Sunday, January 31, 2016

Workers Compensation Attorney - The Best Way To Secure Your Rights!

Have you or any one of your family members suffered an accident at your workplace lately? Are you worried about the medical expenses? Don't worry, workers compensation lawyers can help you sail through the legal proceedings involved in procuring the medical costs. Hiring an efficient workers compensation attorney is a must if you want to get the medical expenses that you rightfully deserve. Given are some useful tips which will come useful while finding the right workers compensation attorney:

1. If you are injured at your workplace, seek out competent legal assistance of a skilled attorney as rapidly as possible. Your employers will fight the case and might try to prove you wrong by raising unethical evidences against you. It is important to hire an attorney who will defend your rights and achieve a successful conclusion of the case.

2. Your company might try to prove that they are not responsible for the accident. They have their own attorney who will try to prevent you from claiming your rights. It sounds unfair but the fact is that it's true. You will receive your due compensation with the help of a skilled attorney to put forward your case.

3. If they refuse to pay you any compensation, you have the right to appeal in court. Many people fear to go into legal complications and try to deal with all the expenses with the help of their insurance companies. But, chances are there that your insurance company might also try to prove that it was you who was at fault to save their own pocket. The best way to overcome such hurdles is to seek the help of an experienced workers compensation lawyer.

4. Your attorney will guide you through the correct course of action. It is essential to hire someone experienced otherwise the entire situation can turn out to be more problematic for you. Consult your worker's compensation attorney and find out how many cases he has handled in the past. What is his track record? Does he specialize in this particular field? Once you are well informed with such details, the rest will be a triumphant team effort.

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Tuesday, January 26, 2016

Why Hire A Child Support Attorney?

Receiving or paying for child support can be a tedious overwhelming process regardless of where you are or where you live. Every state has a set of regulations and rules over the filing and payment process not forgetting where to source for help. In as much as the local child support enforcement office can help you out with the process, you might find it helpful to use the services of a child support attorney. Here's how he might help.

  • The lawyer will assist you, the non-custodial parent, to navigate the process by acting as a third party. This is considering that the procedure can be very stressful.

  • The attorney offers you peace of mind since you will know that your interests are safe. He will answer the case questions, file the paperwork and identify instances where additional actions are required to turn the case in your favor.

  • The child support attorney helps in ensuring that your children are well provided for. Adequate financial support is important for the growing children even in cases where a divorce is taking place. They will have all the basic needs catered to including clothing, school and food which can be hard for a single parent to handle especially with an insufficient income. The rights of the children will be given priority by your attorney.

  • He ensures the payments arrive right on time to take care of the needs. The payments can bring about contentious matters, but when working with a professional lawyer, you can be sure that the right steps will be followed to make sure that they always arrive on time. It is a simple way of ensuring that the children's needs are met without delays to help them adapt to the changes without too many problems.

  • The lawyer works on the needed paperwork ensuring that the filing is done correctly and in a timely manner. It is most important since cases have a tendency of encountering lags when the paperwork is not done properly or if there is an error in the work.

  • Through your attorney, you will have all the information you need on pressing questions such as where the children are going to live, if a parent can move with them out of the state, visitation rights, parental rights, who pays for medical bills and health insurance and who pays child support and whether it will increase over time.

When looking for the best child support attorney to handle your disputes and modification needs, it is important to look for qualified trained and licensed professionals. Experience and success rates in the field can give you the assurance you need that you are hiring the right person for the job. You won't have to worry about the complications that usually arise with support cases and filing with a good lawyer at hand. A simple background check on a few of your local reputable attorneys will help you with the decision making process.

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Saturday, January 23, 2016

Getting Your Social Security Disability Benefits - What You Need to Know

The Social Security Act was enacted by Congress, and signed into law seventy-five years ago, in 1935, by President Franklin Roosevelt. The Act was created to assist the individuals during challenging economic times very similar to today. During the past seventy-five years, the Social Security Administration, or SSA, has helped many millions of people, by offering essential aid. In 2010 alone, more than 10 million citizens will get some type of assistance from the SSA.

