Veterans for Common Sense Says VA Claims For Reservists Are Denied More Often

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Veterans for Common Sense found that members who were deployed to Iraq and/or Afghanistan were having more difficulty getting benefits approved by the Veterans Affairs Department as compared to other veterans seeking disability compensation claims. This new data cites information and data obtained by the Veterans for Common Sense through the Freedom of Information Act. In the data, the denial rate for claims filed by reserve component combat veterans is four times higher than for post-9/11 combat veterans who were active-duty members.

There are 1.6 million post-9/11 combat veterans. About 566,000 are receiving disability benefits; 53,000 have been identified with service-connected conditions that merit disability ratings too low to qualify for compensation. Another 15,640 claims were denied, according to the VA records. While Guard and reserve members make up 40 percent of post-9/11 combat veterans, they accounted for 60 percent of the claim denials.

Read more at http://www.armytimes.com/news/2012/10/military-reserves-va-disability-compensation-102312w/8fa2a67f9214c7994dfd823174014787

An Overview of the SSDI Benefits Decision Process

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Nowadays, more than fifty percent of SSDI benefits claims are denied upon first submission to the Social Security Administration, or SSA.  This amounts to more than one million rejected claims each year.  The good news is that a substantial amount of these claims ultimately get reversed on appeal, allowing for the claimant to receive the benefits that they truly deserve.

In light of the above, it is crucial to keep fighting for your rights, no matter what.  Specifically, a lot of SSDI claims are rejected simply because of a technicality, such as missing or incorrect information, or quite possibly, because little to no medical documentation was provided along with the claimant’s initial application.   Whatever the reason for your denial, an attorney experienced in handling SSDI claim denials can help simply the process for you by filing an appeal of your case, negotiating with the SSA on your behalf and also, taking on the burden of completing all of the documentation necessary to ensure an accurate decision by the agency.

In reviewing whether you are entitled to SSDI, the SSA undergoes a five step inquiry, as follows:

  • First, the SSA looks into whether you can work.  If you are currently working and earning more than what the SSA allows, you may not qualify for benefits.
  • Second, the SSA also examines whether your medical condition or injury related disability prevents you from working.  Specifically, in order to receive SSDI benefits, your injury, illness and/or medical condition must significantly impair your ability to perform certain work related activities, such as sitting, walking or remembering basic tasks.  Such limitations must last for at least one year.  If your condition or injury does not meet these qualifications, then the SSA will not consider you disabled.
  • Third, the SSA evaluates whether your medical condition qualifies under its list of covered impairments.  In the event that your medical condition doesn’t fall within the SSA’s impairment list, it will then examine whether it equals that of an enumerated impairment before denying your claim.
  • Fourth, the SSA will also examine whether you are capable of performing the work that you did before.  If they determine that you can work, then you will not qualify as disabled.
  • Lastly, the SSA reviews whether you are able to perform other types of work, which depends upon your age, level of education, skill set and work experience.  If you are determined to be able to perform another form of work, your claim will be denied.

For more information on the above, give the Sanger Law Office a call now to learn more about your legal options, your rights and responsibilities, as well as how we can help you get the compensation that you deserve.  We at the Sanger Law Office can review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits.  Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families.  The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or just have questions about your rights to SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  We look forward to helping you get the benefits that you deserve.

 

 

Social Security Benefit Denial Hearings

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The social security disability hearing stage can be extremely stressful, involving quite a bit of time, effort and frustration.  Specifically, there are several steps involved in the hearings process, and having an experienced SSDI benefits attorney by your side can help improve your chances of prevailing on your claim.  An overview of the steps before, during and after the SSDI benefits denial hearing is as follows:

The Pre-hearing Stage

At the pre-hearing stage, you should receive a notice of hearing about twenty to thirty days prior to the date your case is set to be heard.  Before the day of your hearing, it is strongly recommended that you submit to the Social Security Administration’s (“SSA”) Office of Adjudication and Review any new medical documentation that you may have, such as your physician’s most recent medical records.  The presiding Administrative Law Judge, or ALJ, will want to review these records, which should not be more than ninety days old.  Most ALJs prefer to examine new information before the hearing date so that they can prepare certain questions that they will ask you during the hearing.  In the event that you cannot provide new medical information prior to the day of your hearing, you can still bring it with you on the actual hearing date, which is certainly better than not submitting anything at all.

