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  • Disability Group 10:00 am on February 11, 2011 Permalink | Reply  

    Veterans Pension and Disability Benefits 

    A veteran may receive full VA compensation benefits as well as full Social Security Disability benefits.  However, VA pensions are treated differently.

    Your VA pension will be reduced by the amount of Social Security Disability (SSDI) benefits you receive.  If you qualify for needs-based Supplemental Security Income (SSI) benefits, they will be reduced by the amount of your VA pension.

    The VA pension is reduced by other sources of monthly income like SSDI because it is a needs-based program for disabled veterans.  VA considers your income and assets, but does not consider other needs-based payments like SSI.  SSI and state welfare will not reduce your VA pension, but remember, your VA pension will reduce SSI benefits.

    My SSDI benefits would be the same amount or less than my VA pension check.

    If this is the case, you may not want to pursue a claim.  Your VA pension will be reduced by the amount of your SSDI benefits.  You may want to simply collect the full VA pension you are already receiving.

    I’m in the middle of filing a Social Security disability claim, and I just started getting my VA pension.

    If this is the case, you might be able to get SSDI backpay from before your VA pension began.  You should call a lawyer and ask for help in determining what you should do.

    My VA pension is going to be about the same as my SSDI benefits, and I’m entitled to SSDI backpay

    If this is the case, you may want to stick with the Social Security disability claim.  Your SSDI benefits will offset your VA pension, but there will be back pay on top of these benefits.

    Remember, always consult an experienced social security lawyer to find whether you should file for SSDI while collecting a VA pension.

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    • steve 11:57 am on May 16, 2012 Permalink | Reply

      I am getting some VA pension and some VA disability…if I apply for SS disability, not SSI, I can’t tell from above what, if any of the 2 will be reduced. can someone please clarify. Thanks.

    • John FitzGerald 3:05 pm on May 16, 2012 Permalink | Reply

      The pension will be reduced. The benefits will not.

  • Disability Group 10:00 am on February 2, 2011 Permalink | Reply  

    How to Prove Pain in a Social Security Disability Case 

    What is the Social Security Administration trying to do in my disability case?

    The Social Security Administration’s main goal is to decide whether you are able to work, doing either your past job or any type of job.


    Does the Social Security Administration (SSA) consider the pain I am in when deciding whether to award me disability benefits?

    In many cases, it is the person’s pain that makes them unable to work full time. Pain is subjective, meaning it cannot be measured and everyone’s tolerance for pain differs. Pain can limit what you can do, which can be measured. For example you cannot lift more than 5 pounds, sit for more than 30 minutes or walk farther than 50 yards. These are examples of “exertional limitations.”


    What happens if my pain is just there, and isn’t from doing something (walking, sitting etc.) so it cannot be measured?

    The SSA recognizes that chronic pain and non-exertional pain (pain not from doing something) exists and can limit what you can do at a job.  The SSA looks at a number of different things to decide the effect of pain on your ability to work:

    • They look at your daily activities.
    • They look at the location of your pain, how often and how long you have pain, and how intense the pain feels.
    • They look at what makes the pain appear and what makes the pain worsen.
    • They look at the medications you take and what effects the medications may have.
    • They look at what you do in order to make the pain go away or lessen (lying flat, using heat or ice, etc.).
    • They look at how your activity is limited because of your pain.


    What can I do to prove my pain affects my being able to work?

    1)     Be SPECIFIC when describing your pain.

    Don’t say,” I hurt all over and I am in constant pain.” Rather say, “I have extreme pain in my lower back. On a scale from 1 to 10 my lower back is a 5, but if I walk or stand for more than 20 minutes, the pain jumps to an 8 or 9. The pain stays that way until I take medication.”

    Don’t always say your pain is at a level of 10 because the SSA might think you are exaggerating and have a harder time believing you.


    2)      Be CONSISTENT when describing your pain.

    Your testimony at your hearing will be considered stronger if what you tell your doctor at every visit about your pain level is the same as what you have told the SSA in the application process. If there is no medical test (MRI, etc.) to prove the source of your pain, your testimony will be a very important factor in deciding whether you are found disabled. Be consistent and specific.


