How Veterans Can Receive Both SSDI and VA Benefits

how veterans can receive both SSDI and VA Benefits

How veterans can receive both SSDI and VA Benefits. An award of VA disability benefits known as service-connected disability compensation is not based on income. So you can receive VA disability compensation and Social Security Disability Insurance at the same time while getting VA disability benefits. Therefore, it is possible to receive SSDI, VA Disability and VA Pension at the same time.

The US veterans with disabilities are often stunned to learn they can qualify for Veteran’s Administration (VA) disability and Social Security Disability Insurance (SSDI) at the same time. Yet many Veterans believe they can only receive VA Disability and not eligible for SSDI.  However, the Veteran’s Administration and Social Security Administration (SSA) are separate but together supportive Organizations.  The Government Accountability Office and SSA provide veterans with access to SSDI.  A special legislation provides help for disabled service personnel to get disability benefits they need.  This is one of the ways how veterans can receive both SSDI and VA Benefits.

Applying for Veteran’s Administration Benefits

However, US military veterans can qualify for VA benefits if they have a mental or physical disability.  That happens from their active military service.  As a result, if their application approved by the Board of Veterans Appeals (BVA) give a disability rating of 10% to 100%.  That can be a higher rating to receive a higher monthly payment.  Those who receive a 10% rating receive an extra $133.57 per month.  While someone rated at 100% receive $2,915.55 as of December 2016.  However, a rating of 30% with dependents receive more.

Veteran’s application can fast-tracked if the applicant meets one of the following criteria below:

  • Status as a former POW
  • Post-traumatic stress disorder
  • Sexual trauma while on active duty
  • Evidence of homelessness or serious financial need

As a result, veterans are getting VA benefits when applying for SSDI, their chances of a successful claim increase.  The SSA definition of disability has a strong likeness to the VA standard of “employability”.  However, a higher VA rating means another federal agency has found the applicant disabled to work and have a positive impact on the SSA final decision.

Applying for Social Security Disability Insurance

SSDI pays monthly benefits to applicants for both civilian and military who become disabled before reaching retirement age.  In order to qualify for a disabled veterans must have a physical or mental disability that will last at least one year or death.  Also, an employment history that includes at least five years of full-time employment over previous 10 years.

The SSA provides US veterans with special credits that increase the value of earnings for benefit calculation purposes.  Those who served in the military between 1978 and 2001, receive a credit of $100 for every $4,300 earned.  If served in the military between 1957 and 1977, credits are approximately $300 per quarter of active duty income.  For veterans who served on the military dates prior to 1957 credited $160 per month in earnings.

Another SSA allowance to former military personnel veteran meets a least one of the criteria below.  Therefore their disability application will be fast-tracked.

  • Veteran’s Administrative disability rating of 100%
  • Disability during active due after October 1, 2001

SSA not required to automatically follow suit if an applicant has granted benefits by another organization.  Each agency has its own rules and criteria for disability determination such as the VA.  A successful VA application can play a major role in winning and getting approved for SSDI benefits.  Especially if a veterans disability rating is 70% or higher.  However, a lower rating could have an opposite effect that SSA requires applicants to be completely disabled while the VA allows for partial disability.

For additional information about VA and SSDI benefits and how to apply for as disabled veterans.  Visit the Veterans Administration website at http://www.va.gov/ and the SSA website at https://www.ssa.gov/  Or contact the VA at 1800-827-1000 and the SSA at 180-772-1213.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook at https://www.facebook.com/SSDandYou/

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Social Security Disability Expedites Compassionate Allowances Conditions

social security disability expedites compassionate allowances conditions

Social Security Disability expedites compassionate allowances conditions.  As long as  you have one of these impairments. Consequently, for more information about the compassionate allowance please click on the link Compassionate Allowance conditions list at https://www.ssa.gov/compassionateallowances/conditions.htm

Released on Tuesday, September 5, 2017

As a result, Social Security Disability expedites Compassionate Allowances claims.  But you must have one of the Compassionate Allowances Conditions below.  More importantly, you must  have medical documents and test results to prove you one of the Compassionate Allowances Conditions.

However, if you have an attorney, inform him or her about the Compassionate Allowances Conditions.  Yet, show you attorney or representative the article and list of Compassionate Allowances.