In addition, you or your attorney can also submit a brief in support of your position, which is a short document demonstrating why you should prevail on your SSDI benefits claim.  You should definitely submit your legal brief at least ten days before your hearing date so that the ALJ has sufficient time to review and consider your arguments.  In the event that you are seeking to establish that your medical condition falls under one or more of the SSA’s disability listings, (a list of impairments that the SSA considers as serious enough to entitle a claimant to receive SSDI benefits), you must provide sufficient medical documentation to substantiate your position.  It is highly recommended that you or your attorney refer to your medical records in support of this argument.  Overall, an SSDI benefits attorney can certainly assist you in drafting a brief, gathering the evidence necessary to support your claim, and also, to help you get the benefits that you deserve.

During Your Hearing

During your hearing, it is important to keep in mind that this is a legal proceeding, which requires you to wear appropriate clothing, be on time, be respectful to the ALJ and representatives from the SSA, and follow all of the ALJ’s directions during the entire process.  While the final decision in your case certainly depends upon the weight of your medical evidence, it is nonetheless helpful to make a good impression on the court.  As every experienced SSDI benefits attorney knows, doing these things can sometimes make a difference in your case.

While at the hearing, the ALJ will likely ask you certain questions based upon his or her review of your file, including the information that you provided before and/or during the proceeding.  Be sure to review your application and its supporting documentation prior to your hearing date so that you are prepared to answer questions posed by the SSA.  For instance, if you claim to suffer from depression but do not take any medication to treat this condition, you may be asked to clarify this discrepancy.  In general, it is highly recommended that you work with a seasoned SSDI benefits attorney, who can add significant value to your case by helping you know what to expect and to prepare you for every line of questioning.

In support of your SSDI claim, you can also ask individuals who are familiar with your injuries to serve as a witness during your hearing.  Typically, it is certainly appropriate to have one or two witnesses attest to the physical and/or metal difficulties that you face on a daily basis that stem from your medical condition.  Specifically, each witness should testify about your physical and/or metal abilities and any associated limitations.  An SSDI benefits attorney can be extremely helpful at this stage of your case, given that they know the right questions to ask of your witnesses regarding your alleged medical condition and any limitations that stem therefrom.  For instance, a roommate or spouse may be the perfect witness given that they are in the best position to attest, i.e., to your alleged inability to perform certain basic tasks, such as household chores.

During the hearing, a vocational expert (“VE”) may be called by the SSA to render an opinion regarding what jobs they, in their opinion, believe you can do.  Having an SSDI benefits attorney can certainly be useful in refuting the VE’s testimony and also, in asking the right questions.

Post-hearing

After your hearing, you still can ask the ALJ permission to submit a supplemental brief to clarify certain points raised during the proceeding.  In the event that the ALJ allows you to do so, you should submit the document as soon as possible and also, address only the questions that you were specifically allowed by the ALJ to clarify.   While you have the right to submit said brief on your own, having an attorney assist you with it is extremely helpful, given that they are specifically trained to draft these types of documents and to refine the arguments in support of your case.

In light of the above, we at the Sanger Law Office are highly experienced in handling SSDI benefit denial hearings.  We can also review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits.  Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families. The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or just have questions about your rights to SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  We look forward to helping you get the benefits that you deserve.

 

Return of Afghanistan and Iraq Veterans Reveals the Psychological Toll of War

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The culture of the military advocates resilience, courage, sacrifice by the individual and strength; think about just a couple of slogans from our military groups—“Army Strong,” or “The Few, The Proud, The Marines.”  Perceived weaknesses are simply not welcomed as we perhaps believe those weaknesses to be contrary to our perception of an effective military. It is clear that our society expects the men and women of our military to keep a stiff upper lip, even in the face of psychological trauma.