One of the main pillars of the system is to offer some amount of economic security to elderly and retired people by way of a fund where employees fund their individual retirements. Another critical facet of the law is to supply a source of financial aid to individuals that are either temporarily or permanently unable to work.

Though it is not anything which people typically think of or plan for, the possibility of becoming disabled at some place in your lifetime is great. According to the Social Security Administration (SSA), a 20 year old person has a greater than 25% chance of becoming impaired before he or she reaches retirement age.

Applying for SSD

Recent media reports have stated that more than three million citizens will apply for Social Security disability benefits this year. Over 2/3 of those claims will be refused on first consideration. With the proper representation for their claim, many people who have been initially denied will prevail with their claim and get their benefits at one of the following levels of the claims process. The length of time it takes to receive benefits can vary, and in many, many cases it can take up to 24 months to process an application.

Processing the initial application can take a significant amount of time. Up-to-date estimates by the Social Security Administration make note that it takes three to five months to even process the initial application. This, coupled with the time it takes to appeal an adverse conclusion, is a good cause for an individual to file an application as soon as you are determined to be disabled.

Determining Benefit Eligibility

Once your application is processed and the Social Security Administration finds that it meets the primary criteria to get benefits, the application is then forwarded to a state agency which will find whether the benefits should be granted. Usually, claimants will begin to receive payments after they have been impaired for more than five full months. In order to be qualified for disability payments an applicant must show that their disability is one will last for a time period of more than twelve continuous months. Furthermore, one must prove that they are unable to perform any type of gainful employment, even work which is sedentary.

The Five Step Analysis

To determine if somebody is impaired and eligible for Social Security disability benefits, the Social Security Administration employs a 5 step analysis. These 5 questions help decide the amount and type of social security benefits you will receive.
  • Are you presently working at a job? If you are employed and reach a certain earning level or greater every month, the state agency in all likelihood will find that you are not disabled. If you are unable to work, or your income is under the threshold, the government agency will look further into your physical issue.
  • Is your medical condition serious? In order for your medical condition to be found to be severe it must last for a least 12 months, and limit your physical ability to accomplish typical employment activities.
  • Can your medical condition be found on the scheduled list of health conditions? There are some medical disabilities that are severe enough to automatically qualify you for SSD benefits. These disabilities are set forth on a scheduled list of conditions provided by the SSA. If your condition is not on this list, the governmental agency will decide if your disability is as serious as one of the listed impairments.
  • Can you perform the type of jobs which you have executed in the past? In the event that you are able to execute the work you did previously, in all probability you will not be eligible for SSD benefits. If you are not able to execute those tasks, the fact finder will check the final question in the disability process.
  • Are you able to do any work? If you are not able to perform any of your previous jobs, the agency will the check to decide if you can perform any kind of work. Your health condition, age, education level, prior work experience and any other applicable job skills will be taken into account during this process.
Can I Appeal a Denial of Benefits?

Reconsideration, sometimes referred to as an appeal, is the next step in the claims process. Your petition will be reviewed by a fact finder who was not involved the first decision. If your appeal is once again denied, you can then appeal this decision and request a hearing before an administrative law judge (ALJ). You will once again have the chance to put forth your case as well as present other information, evidence and the appropriate witnesses, which may include medical and/or vocational experts, to help your claim. If you are once again denied Social Security benefits, you may request one more review by the SSA Appeals Council and eventually appeal to the Federal Court if need be.

In order to move your case efficiently, it makes the most sense to find a lawyer at the beginning of the application process, to help ensure that you have fully completed your application with the appropriate information. This will reduce that chance that your claim will be refused. Since most applications are denied at the initial stage, an experienced attorney will be essential to help move your application through the reconsideration and hearing stages.