Social Security Disability Expedites Compassionate Allowances Conditions

(A – D)

Acute Leukemia 
Adrenal Cancer – with distant metastases or inoperable, unresectable or recurrent 
Adult Non-Hodgkin Lymphoma
Adult Onset Huntington Disease
Aicardi-Goutieres Syndrome
Alexander Disease (ALX) – Neonatal and Infantile
Allan-Herndon-Dudley Syndrome 
Alobar Holoprosencephaly
Alpers Disease 
Alpha Mannosidosis – Type II and III 
ALS/Parkinsonism Dementia Complex 
Alstrom Syndrome 
Alveolar Soft Part Sarcoma 
Amegakaryocytic Thrombocytopenia 
Amyotrophic Lateral Sclerosis (ALS) 
Anaplastic Adrenal Cancer – Adult with distant metastases or inoperable, unresectable or recurrent
Angelman Syndrome

Angiosarcoma 
Aortic Atresia 
Aplastic Anemia 
Astrocytoma – Grade III and IV 
Ataxia Telangiectasia

Atypical Teratoid/Rhabdoid Tumor 
Batten Disease 
Beta Thalassemia Major
Bilateral Optic Atrophy- Infantile 
Bilateral Retinoblastoma 
Bladder Cancer – with distant metastases or inoperable or unresectable
Breast Cancer – with distant metastases or inoperable or unresectabl

Canavan Disease (CD)

CACH–Vanishing White Matter Disease-Infantile and Childhood Onset Forms (Effective 9/16/2017)
Carcinoma of Unknown Primary Site

Cardiac Amyloidosis- AL Type 
Caudal Regression Syndrome – Types III and IV 
Cerebro Oculo Facio Skeletal (COFS) Syndrome 
Cerebrotendinous Xanthomatosis

Child Lymphoblastic Lymphoma

Child Lymphoma 
Child Neuroblastoma – with distant metastases or recurrent
Chondrosarcoma – with multimodal therapy

Chronic Idiopathic Intestinal Pseudo Obstruction 
Chronic Myelogenous Leukemia (CML) – Blast Phase

Coffin-Lowry Syndrome 
Congenital Lymphedema

Congenital Myotonic Dystrophy (Effective 9/16/2017)

Cornelia de Lange Syndrome – Classic Form
Corticobasal Degeneration 
Creutzfeldt-Jakob Disease (CJD) – Adult 
Cri du Chat Syndrome 

Degos Disease – Systemic
DeSanctis Cacchione Syndrome
Dravet Syndrome 

(E – I)

Early-Onset Alzheimer’s Disease
Edwards Syndrome (Trisomy 18)
Eisenmenger Syndrome 
Endometrial Stromal Sarcoma
Endomyocardial Fibrosis 
Ependymoblastoma (Child Brain Cancer)
Erdheim Chester Disease
Esophageal Cancer

Esthesioneuroblastoma 
Ewing Sarcoma
Farber Disease (FD) – Infantile 
Fatal Familial Insomnia
Fibrodysplasia Ossificans Progressiva 
Follicular Dendritic Cell Sarcoma – metastatic or recurrent
Friedreichs Ataxia (FRDA)
Frontotemporal Dementia (FTD), Picks Disease -Type A – Adult 
Fryns Syndrome 
Fucosidosis – Type 1 
Fukuyama Congenital Muscular Dystrophy 

Fulminant Giant Cell Myocarditis 
Galactosialidosis – Early and Late Infantile Types 
Gallbladder Cancer 
Gaucher Disease (GD) – Type 2

Giant Axonal Neuropathy 
Glioblastoma Multiforme (Brain Cancer) 
Glioma Grade III and IV 
Glutaric Acidemia – Type II 
Head and Neck Cancers – with distant metastasis or inoperable or unresectable
Heart Transplant Graft Failure 
Heart Transplant Wait List – 1A/1B 
Hemophagocytic Lymphohistiocytosis (HLH) – Familial Type 
Hepatoblastoma
Hepatopulmonary Syndrome 
Hepatorenal Syndrome 
Histiocytosis Syndromes

Hoyeaal-Hreidarsson Syndrome 
Hutchinson-Gilford Progeria Syndrome 
Hydranencephaly
Hypocomplementemic Urticarial Vasculitis Syndrome 
Hypophosphatasia Perinatal (Lethal) and Infantile Onset Types
Hypoplastic Left Heart Syndrome

I Cell Disease 
Idiopathic Pulmonary Fibrosis

Infantile Free Sialic Acid Storage Disease 
Infantile Neuroaxonal Dystrophy (INAD)
Infantile Neuronal Ceroid Lipofuscinoses
Inflammatory Breast Cancer (IBC) 

Intracranial Hemangiopericytoma 

(J – M)