Consider, however, the fact that from 2007 to 2009 our military troops saw a 40% increase in suicide among soldiers. It appears that our society can readily accept the physical wounds of war, yet we shy away from open discussions of psychological wounds. The stigma we have attached to the mental health of our soldiers can have tragic consequences in their feelings of self-worth. While our expectations that our soldiers must have a warrior mentality may not change any time soon, maybe our culture can begin to acknowledge the emotional consequences of war.

One Soldier’s Story

Sergeant Louis Loftus, 24, was home on a mid-tour leave when he began to realize something was very wrong. Loftus was showing photographs to family members of his time in Afghanistan. Out of the blue a photo which showed a place where a fellow soldier had been killed brought him to tears. The problems grew worse. By the time Lofus came from his second deployment he was suffering nightmares, anxiety, sleep disorders and began distancing himself from those he cared about – and who cared about him. Loftus still has a hard time discussing his eventual diagnosis of Post-Traumatic Stress Disorder, particularly because he admits to being “one of those guys that made fun of people with post-traumatic stress –in my mind.” Loftus spoke to Brian Williams in an interview which was seen on NBC’s Rock Center and sadly admitted that he now knows PTSD is a very real issue.

In fact, two and a half million American soldiers have been through the wars in Afghanistan and Iraq and the psychological toll continues to mount. The Veterans Administration treated over a hundred thousand veterans for the disorder however it is likely these numbers are considerably higher since many veterans do not seek treatment. Loftus was stationed in Southern Afghanistan in a true Taliban stronghold where he and the other members of his unit were under constant attack. IED’s were common and because the roads were extremely narrow patrols had to be undertaken on foot. In less than one year, Loftus’ unit found over 6,000 IED’s and in their searches for the dangerous devices, 200 soldiers were injured and 38 killed.

When asked about fellow soldiers who died in those minefields, Loftus became very emotional, stating he generally tried not to think about it because he felt a responsibility to set a good example for the others in his unit. NBC News followed Loftus for two years – from the danger of the frontlines to his everyday life at home. Five months after NBC met Loftus he was honorably discharged and sent home to Ohio. Those around him noticed almost immediately that the trauma of Afghanistan had followed him home. Depression set in and his drinking escalated.

A 2012 report from the American Journal of Public Health showed that 39% of returning veterans from Iraq and Afghanistan were considered positive for abuse of alcohol. A psychiatrist and director of the DOD Center for Psychological Health, Captain Paul Hammer, believes that many soldiers feel they are doing the most important thing in their life when they are fighting for our country. Once those soldiers have experienced the trauma of war returning home can feel anti-climactic and they may feel as though there is little purpose to their life.

While Loftus eventually sought help from the local Veteran’s hospital, beginning therapy and medication, his underlying rage began surfacing. Loftus’ life began spiraling out of control; his relationships disintegrated and eventually he suffered a serious anxiety attack that landed him in the hospital. Once out, Loftus was charged with a domestic violence felony after he engaged in an altercation with his girlfriend, then several days later he became intoxicated, beat up his father and fought with the police. A month following Loftus’ sentence of three years’ probation and time in a halfway house, Loftus and his girlfriend welcomed a son, Mason Loftus, into their lives. Although Loftus has learned to manage his PTSD – largely for the sake of his new son – he still considers it a daily struggle.

There are scores of veterans who have suffered in the same way Louis Loftus has yet many of them will never seek help due to the stereotypes of the tough soldier who can handle anything. It is clear that things must change and our veterans must get the help they desperately need – and deserve. Military leaders must be encouraged to speak openly about their own combat experiences and all veterans as well as those currently deployed must be able to talk about their experiences in a safe environment.

The Types of Disability Benefits Available to Injured Veterans

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If you have been injured while actively serving in the U.S. armed forces, you should consider all of your financial options, including applying for veterans’ disability benefits.  These benefits are available through the U.S. Department of Veterans Affairs (“VA”) and are subject to two primary disability programs, which depend upon whether your disability is service related or not.

