VETERANS DISABILITY OF HUNTSVILLE

VA DISABILITY RATINGS ARE NOT BINDING ON SOCIAL SECURITY During the last decade, I have had the privilege of representing dozens of disabled veterans in getting their Social Security benefits.  My success rate has been near 100 percent in these cases.   However, VA disability ratings are not binding on the Social Security Administration.  The VA may issue a 90 or 100 percent disability rating and Social Security can still deny benefits. The regulations governing VA benefits are different from those controlling Social Security disability benefits.  The evidence required by Social Security is also different, as are the procedures.  The key to winning Social Security disability is to prove the case according to their rules . Finally, I notice that Social Security initially denies most claims filed by disabled veterans.  I believe that's because the decision making process is flawed at the initial or application level.  However, most veterans can be approved

As a disability advocate, my job is to get the facts required to prove your Social Security disability claim--and get you paid. The most important fact to be proven is that you are disabled according to Social Security's rules .  It is not enough to make the judge believe that you are disabled.  We must prove it according to the definition of "disability" found in the 20 Code of Federal regulations, Parts 1-99.  Proof requires certain medical evidence showing the nature, duration and severity of your impairment and how it impacts your ability to perform work-related functions. A second fact we must prove is when your disability began .  This is called the onset date.  This date will determine how much back pay you can get and it will determine when your medicare coverage will start. Other facts that we must prove include: that you are not now working at substantial employment.   that you have not worked at any substantial  employment since your alleged onset

In many cases, the Social Security Administration allows veterans to avoid the long waiting time and get disability benefits much sooner. A case that could normally wait 18 to 24 months for a hearing, might be resolved in less than 90 days for a disabled veteran, especially if the veteran has a 100 percent VA disability rating. Veterans often qualify for both VA and Social Security benefits (SSDI).  One benefit does not reduce or cancel the other one.   Social Security has a totally separate process that must be completed to be considered for SSDI benefits. It is not uncommon to be denied, then approved on appeal.  In my experience, two-thirds of all denied veteran's claims are in error.  They never should have been denied, but were. My firm is experienced and successful in helping disabled veterans obtain favorable Social Security disability decisions.  We never charge a dime unless the claim is successful and back pay is awarded. Initial consultations are free and without

Disabled veterans should be receiving both VA benefits and Social Security disability benefits.  One benefit does not reduce or interfere with the other. Be aware that Social Security doesn't make it easy to get benefits and this is true even for veterans.  A large percentage of fully qualified veterans are denied--even though they meet all the criteria for benefits.  If this happens to you, appeal the denial immediately and go "up the chain of command " at Social Security. Also, there is a lot of bad information floating around these days about veterans and Social Security.  Be sure you know the facts before you decide to give up on Social Security benefits.  (Most of the cases that we win were denied earlier in the process). For example, you do not have to wait until you are out of military service to apply for benefits.  You may qualify for disability benefits while receiving active duty pay if you are unable to perform your military job. Furth

There are a few changes to Social Security in 2017. The cost of living increase will be 0.3% for persons receiving Social Security checks.  This will amount to about $5 per month for the average beneficiary. The amount of earnings needed to count as one quarter of coverage will increase to $1,300. This primarily affects non-retired, non-disabled persons who are still working. Are you disabled and need to receive a Social Security disability check?  Have you applied for disability but been denied?  You should consider using professional to represent you and try again.  You may be entitled to benefits, even if you've been denied recently.  It will cost you nothing to try again.  You never pay your representative unless you win and collect past due benefits.  (Representative's fees must be paid out of past due benefits). For help, call (256) 799-0297. Visit Our Website Here  

The Forsythe Firm i n Huntsville has experience and proficiency in helping disabled veterans get approved for Social Security disability--even after they have been denied. "Most approvals come after at least one denial," says Charles Forsythe, senior partner and disability specialist at the Forsythe Firm. The initial decision on a disability claim is are made by the state of Alabama, not by Social Security.  A state agency known as the Disability Determination Service, or DDS for short , decides if a claimant technically meets the medical req uiremen t for disability.   Forsythe explains, "The DDS denies about 7 out of 10 disability claims, often through error.  It is up to the claimant to challenge the denial with an appeal and get matters corrected."  There is a 60 -day deadline to file this appeal. "Nobody expects Social Security to get every decision right," Forsythe adds.  "Just the opposite.  We expect them to get many of them wrong