Jervell and Lange-Nielsen Syndrome

Joubert Syndrome 
Junctional Epidermolysis Bullosa – Lethal Type 
Juvenile Onset Huntington Disease 
Kidney Cancer – inoperable or unresectable
Kleefstra Syndrome (Effective 9/16/2017)

Krabbe Disease (KD) – Infantile 
Kufs Disease – Type A and B 
Large Intestine Cancer – with distant metastasis or inoperable, unresectable or recurrent>
Late Infantile Neuronal Ceroid Lipofuscinoses 
Leigh’s Disease
Leiomyosarcoma

Leptomeningeal Carcinomatosis
Lesch-Nyhan Syndrome (LNS) 
Lewy Body Dementia

Liposarcoma – metastatic or recurrent 
Lissencephaly 
Liver Cancer 
Lowe Syndrome 
Lymphomatoid Granulomatosis – Grade III 
Malignant Brain Stem Gliomas – Childhood

Malignant Ectomesenchymoma 
Malignant Gastrointestinal Stromal Tumor 
Malignant Germ Cell Tumor 
Malignant Multiple Sclerosis

Malignant Renal Rhabdoid Tumor
Mantle Cell Lymphoma (MCL) 
Maple Syrup Urine Disease

Marshall-Smith Syndrome 
Mastocytosis – Type IV 
MECP2 Duplication Syndrome 
Medulloblastoma – with metastases
Menkes Disease – Classic or Infantile Onset Form
Merkel Cell Carcinoma – with metastases 
Merosin Deficient Congenital Muscular Dystrophy
Metachromatic Leukodystrophy (MLD) – Late Infantile
Mitral Valve Atresia 
Mixed Dementias 
MPS I, formerly known as Hurler Syndrome 
MPS II, formerly known as Hunter Syndrome 
MPS III, formerly known as Sanfilippo Syndrome 
Mucosal Malignant Melanoma 
Multicentric Castleman Disease 
Multiple System Atrophy 
Myoclonic Epilepsy with Ragged Red Fibers Syndrome 

(N – P)

Neonatal Adrenoleukodystrophy 
Nephrogenic Systemic Fibrosis 
Neurodegeneration with Brain Iron Accumulation – Types 1 and 2 
NFU-1 Mitochondrial Disease
Niemann-Pick Disease (NPD) – Type A 
Niemann-Pick Disease-Type C 
Nonketotic Hyperglycinemia
Non-Small Cell Lung Cancer
Obliterative Bronchiolitis 
Ohtahara Syndrome

Oligodendroglioma Brain Cancer- Grade III
Ornithine Transcarbamylase (OTC) Deficiency 
Orthochromatic Leukodystrophy with Pigmented Glia 
Osteogenesis Imperfecta (OI) – Type II 
Osteosarcoma, formerly known as Bone Cancer – with distant metastases or inoperable or unresectable
Ovarian Cancer – with distant metastases or inoperable or unresectable

Pallister-Killian Syndrome 
Pancreatic Cancer
Paraneoplastic Pemphigus 
Patau Syndrome (Trisomy 13) 
Pearson Syndrome 
Pelizaeus-Merzbacher Disease-Classic Form 
Pelizaeus-Merzbacher Disease-Connatal Form 
Peripheral Nerve Cancer – metastatic or recurrent 
Peritoneal Mesothelioma 
Peritoneal Mucinous Carcinomatosis
Perry Syndrome 
Phelan-McDermid Syndrome
Pleural Mesothelioma 
Pompe Disease – Infantile
Primary Central Nervous System Lymphoma 
Primary Effusion Lymphoma 
Primary Progressive Aphasia

Progressive Bulbar Palsy
Progressive Multifocal Leukoencephalopathy 
Progressive Supranuclear Palsy

Prostate Cancer – Hormone Refractory Disease – or with visceral metastases 
Pulmonary Atresia 
Pulmonary Kaposi Sarcoma 

(R – Z)

Retinopathy of Prematurity – Stage V
Rett (RTT) Syndrome

Revesz Syndrome
Rhabdomyosarcoma 
Rhizomelic Chondrodysplasia Punctata 
Roberts Syndrome

Salivary Cancers 
Sandhoff Disease
Schindler Disease – Type 1

Seckel Syndrome 
Severe Combined Immunodeficiency – Childhood
Single Ventricle

Sinonasal Cancer 

Sjogren-Larsson Syndrome 
Skin Malignant Melanoma with Metastases
Small Cell Cancer (Large IntestineProstate or Thymus)

