by Disability Help Group | Feb 20, 2016 | FAQ
A: Typically, you would file your appeal with the same office (VA Regional Office (RO) or medical facility) that issued the decision you are appealing because that is where your claims file is kept. However, if you have moved and your claims file is now maintained at a VA office other than the one where you previously filed, you should file at the new location, so that your appeal can be kept with your file.
The VA encourages claimants to seek legal or non-legal representation prior to filing an appeal with the Board of Veterans’ Appeals (BVA). We highly recommend securing the assistance of an experienced representative. The appeal process is complicated. You’ll want to get it right from the start in order to avoid further delays or worse, another denial. Disability Help Group will file your appeal and complete all the necessary paperwork on your behalf. Our representatives are highly skilled in cross-examining witnesses and arguing cases in front of the BVA’s judges.
GET STARTED ON YOUR APPEAL. Call us now at 1-(800)-800-3332 and speak to one of trained legal assistants who will evaluate your claim FOR FREE.
by Disability Help Group | Feb 20, 2016 | FAQ
A: According to the law, the death of an appellant generally ends the appellant’s appeal. So, if an appellant dies, the Board of Veterans’ Appeals (BVA) normally dismisses the appeal without issuing a decision. However, the rights of a deceased appellant’s survivors are not affected by this action. Survivors may still file a claim at the regional office for any benefits to which they may be entitled. {38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302}
by Disability Help Group | Feb 20, 2016 | FAQ
A: Typically, an administrative law judge (ALJ) will decide cases based on the medical evidence in the file – this includes x-rays and other imaging exams, lab panels, treatment notes, and written statements from the claimant and the claimant’s treating physicians. In some cases however, the ALJ presiding over the case may also ask for the claimant’s testimony in an effort to better understand their medical condition and how it affects their ability to function and perform basic work activities (including your past work).
A disability hearing can be an anxiety-provoking event. For this reason, it is especially important to have an experienced representative by your side. Your representative can help you prepare for your hearing and can serve to answer many of the important questions that may arise at your hearing.
If you are asked to testify before an ALJ, your responses to his/her questions should be honest and detailed, but not to the point of exaggeration. This is a time when you should avoid being modest about how your impairment(s) impact your ability to function on a day-to-day basis. For example, if your condition, or the pain resulting from your condition, limits your range of motion in a particular limb or joint, renders muscle weakness, or interferes with your ability to sit, stand, stoop, crouch, reach, grasp, or sleep for a long period of time, you should definitely make these limitations part of your testimony. Being modest about your medical condition is a mistake many claimants make at their hearing.
by Disability Help Group | Feb 20, 2016 | FAQ
A: In most cases, the Social Security Administration will not gather additional records on your behalf once your claim has been sent to the Office of Disability Adjudication and Review (also known as ODAR or the Office of Hearings and Appeals). Your case will sit at the ODAR until it is assigned to an Administrative Law Judge (ALJ) and scheduled for a hearing.
Though this scenario is rare, your case may be reviewed by a staff representative at the ODAR who decides to develop your case further. In other words, the staff representative will work to gather your most recent medical records in an attempt to approve your claim with an on-the-record decision.
Because medical evidence is the most critical aspect of any disability claim, it is imperative that prior to your hearing you gather your most recent medical records and submit them to the appropriate ODAR. Otherwise the judge will base his/her decision on the records in your file which in some instances might be over a year old. (Tip: Keep copies of what you’ve submitted to ODAR for your records and confirm that they’ve received every page you’ve submitted).
Before you lose your shirt requesting copies of all your medical records from all of your doctors, exercise your right to review your file. You’re going to review your file to determine where the Social Security Administration left off. Meaning, look for the date of the last record they requested and added to your file. Next, only request from your doctors the medical records that will bring your file up-to-date.
It would also be helpful if you could obtain detailed statements from your doctors demonstrating their support of your disability claim. These statements should explicitly explain why you cannot work. An extremely helpful form your doctors can complete is the Residual Functional Capacity (RFC) questionnaire. Completed RFCs should also be submitted to the appropriate ODAR. (Again, keep copies for yourself and confirm that the ODAR received them).
by Disability Help Group | Feb 20, 2016 | FAQ
A: A disabled veteran receiving disability benefits and other compensation through the Department of Veterans Affairs (VA) may become unable to manage these benefits alone. When a veteran is declared incompetent in managing their VA benefits the department will attempt to appoint an approved fiduciary to receive and utilize their VA disability check and other benefits.
There are 3 parties that may serve as a disabled veterans’ fiduciary: a friend, family member, or a VA-approved fiduciary. While the VA states it attempts to allow the family to serve first as fiduciary, you may find yourself in a battle with a VA fiduciary over your rights.
If you believe your loved one is too incompetent to manage their veterans’ disability benefits you must submit a request to your VA regional office with the veterans’ name and VA file number, as well as your name and contact information.
After filing the request, you may be asked to provide evidence supporting your claim of incompetence and the need for a fiduciary to be designated, as well as your qualification to be designated as such. If accepted, anticipate being asked to go through the approval process and interview before the request is granted.
The approval process can take several months and in some cases years before fiduciary appointment is approved. Many families run into issues with providing evidence for their case, or do not act quickly enough to avoid the VA’s appointment of their own fiduciary. In these cases, a South Florida veteran’s disability representative may be able to help.
Contacting a South Florida Veterans Disability representative
Applying for veterans’ disability benefits can be a frustrating process and there may be further issues with your VA disability check and benefits even after you are approved. a representative can help a disabled veteran through all stages of the claims process, from the initial filing to appeals and making sure your rights to veterans’ disability benefits are protected.
For more information on the veterans disability claims process, download a copy of our FREE guide, Don’t Panic: Win Your VA Disability Claim, When you’re ready to get started, contact the Disability Help Group to begin your claim. Our state-of-the-art, customized intake and database system means less hassle, so you can focus on what’s most important to you instead of having to spend your days wading through confusing legalese and legal red tape. Call today – 1-(800)-800-3332.