    Still confused about how to describe your pain?  Give us a call, and we’ll help guide you through it!

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    • felicia 9:15 pm on May 10, 2011 Permalink | Reply

      I was involved in an accident 16 years ago. A car drove through a store I worked at and I got hit by debri. My right knee was injured. Over the years, I have had 4 surgeries, the last being a partial replacement. The pain now is worse than before the surgery, and I can’t sleep without Ambien. I have been out of work since this past November. My pain is constant. Usually my pain level is around a 4 or 5, but after I’ve been sitting in one place for too long (10-15min) the pain gets sharp and goes to a 7. If I walk to my mailbox and back when it is only a 5, by the time I get back to the house it’s up to a 9. I’m most comfortable when I’m stretched out on my right side with my injured leg stretched under me. That position helps, but even then when I go to bend my leg to get up, I experience a sharp pain that levels an 8 at least. With weather, usually 2 days before a front moves into the area I start hurting at higher levels. For those 2 days it is commonly around a 7 and sometimes goes up to a 9. I generally have a high tolerance for pain, but with it being my knee, I can’t function to my normal. I have worked convenience stores most of my life and in 1996 decided to go to school to become a medical assistant. My last surgery was about 6 months before I was hired at my first position as a CMA. Over the year I worked there, the pain increased until I couldn’t really do the job they expected. I can’t go up and down stairs normally, I can’t make sudden turns, and after being on my feet for a few hours, my knee would swell. As I’m sitting here typing this, my knee is feeling as if an icepick is being stuck in it. My family says I’m depressed. I feel useless most of the time because I can’t do the things I used to. Driving is getting harder. I have to use both feet for gas and brake because I can’t turn my right knee to get my foot to go to the brake. It even hurts to get out of the vehicle, because of the way I have to turn to get out. I know this is a lot of information, but I wanted someone to kind of understand why I’m checking in to this. What should I do? Everything was initially filed with Worker’s Comp. so they have all my information. I feel like giving up, because they don’t seem to care. My doctor has suggested another surgery (total knee replacement), but the WC people are having their doctors look at it because they aren’t sure another surgery would help me any.

      • felicia 9:18 pm on May 10, 2011 Permalink | Reply

        I correct… it was in 2006 not 1996 that I went to school for my CMA

    • felicia 9:26 pm on May 10, 2011 Permalink | Reply

      to correct… I started school in 2006, not 1996 for medical assistant.

      • Disability Group 9:22 am on May 13, 2011 Permalink | Reply

        Hi Felicia,

        Thank you so much for your comment and question. I am forwarding your comment to our paralegals. Stand by!

        Thanks,
        Disability Group

    • adrian rivas 2:56 pm on July 1, 2011 Permalink | Reply

      I got lupus when I was 12 and know as a adoult I have arthritis, fibromyalgia,chronic migranes, anxiety attachs and depression. All the meds I take for these things make me tiered. I need help pruving to s.s.i that I am unaboule to hold a job.

  • Disability Group 10:00 am on January 24, 2011 Permalink | Reply  

    Social Security Myths EXPOSED!! Disability Group Inc Reveals The Truth About the Social Security Claims Process 

    Applying for Social Security disability benefits can be intimidating and time-consuming. Understanding how the system works can be the difference between winning or not winning your disability benefits.  Disability Group reveals common Social Security disability myths and misconceptions.


    Myth: The Social Security Administration denies everyone the first time they apply for disability.

    This is absolutely not true!  It is easy to see why people would believe this when over 70% of all first applications filed are denied.   A claim requires a lot of paperwork, and claimants are often denied when they do not provided documents that the SSA disability reviewer has requested.  A disability lawyer can be help you to prevent an unnecessary denial by staying on top of all requests from the SSA.


    Myth: The Social Security Administration will deny you a certain number of times before you are approved.

    Also not true!  Many people simply file applications over and over again, hoping to be approved.  If you continue to file and get denied at the first stage, you are denying yourself the right to an appeal and even more importantly, you are setting yourself at the back of the line again!

    Make sure that you follow the appeals process up to the highest level in a timely manner, meeting all deadlines.