Small Cell Cancer of the Female Genital Tract
Small Cell Lung Cancer 
Small Intestine Cancer – with distant metastases or inoperable, unresectable or recurrent
Smith Lemli Opitz Syndrome

Soft Tissue Sarcoma – with distant metastases or recurrent
Spinal Muscular Atrophy (SMA) – Types 0 and 1
Spinal Nerve Root Cancer-metastatic or recurrent 
Spinocerebellar Ataxia
Stiff Person Syndrome
Stomach Cancer – with distant metastases or inoperable, unresectable or recurrent
Subacute Sclerosing Panencephalitis 
Tabes Dorsalis 
Tay Sachs Disease – Infantile Type 
Thanatophoric Dysplasia – Type 1 
Thyroid Cancer
Transplant Coronary Artery Vasculopathy
Tricuspid Atresia 
Ullrich Congenital Muscular Dystrophy 
Ureter Cancer – with distant metastases or inoperable, unresectable or recurrent
Usher Syndrome – Type I

Ventricular Assist Device Recipient – Left, Right, or Biventricular 
Walker Warburg Syndrome 
Wolf-Hirschhorn Syndrome 
Wolman Disease
X-Linked Lymphoproliferative Disease

X-Linked Myotubular Myopathy

Xerodema Pigmentosum

Zellweger Syndrome

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook at https://www.facebook.com/SSDandYou/

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Social Security Expedites Decisions to Those with Serious Disabilities

social security expedites decisions to those with serious disabilities

Social Security expedites decisions to those with serious disabilities. The three new Compassionate Allowances Conditions (CACH) are Vanishing White Matter Disease-Infantile and Childhood Onset Forms, Congenital Myotonic Dystrophy, and Kleefstra Syndrome. Social Security expedited Disability Benefits for more than 50 medical conditions. Go to https://cpollardlaw.com/social-security-disability/expedited-decisions/
for a complete list of medical impairments on the Compassionate Allowances List.

Released on Tuesday, September 5, 2017

Nancy A. Berryhill, Acting Commissioner of the Social Security Administration (SSA), announced three new Compassionate Allowances Conditions (CACH).  As result, the conditions are Vanishing White Matter Disease-Infantile and Childhood-Onset Forms, Congenital Myotonic Dystrophy, and Kleefstra Syndrome.  But Compassionate Allowances are a quick way to identify serious diseases.  Since the medical conditions meet Social Security’s standards for disability benefits.  Now Social Security Expedites Decisions to Those with Serious Disabilities.

Yet Social Security committed now and in the future to identify and fast-track diseases that can get approved for disability benefits said Acting Commissioner Berryhill.

Compassionate Allowances List Grows

According to the Compassionate Allowance Program, they identify claims for applicant’s disease or condition.  The claims must meet Social Security statutory standard for disability.  Several claims allowed based on medical confirmation of the diagnosis alone.  For example, pancreatic cancer, amyotrophic lateral sclerosis (ALS), and acute leukemia.  However, there are almost 500,000 people with severe disabilities that were approved.  Through the fast-track policy-complaint disability process now grown to a total 228 conditions.

Since the Compassionate Allowance incorporated that way the agency can easily identify and make quick decisions.  Consequently, other disability cases not covered by the Compassionate Allowances program.  The Social Security’s Health IT program speed up the process by electronic medical records to the disability determination process.  When a person applies for disability benefits then Social Security must get medical records in order to make an accurate determination.  But it may take weeks for healthcare organization to provide medical records for an applicant’s case.  By having electronic records transmission, Social Security can quickly get claimant’s medical information to review and make a determination faster than ever before.

The Compassionate Allowances and Health IT Programs are making stride to ensure Americans with disabilities quickly receive benefits.

For more information about the Compassionate Allowance conditions list, please visit www.socialsecurity.gov/compassionateallowances.

 

Also, go to www.socialsecurity.gov/hit to learn more about the Social Security’s Health IT Program.

You can apply online for disability benefits by visiting www.socialsecurity.gov.

To create my Social Security account, please visit www.socialsecurity.gov/myaccount.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook at https://www.facebook.com/SSDandYou/

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The Federal Judge Will Rule One of These Social Security Disability Verdicts

the federal judge will rule one of these ssd verdicts

The Federal Judge will rule one of these ssd verdicts: Remand the Case, Uphold the Decision, and Change the Decision. If you received a denial letter from the Appeals Council Review, you may feel all hope lost. But there is one last option left for an appeal Federal District Court.  Less than 2% of all applicants file this request. If you disagree with the appeal council’s decision.  Then you can file a civil action/complaint with your local Federal District Court. After 60 days from the date you received your denial letter from the Appeals Council.