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Wednesday, January 20, 2016

Six Issues to Ask A Family Law Attorney

Although divorce is the most common reason to visit a family law attorney, it isn't the only one. The enormous area of legal practice they specialize in deals with all aspects of domestic relations and family matters.


An extremely complicated process, few adoptions are finalized without help from a family law attorney. Why is this? Adoption laws differ from state to state. So before a couple can pursue a legal adoption, they must familiarize themselves with complicated state laws. An experienced adoption lawyer can help explain and expedite the process by filing the required legal documents with the court.


Because marriage is chiefly regulated by the state, so too are the rules regarding separation and divorce. Alimony or spousal support may be provided for either party of a divorce. If the parties cannot come to a fair and reasonable agreement on the amount of support, the court will do it for them. But to get to that state, you must file a request for alimony. If your former spouse is uncooperative, an attorney completes and submits the requisite documents with the court.

Child Custody

When a couple with children separates, the question of custody takes center stage. Because it is an emotional, contentious issue, legal professionals are needed to help parents do what is in the best interest of their children.

Domestic Violence

Better known as a restraining order, an order of protection is issued to restrict the behavior of someone by a court who has harmed or threatened another. That person could be a former spouse or domestic partner who either lives at the same address or elsewhere. The order serves as a strong legal deterrent to anyone who has abused or even threatened to harm a person or their family.


If the two parties can stand to be in the same room with one another, mediation is a much faster, more affordable alternative to litigation. Whether you are discussing the terms of a divorce or other domestic issues, a lawyer can help move the process along by recommending reasonable solutions to seemingly intractable problems. It is also a far less contentious option because there is no clear winner or loser. Couples can talk things out and mutually agree on a broad range of solutions that could take many months to resolve in court.

Prenuptial Agreements

We all know that about half of all marriages fail. A standard prenuptial agreement is not designed to leave one party penniless and the other rolling in riches. It is intended to help both sides save time, money, and emotion should the marriage end in divorce.

Although there are many more services provided, a family law attorney focuses mostly on the aforementioned legal areas.

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Sunday, January 17, 2016

What You Need to Know Before Submitting Your Social Security Disability Claim

 Before submitting a disability claim to the Social Security Administration (SSA), it is very important to understand how a determination is made on your case. Realizing there are key fundamental aspects to every disability submission is critical to whether or not a person will be successful.

While there are many sub-parts to these categories and the issues can become quite complex, this should provide a basic understanding to help you navigate the SSA disability system.

Determine Whether or Not You Are Legally Disabled:

First, it is important to understand how SSA determines legal disability. In order to be disabled because of a mental or physical condition, one must not be able to do the work he or she did before and is unable to adjust to some other type of work. Further, this impairment must be expected to last for at least one year or result in death.

Again, as stated above, this definition can become more complex as you start considering your condition, but what is most important is to ask yourself:

  1. Can I still do the work I did before?
  2. Am I physically or mentally able I do another job instead?
  3. Is my disability likely to last for one year or more or result in my death?

If you can affirmatively answer "no" to the first two questions and "yes" to the third, then you are likely well on your way to at least having a credible claim.

Determine What Type of Benefits I Need:

If you have successfully passed the first hurdle, then understanding your own financial situation and your work history is very important at this stage. Here, you need to determine whether you are eligible for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) or both. Because this part of determining whether you are legally disabled and what benefits you may qualify for is terribly complicated, SSA provides step-by-step instructions on their website and a benefits calculator to make this easier.

Remember this, SSI is based on need.

Once again, there are many requirements in order to qualify, but you must be determined to be disabled and not make more than $721.00 per month for an individual and no more than $1,082.00 for couples. However, please understand there are exceptions here, such as SSA may only count some of your income towards your limit, and you also may be able to set aside some of your income if you are enrolled in the PASS (Plan to Achieve Self Support) program, or if you receive state supplements.

Basically, if you can remember or understand nothing more about SSI, understand that it is intended for those with very low income and those who have little or no liquid assets.