    Myth: The best way to appeal a Social Security claim denial is to file a brand new application.

    No!  This is often the worst thing you can do because most initial applications are denied.  A new application will most likely be denied for the same reason as the last.  Historically, and statistically most claimants are awarded only after being heard by an administrative law judge.  A claim will never get that far in the process if you just file a new application.  Follow the appeals process and find representation.


    Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.

    No . . . . and yes.  Certain impairments are singled out.  If you meet an SSA listing it is easier to get approved, but not automatic.  All claims are evaluated according to medical evidence. See the list of the categories of impairments that meet the SSA listing here: http://www.socialsecuritylaw.com/qualify/

    Make sure to get regular medical treatment during your claim documents your condition for a better chance of obtaining benefits.  If you have irregular doctor visits and little medical evidence, your chances for approval of disability benefits is greatly reduced.


    Myth: You cannot get Social Security Disability if you have used drugs or alcohol.

    Not true. Every case is different but you have a better chance of obtaining benefits if you have maintained at least six month of sobriety.  How often and how recent you used is most important.  Simply put, Social Security will not pay benefits to someone who caused their condition or made it worse by drug or alcohol use.  If quitting would improve your condition, it is relevant and you will not win.

    If you have a history of abuse but are not currently using substances you should carefully review your medical records before filing for disability.  Doctors and mental health professionals will often indicate “suspected use” in their treatment notes.  Such indications can have a damaging effect on a disability case.

    While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules, regulations, and paperwork that a social security attorney is better suited to deal with.

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  • Disability Group 10:00 am on January 19, 2011 Permalink | Reply
    Tags: cdr, medical review. children,   

    You got your benefits – now how do you pass a review? 

    Once you are receiving Social Security Disability benefits, the Social Security Administration will periodically review your case to make sure that you are still disabled. This review is called a Continuing Disability Review (CDR) and the law requires it.


    What can you expect from a CDR?

    When the SSA determines that you are disabled, your disability determination specialist sets a date for your case review. This schedule is called a diary. Most diaries are based on the expectation of recovery and are for three or seven years, but they can be sooner:

    • If medical improvement is “expected,” a case normally will be reviewed within six to 18 months;

    • If medical improvement is “possible,” a case normally will be reviewed no sooner than three years;

    • If medical improvement is “not expected,” a case normally will be reviewed no sooner than seven years.

    The CDR is a medical review.  SSA is trying to decide if your level of disability has improved to the point where you have medically recovered and are able to work.

    SSA will want to gather the same kind of evidence that you provided during your initial claim for Social Security Disability benefits. SSA will have you fill out forms describing your current condition and list all of the places where you have received treatment. SSA will also obtain copies of all recent medical records. If more information is needed about your condition, SSA may schedule a Consultative Exam.

    If your condition has not improved since SSA last reviewed your case, then your Social Security benefits will continue. If your condition has improved, SSA will look to see if your condition meets the current disability requirements.

    It is important that when you receive the CDR notice and forms that you fill them out and return them. If you receive the CDR mailer and throw it in the trash, SSA will send a second one. Continued failure to provide information that SSA asks for, or failure to attend an examination that it schedules, will result in termination of benefit payments. You may need help answering the questions, especially if you are not certain what is being asked and why. This is where an attorney may help.


    Continuing Disability Reviews for Children

    When a person is found to be disabled under childhood regulations, SSA will review the case when the person turns 18 to determine if the person is disabled under the adult regulations. The case is reviewed as if it were a new case. SSA is looking to see how your disability affects your ability to work as an adult. Even if your condition has not improved, your benefits will cease if your condition does not meet the current adult rules.


    Tips for a Continuing Disability Review

    SSA looks at the original status of your medical condition(s) and compares it to the current status of your medical condition(s) to decide if there has been significant medical improvement. For this reason, it is important that you continue to seek medical treatment for your condition. If you have not continued to seek medical treatment, SSA will likely order a Consultative Exam to assess your current condition. It is usually more beneficial to you if your own doctor provides that information rather than a doctor hired by SSA who really doesn’t know you or your medical condition well.

