SERVING
Those That
SERVED
Social Security Benefits May Be In Jeopardy
Did you know President Trump and his economic advisers hope to include a temporary suspension of the Social Security and Medicare payroll taxes in the next coronavirus relief package? Many financial advisors believe cutting payroll taxes will only create unwanted additional financial pressure on Social Security and Medicare, endangering some Americans’ retirement and health care security.
The 3 Paths To A Successful Claim
Did you know a claims appeal to the Department of Veterans Affairs (VA) comes through one of three predetermined paths?
1. Higher-Level Review
If a veteran and their representative believes that the evidence that they have submitted is strong enough for compensation or an increase, they can opt for a higher-level review. Through this, there is no need to submit new evidence. The case is just elevated to a much more experienced senior claims adjudicator for review.
2. Supplemental claim
To potentially improved a rating decision, a veteran can work with his/her representative to gather new and relevant evidence from doctors, medical staff members and other relevant agencies. The new evidence must not be duplications of what has previously been submitted to VA. The new evidence must add value and support to an established claim.
Veterans and dependents must understand that adjudicators and assessors rely solely on documentary information. Any new evidence must bring added support to an established claim. Any subsequent decision will be affected for lack of supportive or additional valuable evidence.
3. In-Court Appeals
Lastly, taking the route of the Court may be considered if a veteran is unhappy with any previous claims decision. This will be handled by a veterans law judge, who may require more additional evidence. They may even schedule hearings for the disability case. If the decision rendered by the judge is still not satisfactory to the veteran or dependent, the case can still be referred to the Court of Appeals.
Best Time To Submit A Disability Claim
Did you know filing a VA disability claim at the beginning of the year can significantly influence how quickly a claim moves through the VA system? According to the VA, claims submitted in January tend to experience less delay due to seasonal dips in application volume following the holidays. This lull can result in shorter wait times during the initial review phase.
Veterans May See Huge Emergency Increase
Did you know a dozen U.S. senators introduced a bill to increase Social Security and Veterans Affairs disability benefits by $200 a month for six months, which they said could help offset economic hardships for Americans? The Social Security Emergency Inflation Relief Act would provide critical relief to Americans living on a fixed income by providing a $200 per month emergency increase to Social Security checks until July 2026. The legislation would also support all Title II Social Security beneficiaries, Supplemental Security Income (SSI) beneficiaries, Railroad Retirement beneficiaries, veteran disability compensation, and veteran pension benefit annuitants. It’s not a law yet. While this is just a proposal, it will become law if it passes both the Senate and the House of Representatives, and then be signed by the President of the United States.
Did You Know?
Common Law Marriage Benefits
Did you know a spouse may be able to collect survivor social security benefits from a partner they never “officially” married? Some states recognize Common Law Marriage if the relationship was initiated in their state. Social Security’s rules specify that for a Common Law relationship to be recognized as a “marriage” for Social Security benefit purposes, it must have been established in a U.S. State which recognizes “common law” marriage. For clarity, it is only required that the relationship be established in a State which recognizes “common law” marriage. If the relationship started in a state which recognizes Common Law Marriage, and the couple subsequently moved to and resided in another state which doesn’t recognize Common Law Marriage, social security will recognize the relationship as a valid marriage and a surviving spouse will be entitled to survivor benefits based upon the deceased’s social security record.
Did you know Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah, and the District of Columbia recognize Common Law Marriage for the purpose of social security benefits and possibly other benefits for a surviving partner?
Scarring Is An Overlooked Disability
Did you know this common disability is often overlooked, but you may be able to get VA disability if you have scarring or you’re disfigured on your face, head, and neck? Although, any other related conditions as a result of the scarring, such as the inability to eat normally, will be rated separately. Keep in mind, the face, head, and neck are considered one area for the purpose of rating and will not have separate ratings, even if the scarring is worse in one area.
VA Pays For Non-Service-Connected Conditions
Did you know VA can pay for emergency medical care at a community emergency departments for a veteran’s nonservice-connected condition? However, there are several requirements and factors that affect the extent to which the VA can cover those services. Specifically, emergency medical care for a veteran’s nonservice-connected condition(s) is eligible for VA payment when all of the following five elements are true:
1. Care was provided in a hospital emergency department (or similar public facility held to provide emergency treatment to the public);
2. The emergency was of such a nature that the veteran (or other prudent layperson without medical training) would reasonably believe that any delay in seeking immediate medical attention would cause their life or health to be placed in jeopardy;
3. A VA medical facility or another federal facility was not reasonably available to provide the care;
4. The veteran is enrolled and has received care within a VA facility during the 24 months before the emergency care; and
5. The veteran is financially liable to the provider of emergency treatment.
Veterans Have New Options for Suing VA
Did you know according to H.R. 4526, the Department of Veterans Affairs (VA) must provide in the event a person submits a claim for damage, injury, or death on Standard Form 95 (related to tort claims occurring within the scope of an employee's federal employment)? Specifically, the VA must provide to the claimant, within 30 days after the claim is submitted, notice of (1) the importance of securing legal counsel, and (2) the employment status of any individual listed on the form. Additionally, if the claim involves a contractor that entered into an agreement with the VA, the VA must provide the claimant notice of the statute of limitations regarding the claim in the state in which the claim arose.
PTSD Statistics
Did you know many children and most adults have at least one intense traumatic event in their lifetime? However, not everyone who has a traumatic event develops PTSD. PTSD occurs in 5% of men who experience a traumatic event and 10% of women who experience a traumatic event. But, rates are much higher in certain sub-groups such as combat veterans, where rates of PTSD can be as high as 50% for combat veterans who experience a traumatic combat event.
Burial Benefits
Did you know a popular benefit available to all eligible veterans buried in either a national or private cemetery is a military funeral honors ceremony? This includes an honor guard detail of at least two uniformed military persons, folding and presenting the U.S. burial flag to the veteran’s survivors, and the playing of Taps. The funeral provider will be able to assist with all VA burial requests. Depending on what is requested, certain forms may need to be completed which are always better to be done in advance.
Disability Lawyers
Did you know most Veteran disability lawyers understand that the process to obtain disability compensation can be overwhelming, especially when you have a disability to deal with? Also, you do not have to worry about the cost of hiring, most Veteran disability lawyers charge a contingency fee on the benefits, and the VA keeps tabs to ensure fair charges and they abide by the rules.