Remand the Case

The Federal Judge will rule one of these Social Security Disability (SSD) verdicts.  Remand the Case, Uphold the Decision, and Change the Decision.  First is Remand Social Security Disability case back to the Administrative Law Judge.  Then the Federal Judge decides to end your SSD claim back to the ALJ for another hearing.  For the ALJ to review errors made on the SSD claim.  Yet the Federal Judge request ALJ review specific issues that was not given full consideration by the previous SSD hearing.

Uphold the Decision

It means the Federal Judge decides to uphold SSD original decision by the ALJ and the Appeals Council (AC).  It’s likely attempt to appeal again with Federal Circuit Court.  But this time around have a lower chance for SSD approval outcome.

Change the Decision

A Federal Judge decided to overturn the decision made by ALJ and AC.  The applicant get approved for disability benefits are very rare decision should not expected.

Over 70% of the time, Federal Judges uphold the original decision made by the ALJ and AC.  Most of the remaining 30% of the claims will get sent back for review by an ALJ.  Very few Social Security Disability benefits get approved.

Will I Need an Attorney for Federal District Court?

The appeals process for Federal District courts can get complicated and frustrating. However, the Federal Judges look for legal mistakes made by ALJ’s and included in the briefs.  But if you do not have representation, you will have to write your briefs yourself pointing out how the ALJ made a legal error while making a decision.  Having a disability attorney is necessary for Federal District Court.  If you would like a fighting chance of a positive outcome, I highly recommend finding a disability attorney.  Before you send in a request for federal review

How Long to Receive a Federal Judge Decision?

It can take up to two years to get a scheduled appeal court hearing before you can decide. Due to the ALJ’s having heavy and busy work schedules.  If approved for SSD benefits, you will receive a large one lump sum check for back pay once approved.  Then, you will begin to receive your monthly benefit checks.  If, denied SSD benefits then your last option is to file an appeal with the Federal Circuit Courts. It can be very expensive.

The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://shop.socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook https://www.facebook.com/SSDandYou/

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Veterans Assistance Social Security Disability Project

Veteran Assistance Social Security Disability Project

Veteran Assistance Social Security Disability Project has a toll-free intake line for veterans 877-564-3383. That gives out brief information advice to veterans and screens cases to get invited to a monthly legal clinic. At the Veterans Assistance Project (VAP) legal clinic have volunteer lawyers assess possible legal remedies to help veterans with Social Security Disability claims and appeals. Yet the Veterans Administration Assistance ranges from locating service documents, medical records to prepare filing claims directly representing veteran’s hearings.

This article is for the Veterans Assistance Social Security Disability Project only for New York residents.  However, the City Bar Just Center’s Veterans Project Assistance Project (VAP) provides disable low-income veterans with pro bono legal assistance.  Actually on issues associated with veteran’s, Social Security Disability (SSD) claims to help get approved for benefits.  The Veterans Assistance Social Security Disability is for New York residents.

Veteran Assistance Social Security Disability Project

Yet, veterans can contact VAP at 1877-564-3383 for their intake line.  The VAP Intake Representative give brief advice, information and screens cases to invite veterans to a monthly legal clinic.  For the most part, legal clinic consists of volunteer lawyers to help veterans file SSD claims and appeals with the Veteran Administration.  However, assistance consists of locating service documents and medical records to file SSD claims.  Also, directly representing veterans at SSD appeal hearings.

Since the beginning of VAP has provided legal assistance to more than 1,300 veterans.  Not to mention VAP recovered approximately $5.3 million retroactive disability benefits for veterans.  Moreover, they have given over two million in free legal services for veterans.  Yet, VAP has resources of more than 450 trained pro bono attorneys.  Attorneys are from over 60 law firms and corporations.  But Veterans Assistance Project provides Continuing Legal Education (CLE) for their volunteer attorneys.

In addition, I had the opportunity to speak to Mr. Kent Eiler who is the Direct of the Veterans Assistance Project.  As a result Mr. Kent Eiler was very nice and caring about veterans getting approved for SSDI benefits.  He is always looking for new information to help veterans with their disability claims.  Mr. Kent Eiler even brought my book “The Practical Guide to Social Security Benefits” for additional information about applying for SSDI benefits.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://shop.socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook https://www.facebook.com/SSDandYou/

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Ten States Skip the Social Security Disability Reconsideration Step

ten states skip the social security disability reconsideration step

Ten states skip the Social Security Disability Reconsideration step. However, filing an appeal to your initial disability application denial.  However, see below the ten states, your appeal will become your request for a hearing.