    Be honest and don’t exaggerate the symptoms caused by your current medical condition(s). The opposite is also important: don’t try to portray yourself as better than you truly are.

    SSA is required to thoroughly evaluate any new medical conditions that have arisen since you were first awarded disability benefits. For this reason, it is important to tell your disability caseworker about any new conditions or treatment you have received.

    If you receive notice that your benefits are being terminated, you are entitled to an interview with the person making the final decision on your case. If your benefits are still terminated after this interview, you can appeal the decision to an administrative law judge. You may have an attorney represent you.

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    • Jera 6:19 pm on May 11, 2011 Permalink | Reply

      At last! Someone who understands! Thanks for ptosing!

  • Disability Group 10:00 am on January 18, 2011 Permalink | Reply
    Tags: , ,   

    Why You Should Avoid Changing Lawyers in the Middle of Your Case 

    An experienced lawyer can be very helpful to you and your Social Security Disability case. Your lawyer can evaluate your case and suggest a strategy to win your case. After handling hundreds of cases, most attorneys have a fairly good perspective as to what cases are winnable and what cases are not, and what it takes to win a case. While an attorney’s opinion is not a determination of how your case will end up, he can offer you the benefit of experience. More importantly, if you decide to hire an attorney, he will make sure your case file is up-to-date with all medical records. Additionally, he will “translate” your medical problems into work limitations so that Social Security can evaluate your claim properly.

    The disability process, however, is often quite long. Many people can wait almost two years for a hearing. Some claimants become frustrated with the slow pace of the disability adjudication process and think about hiring a new attorney. They become angry at how long it takes to even get a hearing and they think that their lawyer should be doing more to move the process along.

    Except in limited cases, it can be a bad idea to change lawyers in the middle of your case.

    First, you should realize that your attorney doesn’t have any control at all over the long delays in the Social Security disability decision-making process. Social Security backlogs are at record highs across the country. Hearing offices are understaffed and judges have very little help. Over the past 10 years, claims have doubled while the number of judges has declined 10%. If there were anything your lawyer could do to speed things along, he would be doing it. Most Social Security lawyers do not get paid unless they win the case, so there is no advantage to them in delaying the process. The point is that your attorney cannot control Social Security’s backlog, nor can you expect him to secure special treatment for you. If another disability lawyer tells you that he has a secret way to move your case to the front of the line, you will probably be disappointed.

    A second reason to stay with your current lawyer relates to the fee application process. Social Security lawyers generally accept disability cases under a contingency fee contract. This process is simple. A “contingency fee” means that there is no legal fee due unless the lawyer wins your case. An attorney’s fee is typically 25% of any past due benefits collected for you, with a limit of $5,300. The lawyer does not have to file a detailed time and billing statement. Social Security will automatically withhold and pay the lawyer 25% of past due benefits up to $5,300.

    Almost every contingency fee agreement provides that if the client terminates the attorney, the attorney has the right to ask for fees representing work actually done. In this case, the lawyer will file a detailed fee petition, setting out time records, expenses, and billable time. Legal services are not free. A contingency fee agreement is a trade-off. The client can retain an attorney without paying any money up-front, and the lawyer takes the risk that the judge will not approve the case in exchange for a percentage of the recovery. If, however, you choose to terminate the agreement before the case goes to hearing, your lawyer can and will ask Social Security to approve a fee based on the time actually expended. When this happens, the fee application is no longer simple. Your lawyer will itemize each and every action he performed on your behalf and present this petition to the judge for approval.

    If you choose to change lawyers in the middle of your case, Social Security will require both lawyers to file a fee petition for work performed. Your new lawyer will not be allowed to enter into a 25% fee agreement. He, too, will have to file a fee petition to have his fees approved. If you go through two or three lawyers, you may find that more than 25% of your past due benefits are being used to pay for legal services. If your prior
    lawyer will waive any claim for fees, the new lawyer can then use the contingency fee agreement process.

    As a practical matter you should, therefore, avoid changing lawyers in the middle of your case. Choose your lawyer carefully, and unless your lawyer is clearly incompetent, ill, or dead, you should stick with your present lawyer throughout the entire disability process.

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