Social Security Disability Insurance (SSDI) is based on the amount of work credits you have earned.

There are different requirements for various age groups, but generally you need 40 credits, 20 of which were earned in the last 10 years before you stopped working. Again, this is very complicated to many people, but you earn credits by working. SSA determines that $1,200 equals one credit and a person is allowed a maximum of up to four credits per year.

Therefore, in determining the amount of income your household brings in each month and the amount of assets you have on hand and the amount of time you have worked, will determine whether you qualify for either SSI or SSDI benefits or both.

Criteria That is Used to Determine Whether You Are Disabled:

Finally, you need to understand how Social Security is going to determine whether your physical or mental condition keeps you from working.

If you don't take anything else from this article, it is important that you understand the importance of documenting your condition. Social Security states explicitly on its own website that medical evidence is the "cornerstone" of a disability determination. Every person who files for disability is responsible for providing medical evidence showing that he or she has an impairment and the severity of that impairment. While SSA does help claimants with collecting their medical records, ultimately it is up to the person filing for disability to see that SSA can make a determination with an adequate amount of medical evidence.

Therefore, as you go to the doctor, make it a point to tell your physician you are attempting to file a claim for disability. Ask your doctor to not just write shorthand about your condition, but to spell it out in his or her notes because those will be reviewed. SSA understands you have a physical or mental condition, but your doctor stating you are disabled is not sufficient. That is a legal determination that is made by SSA and not your doctor. He or she needs to explain that you cannot sit for long periods of time, walk more than 20 yards before sitting to rest, get along with others, follow directions, etc. This is what helps SSA determine whether or not you are disabled.

Social Security will also look at other evidence to determine if you are disabled. This "other evidence" helps to show the extent of the individual's condition and his or her ability to work in a business setting. Such evidence may be allowed to come from spouses, employers, friends, other family, etc.

If Social Security is not content with your medical records or has a difficult time obtaining them, then you may be asked to go through a Consultative Examination. This may be done by your own doctor or through one SSA designates. Here, there will be a report made about your condition and any results the physician feels is relevant for SSA to make a determination.

Lastly, you need to consider what evidence you have in regards to your condition which shows that you are unable to work. Social Security here will look at a number of factors such as:

  1. Your daily activities;
  2. The frequency of your symptoms and their intensity;
  3. Medication and its side-effects; and
  4. Any measures you have taken to relieve your condition.

Here, probably the most important thing is that you continue to see a doctor, even if it is only once every six months. Many people often find it difficult to keep up with their treatment because they are no longer working. They can no longer afford private care because they no longer have insurance. However, if you truly are disabled, it is imperative to stay under the care of a physician, even if it falls under indigent care.

Further, you must always be a good patient and do as your physician prescribes. Social Security will usually not consider your case if you can't even follow instructions from you own doctor in trying to better your condition. Remember, medical evidence is the cornerstone to making a determination as to whether you are disabled. A note from your physician stating that you are not following his recommendations will assuredly make it that much more difficult to be successful in your claim.

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Thursday, January 14, 2016

Trouble With Your Claim? Hire A Workers Compensation Attorney

Everyone seems to think that filing a workers compensation claim is very easy and straightforward. It can be, for the most part. With the all of the anti-fraud measures that are in place, however, sometimes those who have a legitimate claim often end up with their case being denied. Since you only get one chance at an appeal, it is best that you make use of a valuable resource that is also your secret weapon: hire a workers compensation attorney.

When it comes to filing an appeal, you are going to need to get your hands on some documents that you may no longer have in your possession. Meanwhile, there are some strict deadlines that must be adhered to in order to avoid having your appeal denied outright. Since it may take you some time to get your hands on those important documents, a workers compensation attorney is needed. He or she can subpoena the documents you need and have them on hand for your arbitration.

It is important that you have a workers compensation attorney in whom you can place your total confidence. After all, you only have one more time to prove that you deserve your workers compensation settlement. If you want to prove that your employer has lied, or that the compensation board is not taking into consideration all of the facts that are needed to make a good determination about your case, then you will want to ensure that you have a professional at the helm.