Ten states skip the Social Security Disability Reconsideration step.  However, reconsideration step is between the Social Security Disability (SSD) initial denial and the appeal hearing.  Yet, each state agency reviews the disability case again to see if an approval granted.  But it is often called the first appeal.  In addition, these 10 states only offer the first appeal becomes the Request for Hearing.

Ten States Skip the Social Security Disability Reconsideration Step

  1. Alabama
  2. Alaska
  3. California (Los Angeles North and Los Angeles West Branches only)
  4. Colorado
  5. Louisiana
  6. Michigan
  7. Missouri
  8. New Hampshire
  9. New York
  10. Pennsylvania

But keep in mind these 10 steps does not allow you to file a reconsideration.  Yet, I came across this information and shocked to see you cannot file reconsideration in ten states.  So decided to share this important information on my website.  However, print this information for your records.  In conclusion, always get the updated Social Security Disability information from my website.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook at https://www.facebook.com/SSDandYou/

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Ten tips for winning your Social Security Disability case in federal court

ten tips winning your social security disability in federal court

Ten tips winning your Social Security Disability in federal court. For many disability non-attorneys and attorney, if an application is denied. By an Administrative Law Judge and the Appeals Council does not grant review, then the SSD claim is dead. It should not be the case because the best way to represent a client in federal court appeals must be part of the overall strategy.

The National Organization of Social Security Claimants Representative Conference (NOSSCR) in San Francisco.  During the conference, each presenter gave excellent advice how to be successful in Federal District Court.  Below are the ten tips winning your Social Security Disability in Federal District Court.

  1. Develop a concept of the case at your earliest opportunity.  Yet, every Judge is looking at a case from the first time applied for SSD benefits.  The Judge wants to know why the claimant cannot work.  When filling out Federal District Court forms be specific answering questions about daily activities.  However, your answers should pertain to the theory of the case.
  2. Get all the medical and test records.  It will make the Administrative Law Judge’s (ALJ) job easier.  If the case goes to Federal District Court, you want the medical records to specify your impairment.
  3. Submit a written brief to the Administrative Law Judge highlight the important evidence, clarify the issues, and present your theory of the case.  You may win your SSD claim in front of the ALJ whether than going to Federal District Court.
  4. Deal with unfavorable facts early.  If there are few medical treatment records due to the claimant not having medical insurance and unable go to the doctor?  Make sure you inform the ALJ in the record. That way the Federal Judge does not have to guess you have no medical treatment records.  The ALJ’s cannot say a claimant is not severely disabled due to the lack of medical treatment records.
  5. Get third-party testimony. Claimants can have friends, relatives, as a witness to attend the hearing.  Or submit a letter describing the claimant’s disability impairments. Third party testimony is helpful in cases dealing with mental impairments or claimants pain level.
  6. Enter into a voluntary dismissal with government counsel for remand.  If your case can benefit from remand then send a brief letter to the Office of General Counsel.  Also, state why you think they should agree to a remand.  (This advice was given at the NOSSCR, it is not clear how often it works)
  7. Know the law clerk and court.  Try to find out as much information you can about the federal judge who assigned to your case in district court.  If the same judge decided your Social Security Disability case before then you can give a detailed explanation of the consecutive evaluation in your brief.
  8. Write a detail comprehensive brief.  Use plain language for the record define-terms.  Even though the judges and law clerks can retrieve legal resources and medical dictionaries.  It is helpful for you to define the medical term in a sentence.
  9. Creditability.  Follow all the court rules and be honest.  Do not overstate.
  10.  File a reply brief.  Several law clerks will read the reply briefs to find the real issues in a case.  At the hearing you want to persuade the judge to decide in your favor; the reply brief gives you an opportunity to restate your position.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook https://www.facebook.com/SSDandYou/

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Work Hard, Be Humble, And Respectful When Fighting For Your Social Security Benefits

be humble respectful when fighting for your social security benefits

Be humble, respectful when fighting for your Social Security Disability Benefits.  Always keep on top of your claim. When you send documents to the Social Security have the documents in before the deadline, mail it certified/return receipt or fax it.  Do not assume regular mail will arrive at the Social Security in a timely manner. Having a fax receipt or certified/return receipt is proof you sent the documents.  However, call and check the status of your claim to make sure it does not fall through the cracks.
Here is some advice the Social Security Administration (SSA) employees sometimes provide wrong information to the public. SSA employees do not mean to get bad information about SSDI but it does happen.  Always remember this “Trust, but verify.”

