Posted on May 28, 2016
Vets Disability Network – Assisting Disabled Vets Get What They Deserve
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70% are denied on the Initial Application Stage – Once an application is filed, a decision is rendered with 4-6 months. When you file on your own, it is very difficult to get status of your claim. Social Security will ship you a load of paperwork and deadlines and then many times, go silent. What results for most is a denial. Vets who get assistance with filing statistically have a better chance of getting awarded.
Over 85% are denied on the Reconsideration stage – once you are denied on the initial application, Social Security offers you the option of appealing that decision within 60 days. In most states, you move to the reconsideration stage. Unfortunately, over 85% of unrepresented applicants are denied at this stage as well.
50% are AWARDED at the Hearing stage with an Attorney – at this point, the majority of applicants will have dropped their applications because of the frustration with getting denied. What most Vets don’t realize is by not pursuing one more appeal, they are missing out on their best chance of securing benefits for themselves and their families. Don’t stress about an appeal, have an Attorney/Advocate do it for you.
Over 85% are denied on the Reconsideration stage – once you are denied on the initial application, Social Security offers you the option of appealing that decision within 60 days. In most states, you move to the reconsideration stage. Unfortunately, over 85% of unrepresented applicants are denied at this stage as well.
50% are AWARDED at the Hearing stage with an Attorney – at this point, the majority of applicants will have dropped their applications because of the frustration with getting denied. What most Vets don’t realize is by not pursuing one more appeal, they are missing out on their best chance of securing benefits for themselves and their families. Don’t stress about an appeal, have an Attorney/Advocate do it for you.
Vets Disability Network – Assisting Disabled Vets Get What They Deserve
Posted from vetsdisabilitynetwork.com
Posted >1 y ago
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The Department of Veteran Affairs has been much more efficient and transparent in my case that the Social Security Administration has SFC Joe S. Davis Jr., MSM, DSL. I needed a Congressman's help initially for the VA to pay out the disability they had rated me at. Since that point they have been slow but more amenable.
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Why does the government programs penalize legal US citizens who actually deserve and earn the benefits, but caters to those haven't? It is apparent in so many programs, Social security, legal immigration... but programs like welfare, aid to illegal aliens and foreigners get assistance... why not take care of our own first.
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The most important things to know before filing for any type of government benefit is to know what the law says that covers that benefit. In this case, Social Security is very complicated and may require the assistance of a representative (rep). If you're going to get a rep, do it before filing. The sooner in the process you can get approved, the less you pay the rep. The law allows the rep to receive the lesser of 25% of back benefits up to $6,000. If you wait to hire a rep at the hearing level, you'll have a lot more back benefits due for the rep to snatch from you than if you're approved at the initial level. Plus, if your rep is worth a damn, they'll file the application for you and help you complete all those forms Social Security is going to send you after you file.
You need to understand the difference between Social Security disability and VA disability. They're as different as night and day.
VA disability operates like workers compensation for civilians in most aspects. With the VA, parts of your bodily systems can be at various degrees of disabled.
Under Social Security, you're either 100% disabled and cannot perform any work in the national economy at substantial gainful activity levels or you're not. The burden of proof lies with you, the claimant, through Step 4 of the sequential evaluation process. If you don't know what that means, don't file a claim until you've obtained representation. BTW, Step 4 is a finding as to whether you can perform your past relevant work (PRW). If you can't perform PRW, the case moves on to Step 5. At Step 5, a finding is made to see if you can perform other work in the national economy. This finding is based upon a physical/mental (or combination) residual functional capacity assessment (RFCA) the the doctor at the state level or a judge at the hearing level assesses based upon the medical evidence and your alleged symptoms, if they're consistent with other allegations in the record. A vocational expert (VE) will testify if jobs exist in the national economy that you can compete for based upon the RFCA. if jobs exist in significant numbers, you are not disabled.
See the differences? There are other steps to consider (1-3) before getting to the RFCA, but Step 4 and 5 are the biggies.
Also know VA disability and Social Security (SSA) disability are exclusive from one another. Social Security decision makers are not bound by the VA's determinations nor is the VA bound by SSA's rulings.
***This posting is not an official endorsement of the SSA or any other government agency for how to handle a disability claim or otherwise. The opinion or findings are my interpretation of the laws regarding each program.
You need to understand the difference between Social Security disability and VA disability. They're as different as night and day.
VA disability operates like workers compensation for civilians in most aspects. With the VA, parts of your bodily systems can be at various degrees of disabled.
Under Social Security, you're either 100% disabled and cannot perform any work in the national economy at substantial gainful activity levels or you're not. The burden of proof lies with you, the claimant, through Step 4 of the sequential evaluation process. If you don't know what that means, don't file a claim until you've obtained representation. BTW, Step 4 is a finding as to whether you can perform your past relevant work (PRW). If you can't perform PRW, the case moves on to Step 5. At Step 5, a finding is made to see if you can perform other work in the national economy. This finding is based upon a physical/mental (or combination) residual functional capacity assessment (RFCA) the the doctor at the state level or a judge at the hearing level assesses based upon the medical evidence and your alleged symptoms, if they're consistent with other allegations in the record. A vocational expert (VE) will testify if jobs exist in the national economy that you can compete for based upon the RFCA. if jobs exist in significant numbers, you are not disabled.
See the differences? There are other steps to consider (1-3) before getting to the RFCA, but Step 4 and 5 are the biggies.
Also know VA disability and Social Security (SSA) disability are exclusive from one another. Social Security decision makers are not bound by the VA's determinations nor is the VA bound by SSA's rulings.
***This posting is not an official endorsement of the SSA or any other government agency for how to handle a disability claim or otherwise. The opinion or findings are my interpretation of the laws regarding each program.
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