Having a workers compensation attorney at your side is invaluable when you are facing the authorities in control of whether or not your claim's previous decision can be overturned. Since you can't afford for things to go badly, you need someone who will speak and act on your behalf.

You may feel as if you can't afford to hire an attorney, but if you look at the situation and see that you could end up losing all of your income, you will see how important it is for you to hire one. It is a relatively small expense to manage when you look at the bigger picture. You don't have to spend your time worrying about whether or not your case is going to be ruled in your favor. You know that since your lawyer has taken charge of your case, every piece of proof you need is going to be provided in a timely manner.

The bottom line is if you don't want to lose your appeal and have your workers compensation case ultimately denied, then you need to make sure that you seek out the expert advice of a lawyer who specializes in workers compensation claims. He or she can tell you what needs to be done and whether or not having an attorney will be the factor that gets everything resolved in a manner that works for you. Your lawyer can also make sure that you are awarded a proper amount. Nowadays, it is common to be awarded less than you deserve. Give yourself the best chance with the best legal counsel.

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Monday, January 11, 2016

Family Law Advice: Handling Custody Arrangements

When couples decide to divorce, it not only affects the relationship between husband and wife, but it also greatly affects the children. This is a very difficult time for a family, so it is important that custody arrangements are made as smoothly as possible. The agreements will vary among individual families, but they don't have to be difficult. It is ideal to work closely with a family law attorney to ensure the agreement is as fair and straightforward as possible.

Different Forms of Custody

One of the first details to think about is the type of custody each parent will have. There are generally three types: sole, joint, and split. Sole custody gives one parent both legal and physical custody of the children. Joint provides each parent equal time with the children with the option of sharing legal custody. Split occurs when there is more than one child and each parent takes care of the children, but not all of them at once.

Visitation Arrangements

When working with the family law attorney, a clear visitation schedule should be fully established for the non-custodial parent. It is best for parents to work these situations out themselves based on their own demands and circumstances. If a parent moves to a different state, he or she will have to have a specified visitation, since weekly visits will not be possible. Instead, an extended visit in the summer would make up for that. Holidays are another subject that needs special attention. Ideally, each parent would either rotate holidays or divide them equally.

Shared Costs

Another component of child custody is the major costs associated with the children and who will pay them. These expenses include items like health insurance coverage, dependents on tax returns, or school tuition. Keep in mind that these costs are not factored into child support payments. Both parties in the divorce should agree on these shared expenses and have the family law attorney place the finalized decision in the divorce agreement.

Power Over Major Decisions

In many instances, major life decisions will need to be made for the kids. While some decisions are not very significant and will not require the input of two parents, others will be more substantial. It needs to be clearly laid out in the divorce decree who is going to make these arrangements and whether or not the other parent will have any say. These decisions may include healthcare issues, school issues, religion, and how to discipline. It is best that both the mother and father work together for a consistent upbringing.

Keep in mind that custody agreements are not set in stone. There may be times when the arrangement needs to be altered, so always remember to consult your family law attorney if changes need to be made. These decisions are often made during a stressful time, and it is possible to forget about some details that need to be added. In addition, life events can happen that may require major changes, such as moving to another state. The best thing to remember is to be open for the betterment of the kids.

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Friday, January 8, 2016

Top Five Reasons Why You Need to Hire a Family Law Attorney Now

It can be difficult to understand the reasons why people end their marriages, and with a divorce rate in the U.S. of around 50%, it's impossible to pretend every wedding ends with "happily ever after." If you or your spouse has already initiated separation proceedings, here are five reasons why you need to hire a family law attorney now.