The first thing you should to do is work hard, be humble, respectful when fighting for your Social Security Disability Benefits.  Having a bad attitude, smart mouth, not getting medical documents, research your medical condition.  No name calling to offend the Social Security Disability Representative because it is not going to get you anywhere.  But your case in a pile.  When someone who is willing to help you with your Social Security Disability (SSD) case.  Do have a million things to do whether than working hard on your case.

I personally know what attorneys go through with their Social Security Disability clients.  For example, the clients assume the attorney does all the work for them.  Meanwhile, the client does nothing to help their own SSD case.  Instead of sitting around it is your job to collect medical evidence to prove your case too.  It is your responsibility to keep all surgery discharge documents, doctor office visits, hospital documents, and test results etc. for your SSD case.  Also, any letters your attorney ask to write on your behalf for your case.

However, having a bad attitude when you speaking or writing to Social Security or The Office of Disability Adjudication and Review (ODAR).  When speaking to anyone about your SSD case be nice, polite, and do not express your real bad feelings.  Expressing your real feelings can come out mean and disrespectful.  I know you are stress, mad, having a mental breakdown, and want to get approved right now.  My mother used to tell me “you can catch more flies with honey.”  What that means is being nice for things you want.  So if you do not have any more honey in your body, go to the Dollar Tree and buy some for a $1.00.  Having a bad attitude is not going to get you anywhere.  But having a good positive attitude is going to get you the information you need to get approved.

I would like to tell you a short story about a person who fought their case for 8 years.  So out of the 8 years, this person got denied 2 times, but it he had a good attitude.  He kept fighting until approved for SSD Benefits.  It might have taken him 8 years but it paid off for working hard, being humble, and respectful to people,  Now he has learned the SSD process throughout the 8 years of trying to get approved.  But it finally paid off of getting approved.

But good behavior will give you an opportunity to increase your chances of getting approved the first time around.  If you like the person above in the story fighting for his SSD Case.  It is so time-consuming when fighting your case, but you must make take time to work on your own case.  For instance, set aside some time each day to work on your case.  You can research your disability in google, Mayo Clinic, Cleveland Clinic to print out and give to your attorney or to Social Security Disability for evidence.  Also, go to the Social Security Disability Blue Listing for your impairment or impairments at https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm

On more thing is to write a statement letter describing your disability.  In the statement, the letter includes from the time you get up in the morning from the time you go to bed.  Informed SSD who does your grocery shopping, wash clothes, housekeeping, prepare your meals, take you to doctor visits, bath and dress you etc.  Let Social Security Disability aware of all of your struggles.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook https://www.facebook.com/SSDandYou/

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Why Social Security Disability Sends You to See Their Doctor?

why social security disability sends you to see their doctor

Why Social Security Disability sends you to see their doctor. When you first apply for disability, you may receive a letter to go to a medical exam. Consultative Examinations are sometimes required by the Social Security Administration due to the claimant either has not received medical treatment for their condition recently. Within the past 60 days has no or not enough medical records that support a finding of disability.

Why Social Security Disability sends you to see their doctor?  It depends on your disabling medical condition or conditions.  The Social Security Disability (SSD) examiners normally send you to a consultative examination (CE).  If your medical records are inadequate to determine your disability under the Social Security Disability guidelines.

The disability examiner may try to get additional information from your medical sources.  The examiner will contact your medical sources again for the information. Or schedule a consultative examination to see one of their doctors.  However, SSD like to use your personal doctor medical treatment sources for the CE.  If he or she qualified. Equipped to perform a CE for an authorized fee.

But Social Security rules given to the disability examiner.  To have the option to use an independent medical source for the CE or diagnostic test if:

  1. Your doctor does not want to perform the Consultative Examination;
  2. If the doctor does not have the equipment to perform Consultative Examination.  To provide the information disability determination needed;
  3. You decide to go to a different doctor and have a good reason for doing so;
  4. Your doctor is not qualified source for medical information;

Yet very few consultative medical exams were ever performed by a claimant’s own doctor.  Usually, claimants will go to exams conducted by Social Security Disability contracted doctors.  Whom they’ve never met.

However, if the disability examiner decides that they need more medical information.  You make have to go to a consultative examination with a neurologist, physician, ophthalmologist, psychiatrist, psychologist, etc.

The doctor who performs the CE may not specialize in the medical field.  That deals with your medical condition.  For example, you may have back pain, but the consultative examination doctor may specialize in allergist.  It occurs when the SSD Examiner needs additional information about the limitation of a physical problem. Social Security sends you to whoever is available in your area to conduct the exam.

