in death.
Tell any veterans with disabilities you know that they can apply online at www.socialsecurity.gov/applyfordisability or by calling our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778).

ou can find more information for veterans at www.socialsecurity.gov/people/veterans.

VA Expands Eligibility for VA Health Care Related to Military Sexual Trauma

VA Expands Eligibility for VA Health Care Related to Military Sexual Trauma
Expansion closes a gap in health care eligibility
Washington, DC – The Department of Veterans Affairs (VA), under authority from the Veterans Access, Choice, and Accountability Act of 2014 (“VACAA”),  today announced expanded eligibility for Veterans in need of mental health care due to sexual assault or sexual harassment that occurred during their military service. This trauma is commonly known as military sexual trauma (MST).
This expansion, which primarily pertains to Reservists and National Guard members participating in weekend drill, gives the authority to offer Veterans the appropriate care and services needed to treat conditions resulting from MST that occurred during a period of inactive duty training.  
“VA simply must be an organization that provides comprehensive care for all Veterans dealing with the effects of military sexual trauma,” said VA Secretary Robert A. McDonald.  “Our range of services for MST-related experiences are constantly being reexamined to best meet the needs of our Veterans.”
Secretary McDonald met last week with Ruth Moore, a Navy Veteran and MST survivor for whom the Ruth Moore Act of 2013 is named. Ms. Moore will be working with VA to ensure that survivors are treated fairly and compassionately, and that Veterans with MST can access fair compensation exams and access health care practitioners who are trained in understanding and working with MST issues.
VA works closely with trauma survivors to ensure a full continuum of health care services are provided to assist Veterans recovering from experiences of MST. Recognizing that MST survivors may have special needs and concerns, every VA health care facility has an MST Coordinator who serves as a contact person for MST-related issues. Every VA medical center and Community-based Vet Center offers MST-related outpatient counseling.
Currently, all VA health care for mental and physical health conditions related to MST is provided free of charge. Veterans do not need to have a service-connected disability or seeking disability compensation to be eligible for MST-related counseling and care. Veterans also do not need to have reported such incidents to the Department of Defense or possess documentation or records to support their assertion of having experienced such trauma. The determination of whether a Veteran’s condition is MST-related is strictly a clinical determination made by the responsible VA mental health provider. Finally, Veterans need not be enrolled in VA’s health care system to qualify for MST-related treatment, as it is independent of VA’s general treatment authority.
In addition to treatment programs, VA also provides training to staff on issues related to MST, including a mandatory training on MST for all mental health and primary care providers. VA also engages in a range of outreach activities to Veterans and conducts monitoring of MST-related screening and treatment, in order to ensure that adequate services are available.
Veterans can learn more about VA’s MST-related services online at www.mentalhealth.va.gov/msthome.asp and see video clips with the recovery stories of Veterans who have experienced MST at http://maketheconnection.net/conditions/military-sexual-trauma.

Agency Resumes Mailing Social Security Statements

Carolyn W. Colvin, Acting Commissioner of Social Security, today announced the agency will resume the periodic mailing of Social Security Statements—once every five years for most workers-- while encouraging everyone to create a secure my Social Security account to immediately access their Statement online, anytime. The Statement is a valuable financial planning tool providing workers age 18 and older with important individualized information regarding their earnings, tax contributions, and estimates for future retirement, disability, and survivors benefits.

“We have listened to our customers, advocates, and Congress; and renewing the mailing of the Statement reinforces our commitment to provide the public with an easy, efficient way to obtain an estimate of their future Social Security benefits,” Acting Commissioner Colvin said. “I encourage everyone to create their own secure my Social Security account to obtain immediate access to their Statement online, anytime.”

Beginning this month, workers attaining ages 25, 30, 35, 40, 45, 50, 55, and 60 who are not receiving Social Security benefits and who are not registered for a my Social Security account will receive the Statement in the mail about 3 months before their birthday.  After age 60, people will receive a Statement every year.  The agency expects to send nearly 48 million Statements each year.