1. You Need an Objective Party

Personal relationships usually involve a plethora of subjective emotions and intimate details that are of the utmost importance to you and your spouse. If your union is troubled and coming to an end, you need someone who is an outsider in your divorce proceedings and can act as an objective party throughout the process. It is almost guaranteed that you will face complicated issues and emotions; lawyers are specifically trained to handle such cases in a fair and objective manner. This allows you to take a step back and avoid hasty decisions based on fleeting emotions. For instance, you might think it would be easiest to go for the quickest resolution when it comes to dividing property, but an experienced family law attorney can evaluate the circumstances and tell you if you should wait for a more equitable division.

2. You Need Help with Paperwork and Red Tape

Court proceedings almost always involve substantial amounts of paperwork and red tape. A qualified family law attorney will handle the complexities of the paperwork and make sure you keep moving forward toward a resolution.

3. You Have Dependent Children

If you have dependent children, custody issues are often the most challenging part of any marital dissolution. The most important goal is for the parties to agree on the arrangement that best serves the interests of the children. When issues are particularly complex, and the spouses cannot reach a mutual agreement, it is imperative to hire a veteran family law attorney who has dealt with these types of situations.

4. You Are Hoping for an Early Settlement

A lawyer with substantial experience in family matters can help you reach the most favorable settlement agreement as quickly as possible, and as early in the process as possible.

5. You Need Advice on Legal Options

Even if you simply just need advice on your legal options, having a qualified family law attorney can make a huge impact on the outcome. The issues that must be resolved in a marital dissolution include child custody, child support, property division, and spousal support. Many times during the negotiation process, parties use these issues against each other in the hope of achieving a better outcome. If you have a seasoned advisor, from the beginning you will get the right advice on what course of action you should pursue and what steps should be taken to ensure your goals are met.

If a resolution cannot be agreed upon and a trial is required, the right lawyer can aggressively represent your interests in court and work toward getting the most equitable jury verdict on your behalf.

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Tuesday, January 5, 2016

The Workers Compensation Lawyer - A Brief History

Workers compensation attorneys as we know them today did not exist more than 100 years ago. The history of workman's compensation goes back thousands of years, to the time of Hammurabi and his Code. But the rise of the workman's compensation lawyer did not come about until the development of a common law in the late Middle Ages.

This common law created a legal framework that set the stage for workers' compensation attorneys to enter the scene during the Industrial Revolution.

At the onset of the Industrial Revolution, worker's compensation attorneys were not known by that name. In general, they were grouped together with all other lawyers, be they a workman's compensation lawyer specifically or not. Strict principals governed workmen's compensation attorneys during the Industrial Revolution and made it difficult for workers to file complaints or receive compensation, even with the help of their workers compensation lawyer.

Compensation for injuries or sickness was not awarded if there was contributory negligence, injuries caused by fellow workers, or if the injured worker has the assumption of risk when accepting the job in the first place. These restrictions made it extremely difficult for workman's compensation lawyers to even file, let alone win a case.

The extremely high costs of pursing a workman's compensation case left most common workers with no recourse but to pay for their injuries and try to find a safer job less likely to put them in harm's way.

To help combat the exorbitant costs of a case, societies were formed to assist the more affluent workers by providing them with workers compensation attorneys who could help purchase a variety of different kinds of liability insurance. Such protection was minimal, but was better than nothing. On the rare occasion a workers' compensation lawyer prevailed in court and won his client compensation, it was considered a great stride forward for all workers compensation attorneys.

Near the end of the 19th century workman's' compensation began to become more popular through the adoption of worker compensation laws in Europe. Workers were now able to hire an attorney who specialized in that area of law, and file and appeal cases through the government for redress. It is important to note that while workman's' compensation attorneys could file a suit with the government, a lawyer was prohibited from filing a workers compensation suit in civil court, as the government court was considered the only valid court for workers comp cases. This helped secure employers against false claims and fraud.

Workers compensation did not begin to become popular in the United States until after the turn of the 19th century. Taking their cue from Europe, American workman's compensation lawyers worked hard to implement a system to help protect workers on the job. By the early 19th century several states had adopted comprehensive workman's compensation laws.