Many individuals who have mental illness see someone who specializes in mental conditions.  Yet, it means a psychiatrist should be able to do a full psychiatric exam. But it usually means seeing a psychologist that administered a memory test, IQ test or mental status exam.

Make sure the disability examiners have plenty of general medical information with clarification of your medical records.

Also, if the disability examiners have plenty of general medical information.  But need some clarification of the medical records.  Or an additional expert evaluation of an individual’s medical condition. For limitations that’s when an examiner send you to a specialist for clarification.  Therefore, many disability claimants receive thorough medical evaluations.  By doctors who specialize in their medical condition.  This only happens when the Disability Examiner is unable to determine your limitations through regular medical treatment records.

Yet, the disability examiner sends you to general consultative examinations performed the CE with a specialist.  These consultative examinations give the disability examiner a general status of your disabling medical condition.  However, many consultative examinations do not lead to approval for SSD benefits.  Unless something like intelligence quotient (IQ) testing.  Or memory testing to evaluate mental functioning because it is not subjective by nature.

After completing the testing scores are determined by the severity of their medical conditions.  Other evaluation of physical conditions, such as back pain, can be far more subjective.

Make sure you have all medical records, test results,  a thorough statement about disability limitations from your doctor.  Letters from family and friends explaining your disability limitations to avoid going to a consultative examination.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99 can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you purchase the book, you will get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook https://www.facebook.com/SSDandYou/

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When You Receive a Notice Remand in the Mail from the Social Security Administration (SSA) Appeals Council It Could Be Good News

when you receive a notice remand in the mail from the social security administration (ssa) appeals council it could be good news

When you receive a Notice Remand in the mail from the Social Security Administration (SSA) Appeals Council it could be good news. Because of the Appeals Council (AC) can remand a case for a second Administrative Law Judge (ALJ) hearing. An ALJ may issue a recommended decision. Read Hearings Appeals and Litigation Law (HALLEX) manual I-2-8-15. Also, the AC can have jurisdiction of the ALJ’s decision on its own motion of authority within 60 days of the date of the ALJ’s decision. Read 20 CFR 404.969 and 416.1469, and HALLEX I-3-6-1.

When you receive a Notice Remand in the mail from the Social Security Administration (SSA) Appeals Council it could be good news.  Because many remanded cases awarded at the second hearing.  After you filed an appeal with the Social Security Administration (SSA) Appeals Council.  This means the Appeals Council has transferred your Social Security Disability claim back to the SSA Hearing office for another ALJ hearing.

When you receive a Notice Remand in the mail from the Social Security Administration (SSA) Appeals Council it can be good news

If the Appeals Council finds the Administrative Law Judge (ALJ) hearing decision contains an error of law.  Or is not supported by the substantial weight of medical evidence.  Then the Appeals Council will decide to remand your Social Security Disability claim.  Back to the Office of Disability Adjudication and Review (ODAR).  Yet, having new submitted medical evidence.  Social Security Disability claims may remand back to the ALJ for further actions it requires.  You can find the Rules on Appeals Council Remand in 20 C.F.R. § 404.977.

A remanded hearing scheduled by the Hearing office.  Can take place within four to six months to receive a Notice of Remand issued.  The Hearing office and ALJ’s can take necessary action outlined by the Appeals Council.  For example, the Appeals Council can request the Claimant to go to a Consultative Examination appointment.  Scheduled and paid by SSA.  The SSD claim has remanded is frequently scheduled with the previous ALJ.

After receiving a Notice of Remand.  It’s very encouraging because many remanded cases awarded at the second hearing.  Yet having your claim remanded does not mean you will get a favorable decision this time around.

However, after the hearing, the ALJ will issue a new decision for your case.  Normally it takes one to three months after the hearing for a decision.  When you receive a favorable decision.  It means you are eligible to receive benefits.  But if you get denied. Then you have the option to file another appeal with the Appeals Council or file a new claim.

“The Practical Guide to Social Security Disability Benefits”

Is your Social Security Disability case at standstill?  Do you want your Social Security Disability case to start moving again? Then my self-help digital eBook “The Practical Guide to Social Security Disability Benefits” for $6.99.  Can help you.  Go to http://socialsecuritydisabilityandyou.com/ and buy the book today.

After you buy the book.  Then you get 1 free hour of Social Security Disability Consultation. Please contact me at http://socialsecuritydisabilityandyou.com/contact/

Or on Facebook https://www.facebook.com/SSDandYou/

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