For service connected disabilities, benefits can be awarded for physical or emotional conditions that occurred as a result of active military service.  In order to qualify for service related disability benefits, you must also show that an incident that occurred during active service specifically caused your disability or, that there is a medical nexus between your disability and/or condition and your active service duties.  In addition, you must have been discharged under honorable circumstances and also, be diagnosed with a service connected disability in order to qualify for these benefits.  While a service connected disability need not derive from actual combat duty, it must have originated in the service or be service related in some form or another.  Moreover, some disabilities can still be considered service connected, such as post-traumatic stress disorder arising from active duty that later causes depression and other emotional disturbances.

For non-service connected disabilities, you may still be entitled to receive benefits from the SSA.  Known as a non-service connected pension, this may allow you recover benefits even if your injuries are not service connected.  Specifically, in order to obtain this type of benefit, you must have served in active duty during a war period, you must have a severe and permanent disability, and you must also meet certain financial criteria.

In general, there are certain legislative presumptions that give veterans a leg up in prevailing on their disability benefit claims.  For instance, if a Vietnam War veteran is diagnosed with diabetes mellitus to a ten percent or more degree of impairment, it will be presumed that said condition is service-connected. Specifically, these presumptions are especially benefit veterans who became inflicted with certain diseases that are common among people who served in a particular war or during a specific period of time.

For more information on the above, give the Sanger Law Office a call now to learn more about your legal options, your rights and responsibilities, as well as how we can help you get the compensation that you deserve.  We at the Sanger Law Office can review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits. Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families.  The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or just have questions about your rights to SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  We look forward to helping you get the benefits that you deserve.

Veterans’ Disability Benefits and Denials

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 At the Sanger Law Office, we know firsthand how difficult it is to be denied veterans’ disability benefits, especially after spending years putting your life on the line as a member of the U.S. armed forces.  Otherwise stated, the last thing you need to deal with after being injured in battle is having to fight yet another war with the U.S. Department of Veterans’ Affairs (“VA”) to get the veterans’ disability benefits that you deserve.

Importantly, a law passed in late 2007 allows veterans to hire an attorney to represent them after the initial denial of their disability benefits at what’s known as the “Notice of Disagreement” stage of your case.  Essentially, this law was enacted to provide disabled veterans with the best chances of obtaining much needed disability benefits to help treat and cope with their service related medical injuries and/or conditions.  Since dealing with the VA to obtain disability benefits can be a rather time consuming and complicated process, having an experienced veterans’ benefits denial attorney on your side can often increase your chances of getting a decision in your favor and also, getting your life back on track.

Whether you are a veteran of the Navy, Air Force, Coast Guard, Marines or Army, you may be entitled to receive disability benefits for any injuries or medical conditions that stem from your active duty service.  Moreover, you may be entitled to additional compensation for any injuries or current medical issues that were worsened during active service.  In general, receiving said benefits is contingent upon how you left the military, whether due to an honorable discharge or some other valid reason.

Overall, the monetary amount to which you may be entitled depends upon the nature and severity of your injuries.  For example, you may be able to receive additional amounts of money in the event that you lost a limb or limbs, you are married, you have a child or children, you have other dependents such as parents, and if your spouse or children are disabled.

If you have been denied veterans’ disability benefits, you should not give up fighting for what’s right.  Specifically, you should appeal your denial decision as soon as possible.  However, you shouldn’t go about your case alone, as an experienced veterans’ disability benefits attorney can often make a huge difference in your case.

Accordingly, Ms. Sanger can help simplify the complex process of appealing a denial of veterans disability benefits and represent you in appealing a denial or rating decision.  She can also assist you in accurately completing the paperwork so that you do not suffer even longer delays in an already lengthy process.  The Sanger Law Office is centrally located in Lawrence, KS and represents individuals who have been denied veterans’ disability benefits in Kansas and Missouri. If you are having challenges obtaining VA disability benefits in Missouri or Kansas, contact Danielle Sanger today for an initial free consultation at 785-979-4353.