A: Your medical condition must be established by a trained physician and cause “marked” and “severe” functional limitations. This is best accomplished by having your treating physician complete a Residual Functional Capacity Questionaire.
Most importantly, your impairment must meet or equal a Social Security “Listing” or prevent you from sustaining “substantial gainful activity”.
A: Your personnel files are housed at the National Archives and Records Administration (NARA). To request a copy of your military service record contact the NARA by phone at 1.866.272.6272 or submit your order online by visiting www.archives.gov.
A: The SSA will award disability benefits until you are able to return to work or until death. Many times the SSA will review your disability claim and may terminate your benefits. Therefore, it is important to continue to receive treatment after you are found disabled.
Disability claim can be filed in person by visiting your local VA regional office. You will need to complete VA Form 21-526, Veterans Application for Compensation and/or Pension. If have the following documentation, bring it with you to the RO:
–Discharge or separation papers (DD214 or equivalent) –Dependency records (i.e., marriage and children’s birth certificates) –Medical evidence (medical records and evaluations)
We recommend having an experienced disability representative or advocate by your side from the start. An experienced representative will save you a lot of time and aggravation. If travelling or sitting for hours is difficult for you, 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 can file your disability claim in person by visiting your local VA regional office. You will need to complete VA Form 21-526, Veterans Application for Compensation and/or Pension. If have the following documentation, bring it with you to the RO:
–Discharge or separation papers (DD214 or equivalent) –Dependency records (i.e., marriage and children’s birth certificates) –Medical evidence (medical records and evaluations)
We recommend having an experienced disability representative or advocate by your side from the start. An experienced representative or advocate will save you a lot of time and aggravation. If travelling or sitting for hours is difficult for you, 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.
At Disability Help Group we want to keep you informed. One topic that comes up again and again with our clients is that of alimony and child support.
Many disabled veterans want to know if their VA disability compensation can be garnished for child support and alimony.
The answer is yes, courts can and do write orders to garnish your disability benefits. However, the garnishment must meet very strict and specific guidelines.
For example, the maximum amount that the Defense Finance & Accounting Service (DFAS) will garnish, outlined in 5 CFR §581.402, is the following:
50% if the service member is providing more than half the support to other dependents not covered by the order.
55% if the service member is providing more than half the support to other dependents not covered by the order, but has a support arrearage.
60% if the service member is not providing more than half the support to other dependents not covered by the order.
65% if the service member is not providing more than half the support to other dependents not covered by the order, but has a support arrearage.