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Veterans’ Disability Attorney in Florida
There are a variety of different federal benefits available for veterans and their families. Though the Department of Veterans Affairs provides literature and other information regarding certain benefits they offer to veterans, they may neglect to mention other benefits available from both the VA and the Social Security Administration. These benefits are designed to assist veterans who were wounded or otherwise disabled either on duty or afterward.
Even though these benefits can be incredibly helpful for veterans and their families, the simple truth is that a large portion of claims to the Veterans Administration are denied. Claims may not contain all the proper paperwork, or the disability might not initially be considered severe enough to warrant benefits.
No matter the reason for the denial, it’s important to speak with an experienced veterans’ disability attorney in Florida as soon as possible. With the help of a lawyer, you can appeal against the initial decision of the Social Security Administration and, if needed, fight that decision in court.
At Hoskins, Turco, Lloyd & Lloyd, our Florida veterans’ disability lawyers have fought for the disability rights of veterans for over 30 years. We are grateful for the sacrifices that veterans and their families have made to defend our country, and we know how important it is to get government benefits as soon as possible.
To speak with a veterans benefits attorney in Florida, call us at 866-460-1990 or contact us online for a free, no-obligation consultation today.
Benefits from the Department of Veterans Affairs
The Department of Veterans Affairs (VA) offers a few different types of benefits. Perhaps the most important is disability compensation. Most often, this assistance is paid out for disabilities that are the result of disease or injury incurred during active duty. However, veterans who become disabled after being in service may also be compensated, so long as the disability is considered related to circumstances of their service. The higher the level of disability, the greater the monthly compensation.
The VA also offers Dependency and Indemnity Compensation (DIC). These benefits are designed to compensate surviving dependents of veterans who die from complications related to disabilities described above. DIC also compensates families of service members who die while on active duty and active duty for training.
The final major category of benefits from the VA is called Special Monthly Compensation (SMC). This benefit is paid to veterans who need a higher rate of compensation because of special circumstances, such as needing aid from a nurse to complete normal daily tasks because of disabilities related to active service. It may also be paid to the surviving spouse or children in some cases.
Veterans’ Disability from the Social Security Administration
In addition to benefits from the VA, veterans may also receive benefits from the Social Security Administration (SSA). In general, you must meet the same requirements as non-military civilians in order to qualify for Social Security Disability Insurance (SSDI). In previous years, meeting the requirements for VA benefits meant it was easier to qualify for SSDI, and vice versa. However, in the past couple of years, new requirements were established for both programs that eliminated that connection.
In order for veterans to qualify for SSDI, the Administration will go through a series of five questions to decide if you’re disabled. These include:
- Are you still working? If you have a job from which you earn at least $1,220 a month on average, you aren’t considered disabled. This number is set for 2019 and changes from year to year.
- Is your condition considered “severe”?For your condition to be considered severe, it must interfere with your ability to do basic work. This includes, but isn’t limited to, lifting, walking, sitting, standing and remembering. This condition must last at least 12 months to be considered severe.
- Is your condition listed as a “disabling condition”? The SSA has a list of disabling conditions that almost automatically qualify for SSDI. If your condition isn’t on this list, you’re not automatically disqualified. The Administration may still consider your case to determine if you qualify.
- Can you do any of your old jobs? If you can still perform your duties of any of your past work, you aren’t considered disabled. For instance, if you once worked as a secretary, but you lost a leg while on active duty, you could probably still do secretarial work. Therefore, you wouldn’t have a qualifying disability.
- Can you do other types of work? Similar to question 4, if you can do any other type of work, you wouldn’t be considered disabled. The Administration will consider your age, work history, education, disability and other factors when deciding if you have a qualifying disability.
It’s important to note that, if you are denied SSDI, you can still qualify for VA benefits. Alternatively, if you are denied VA benefits, you may still be eligible to receive SSDI.
Additionally, you have the opportunity to request an appeal for nearly any denial decision. If you are denied either form of disability benefits, it’s often in your best interest to speak with a veterans benefits attorney in Florida as soon as possible.
How a Florida Veterans’ Disability Lawyer Can Help You
If your claim to either the VA or the SSA is denied, you have options. You can appeal the denial and provide further evidence that you do qualify for benefits. If your claim is still denied, you can take your case through the legal system to fight for your rights.
At every step of the process, a veterans’ benefits attorney in Florida can help you make your case and get the full compensation you deserve. For over 30 years, the experienced lawyers at Hoskins, Turco, Lloyd & Lloyd have helped American heroes and their families get the full benefits they deserve from the federal government.
If you are a disabled veteran or the dependent of a disabled veteran, you have legal rights. Call our law firm today at 866-460-1990 or contact us online today for a free, no-obligation consultation.
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