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.
by Disability Help Group | Feb 20, 2016 | FAQ
A: The VA evaluates service-connected injuries in increments of 10 percent. They examine the medical evidence you’ve submitted with your claim and then assign a “rating”. The maximum disability rating percentage is 100%; however, most conditions receive a rating below 100%.
The largest category of veterans on the compensation scale is at 10 percent disability ($123 per month), with 782,000 veterans at this rate at the beginning of fiscal year 2009 among the total 2.9 million veterans receiving disability compensation.
At times, a veteran may be rated at zero percent, meaning there is evidence of a service-connected condition, but it does not impair the veteran. An example is a minor scar. This zero percent rating, though not compensable, can be beneficial, since it may raise the veteran’s priority in other VA programs, such as health care eligibility. In addition, it may be reviewed for a higher rating if the condition worsens.
At Disability Help Group we know the critical aspect of any disability claim is strong medical evidence. Our staff is highly trained on gathering the best documentation to support your disability claim. Get Started on Your Claim or Appeal.
by Disability Help Group | Feb 20, 2016 | FAQ
A: If travelling or sitting for hours is difficult for you, the office of Disability Help Group can help. Contact our group of trained legal assistants—we will evaluate your claim for FREE! If we take your case, we will file your claim for you. You could also apply for benefits directly with the SSA by calling 1.800.772.1213 or by visiting www.ssa.gov. If you apply online, follow up with SSA by phone to ensure your application was received.
by Disability Help Group | Feb 20, 2016 | FAQ
A: We can’t stress this enough – if you’ve:
- Moved
- Changed your phone number
- Started seeing a new doctor
- Your condition has worsened or improved
- You’ve recently gone to the emergency room
- You’ve been prescribed and have started taking new medication
Contact your disability representative or representative as soon as possible with the new information. If you are representing yourself, you will need to contact the Social Security office, DDS if your case is there, or the hearing office if your case is awaiting a hearing date.
This is critical!
by Disability Help Group | Feb 20, 2016 | FAQ
A: Absolutely! If you fail to comply with any of the DDS examiner’s or administrative law judge’s directives, Social Security may close your claim for disability benefits.
