Disability FAQ

 

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Disability

Can my children or spouse receive social security disability benefits?


The short answer to this is yes, your spouse and your children may qualify to receive SSDI benefits. However, there are many caveats to this answer. To understand whether…

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What is the difference between social security insurance (SSI) and social security disability (SSD)?


Social Security and Disability are similar in many ways. Both are forms of federal government assistance designed to help people with disabilities make sure that they have the income they need to survive…

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How do I know if I can qualify for disability benefits?


Social Security has its own definition of disability. In order to qualify for Social Security Disability benefits, you must be unable “to engage in any substantial gainful activity” because of physical or mental illness which is expected to last at least 12 months or result in death. “Substantial gainful activity” is not limited to your previous work. If you can do any type of work on a full-time basis, then you would probably not be deemed disabled.

How long can I receive disability benefits?


Disability benefits are, in many cases, permanent once the applicant has been approved to receive Social Security Disability Insurance (SSDI) payments. Once the recipient is old enough…

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How long do I have to work in order to be eligible to receive disability benefits?


In order to receive full benefits under the Social Security system you must have worked one “quarter of coverage” for every calendar year beginning with the year after you turned 21, up to the calendar year before you became disabled. Keep in mind that, at most, you are required to have 40 quarters of coverage. Lower “quarters of coverage” are required if you become disabled before age 31 or age 24. If you are over age 31 when you become disabled, you must have 20 quarters of coverage out of the 40 preceding calendar quarters. This is referred to as the 20/40 rule. Simply put, if you have done significant work in five of the last ten years, then you likely have satisfied this requirement.

How long will I have to have worked to be eligible to receive social security disability (SSDI)?


Social Security Disability Insurance (SSDI) provides monthly benefits to certain individuals who have acquired a permanent or long-lasting disability and are no longer able to work. However, SSDI is not…

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I received a notice that my disability will be cut off. What do I do to keep this from happening?


When you rely on disability payments to maintain a certain quality of life for you and your family, being notified that your benefits are being terminated can be a scary and stressful experience…

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My child is disabled. Can they receive disability benefits?


Children can receive benefits under the Social Security Administration’s (SSA’s) Supplemental Security Income (SSI) program, provided that the family of the child meets the standards set by the SSA…

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What can I do if my benefits have been denied?


More than half of all initial Social Security Disability (SSD) applications are denied. Fortunately, you have the right to appeal the Social Security Administration’s (SSA) decision. If your SSD or SSI application has been denied, you have 60 days to file an appeal. This allows the SSA to reexamine your case based on additional documents and paperwork that must be filled out completely, truthfully, and filed within the strict time frame. This can be a difficult feat, especially when you are already dealing with the stress of an injury, which is why it is so vital that you have a social security disability attorney on your side throughout the appeals process.

What is substantial gainful activity (SGA), and how does it affect social security disability (SSDI)?


When you’re receiving financial assistance through the Social Security Administration (SSA), you may have a lot of concern regarding events or actions that might…

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When is the right time to file for disability?


When you’ve been injured to the point you’re no longer able to work and are worried about the confusing government processes you need to go through to start collecting disability, it makes sense to…

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Will workers’ compensation or other disability benefits affect the amount of my social security disability?


The short answer to this question is yes, your social security benefits will be affected. How much it affects them depends on many factors. According to the Social Security Administration, the total amount of…

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Veterans’ Disability

What can I do if I receive a decision denying my claim?


You must file a Notice of Disagreement (NOD) with the VA letting them know that you dispute the decision they reached on all or part of your claim. You have up to a year from the date of the VA’s decision, but it is recommended that you file this as soon as possible to eliminate any unnecessary delay in the appeal of your claim. Once this Notice of Disagreement is filed, the Law Firm of Hoskins, Turco, Lloyd & Lloyd may be able to represent you in correcting the errors made in the initial decision, so you get the VA benefits you deserve.

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What types of claims are there?


There are various types of claims disabled veterans can file based on their unique circumstances. These may include claims based on disabilities that were present when a veteran entered the military (pre-service disability), disabilities that occurred during active service (in-service disabilities), and disabilities that developed after a veteran left the military (post-service disabilities). Other types of claims include pre-discharge claims (for military members within 180 days of separation or retirement) and claims based on special circumstances.

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How do I start a claim for veterans benefits?


You can now apply online. The VA recommends this option as an easy way to submit and track your claim. Alternatively, you can visit a VA Regional…

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Can I receive veterans’ disability and work at the same time?


Veterans’ Disability benefits are granted based on a service-related condition that substantially limits the recipient’s ability to conduct an ordinary life…

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Can I receive veterans’ disability benefits if I am already receiving social security disability benefits?


Yes, you can be eligible to receive both VA Disability and Social Security Disability Insurance (SSDI) benefits at the same time…

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Does everyone who files for vet disability need to have a VA claim exam?


When you rely on your veterans’ benefits to pay for doctor’s visits, medical procedures and devices, physical therapy, and to maintain your quality of life, it can be aggravating and confusing to jump…

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Is VA disability available for reservists?


Disability offered through the VA is intended to provide financial support for veterans who develop an illness or injury while serving in the military. It also covers veterans who had an injury or illness…

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What are veterans’ disability benefits?


Veterans disability benefits are a form of compensation provided to veterans based on an injury or illness that either occurred during or was made worse by service in the military. Pre-existing injuries or…

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What benefits am I entitled to?


If you’ve been disabled, you may be entitled to disability payments, if you can later return to work, or have permanent disability because of a severe injury or debilitating illness. Social Security disability…

What can cause me to lose my VA disability?


For veterans who return to civilian life with a serious injury or illness caused by their service, the benefits offered by VA can be critical to returning to a state of comfort and normalcy. The idea of losing these…

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What can I do if I believe my disability is more serious than what the VA rated it?


You have the right to file an appeal if you are unhappy with the decision reached by a local VA office. If you believe you received an unfair disability decision or rating, our legal team can help you file an…

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What exactly is veterans’ disability, and how does someone qualify for it?


If you’ve been in the military and wound up with a physical or mental health condition due to the normal requirements of the service, you might be able to seek financial aid through benefits offered by the…

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What is a VA disability rating?


When you are injured in the course of military service, you are given a disability rating that will be used to determine the amount of compensation you will be sent each month. Your disability rating will also…

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Who can apply for VA disability compensation?


A veteran, spouse or surviving spouse, and children/dependents are eligible. However, the VA is authorized to define the eligibility requirements for each type of benefit. The VA defines and qualifies…

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