Within the next one hundred years, workers compensation attorneys all across the country worked diligently to provide their services for the hundreds of thousands of workers in the labor markets, and in the process brought workers' compensation attorneys to the forefront of the legal world.

The experienced Philadelphia workers compensation attorneys at Oxenburg & Franzel will work to get you the compensation you deserve. Get to know your Philadelphia workers compensation lawyer, and learn how Oxenburg & Franzel can help you win your case.
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Saturday, January 2, 2016

What Is the Difference Between Social Security Disability Benefits and VA Disability Benefits?

Many of the individuals who receive VA disability benefits assume that they will also be eligible for Social Security Disability benefits. When these applicants go on to apply for disability benefits from the Social Security Administration (SSA), some are surprised to find out that their application for disability has been denied by the agency. Why is it that some people are eligible for VA benefits but not for disability from the SSA? To understand the answer to that question you must understand the differences between the two programs and how the regulating agencies determine whether or not an individual is disabled according to their guidelines.

The Determination Process

When an individual applies for VA disability benefits, he/she must prove that he/she is a military veteran who has not received a dishonorable discharge and that the injuries that caused his/her disability is related to his/her service in the military. The VA's two-step process qualification process is much less stringent than the SS Disability application process, which often makes it easier for applicants to qualify for VA benefits. Individuals who are applying for benefits from the SSA must go through a five-step qualification process, proving that they are unable to earn more than $1,000 per month, that their medical condition prevents them from performing gainful work activity, that the disability falls under the published SSA impairment listings (or that it is equal to one of the listed conditions) and that the specific condition results in a residual functional impairment, which prevents the applicant from performing any type of work in the national economy.

Since it is often harder to qualify for Social Security benefits than it is to qualify for VA benefits, it is not uncommon for individuals who are receiving VA disability to be denied disability payments from the SSA. On the other hand, veterans who do not qualify for VA benefits may be able to qualify for disability payments from the SSA in some situations. For example, if the disability that a person is suffering from did not occur as a result of service-related activities, but falls under the Social Security impairment guidelines, that veteran may indeed be able to qualify for Social Security Disability benefits if the extent of their disability can be proven, even though they can not qualify for VA benefits due to the nature of the disability.

The Ability to Work

Another distinct difference between VA disability benefits and Social Security Disability benefits is that individuals cannot qualify for Social Security Disability benefits if they are able to perform any type of work activity. If the individual is able to work, they will not be awarded disability benefits from the SSA. VA benefits work differently. The ability to work does not prevent an individual from being able to receive VA disability benefits. A VA disability beneficiary can maintain their benefits even if they are able to perform work and earn an income, although individuals who are not able to work are eligible for additional compensation under the VA disability program.

Benefit Amounts

In addition to distinct differences in how the VA and the SSA determine a disability, there is also a significant difference in the amount of benefits paid to the individuals who are eligible for benefits under these programs. VA disability benefits tend to provide more financial assistance than Social Security Disability benefits. The average VA disability benefit payment is approximately $2,700 per month while the average SSA disability payment is only about $1,100 per month.

Qualifying for Both

There is nothing preventing an individual who qualifies for VA disability from receiving Social Security Disability. If you have earned enough work credits to qualify for Social Security Disability payments and you meet the disability guidelines set forth by the SSA you could technically receive both VA disability benefits and Social Security Disability payments. Participation in one program does not prevent you from receiving benefits from the other.

Appealing a Denied Application

If you are receiving VA disability benefits and feel that you are entitled to Social Security Disability payments as well, you need to apply for disability through the SSA. If your initial application for benefits is denied, you will need to go on to file an appeal. Nearly 70 percent of applications are denied at the initial stage of the application process so it is not uncommon for an applicant to have to go through the appeal process.

If you need help applying for or appealing Social Security Disability you should consider retaining the services of a qualified attorney. Hiring a qualified attorney can help increase your chances of receiving a favorable decision during the disability appeal process.
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