The Social Security Statement helps people plan for their financial future.  In addition to providing future benefit estimates, the Statement highlights a person’s complete earnings history, allowing workers to verify the accuracy of their earnings. This is important because an individual’s future benefit amount is determined by the amount of their earnings over their lifetime.  To date, more than 14 million people have established a personalized my Social Security account at www.socialsecurity.gov/myaccount.

With a my Social Security account, people may access the Statement from the comfort of their home, office or library whenever they choose. Individuals who currently receive benefits should sign up for a my Social Security account to manage their benefit payments and, when the need arises, get an instant benefit verification letter, change their address and phone number, and start or change direct deposit of their benefit payment.

Acting Commissioner Colvin reinforced that “whether conducting business with Social Security via the Internet, mail, telephone or face-to-face, we will continue to provide convenient, cost-effective, secure and quality customer service to meet the needs of the public we serve.”

Social Security Board of Trustees: No Change in Projected Year of Trust Fund Reserve Depletion

The Social Security Board of Trustees today released its annual report on the long-term financial status of the Social Security Trust Funds. The combined asset reserves of the Old-Age and Survivors Insurance, and Disability Insurance (OASDI) Trust Funds are projected to become depleted in 2033, unchanged from last year, with 77 percent of benefits still payable at that time. The DI Trust Fund will become depleted in 2016, also unchanged from last year's estimate, with 81 percent of benefits still payable.

In the 2014 Annual Report to Congress, the Trustees announced:

The combined trust fund reserves are still growing and will continue to do so through 2019. Beginning with 2020, the cost of the program is projected to exceed income.
The projected point at which the combined trust fund reserves will become depleted, if Congress does not act before then, comes in 2033 – the same as projected last year. At that time, there will be sufficient income coming in to pay 77 percent of scheduled benefits.
The projected actuarial deficit over the 75-year long-range period is 2.88 percent of taxable payroll -- 0.16 percentage point larger than in last year's report.
"The projected depletion dates of the Social Security Trust Funds have not changed, and three-fourths of benefits would still be payable after depletion.  But the fact remains that Congress can ensure the long-term solvency of this vital program by taking action," said Carolyn W. Colvin, Acting Commissioner of Social Security.  "The Disability Insurance Trust Fund's projected depletion year remains 2016, and legislative action is needed as soon as possible to address this financial imbalance."

Other highlights of the Trustees Report include:

Income including interest to the combined OASDI Trust Funds amounted to $855 billion in 2013. ($726 billion in net contributions, $21 billion from taxation of benefits, $103 billion in interest, and $5 billion in reimbursements from the General Fund of the Treasury—almost exclusively resulting from the 2012 payroll tax legislation)
Total expenditures from the combined OASDI Trust Funds amounted to $823 billion in 2013.
Non-interest income fell below program costs in 2010 for the first time since 1983. Program costs are projected to exceed non-interest income throughout the remainder of the 75-year period.
The asset reserves of the combined OASDI Trust Funds increased by $32 billion in 2013 to a total of $2.76 trillion.
During 2013, an estimated 163 million people had earnings covered by Social Security and paid payroll taxes.
Social Security paid benefits of $812 billion in calendar year 2013. There were about 58 million beneficiaries at the end of the calendar year.
The cost of $6.2 billion to administer the program in 2013 was a very low 0.7 percent of total expenditures.
The combined Trust Fund asset reserves earned interest at an effective annual rate of 3.8 percent in 2013.
The Board of Trustees is comprised of six members. Four serve by virtue of their positions with the federal government: Jacob J. Lew, Secretary of the Treasury and Managing Trustee; Carolyn W. Colvin, Acting Commissioner of Social Security; Sylvia M. Burwell, Secretary of Health and Human Services; and Thomas E. Perez, Secretary of Labor. The two public trustees are Charles P. Blahous III and Robert D. Reischauer.

The 2014 Trustees Report will be posted at www.socialsecurity.gov/OACT/TR/2014/ on Monday.