TIPS FOR VETERANS FILING FOR SOCIAL SECURITY DISABILITY
Paul Marquis
Web Master
zilch (nothing). Without a doubt, the SSA system is fairly draconian. In fact, the definition of disability used by the social security system stipulates that not only must your condition have kept you out of work.. .(from the ssa.gov website) "Your disability must also last or be expected to last for at least one year or to result in death."
The percentage approach is the greatest single difference between the ssa and va disability systems. However, there are other aspects regarding social security disability that veterans should probably know about.
First of all, if your primary source of treatment is a VA medical center, don't assume that the DOS examiner who is assigned to your case will be successful in obtaining your VA medical records. The VA is notorious in some areas for not supplying needed medical records. And for this reason, it's never a bad idea for vets to personally obtain their medical records themselves so they may turn these records in when they apply for disability, or file an appeal.
One word of caution, though: never submit anything to social security without making a copy first since the social security administration is fairly notorious itself for loosing things that have been sent to them.
Veterans should also know that, unlike the VA system, you're entitled to attorney representation from the very start. Yes, you are allowed to have an attorney with you if you appeal a VA claim denial, but since the VA only allows an attorney to be compensated $10.00 for this first appeal, most vets will find it difficult to get assistance from an attorney. In the social security system, an attorney works off a contingency-fee basis from the moment they represent a claimant In other words, if they win the case, they get paid 25% of whatever backpay that SSA decides it owes the claimant The corollary of this, of course, is that the attorney receives nothing if the case is not won.
Is an attorney always needed in a social security disability case? No. And, in fact there are many outstanding disability representatives who are not attorneys at all and are referred to as "non attorney representatives" (many of these non attorney reps are former social security employees who put their experience to use representing disabled individuals).
The rule of thumb for getting an attorney (or non-attorney) is usually this. If you get denied on your initial claim, you might as well get an attorney. Because in most cases, the first appeal (the recon) will be denied and a claimant will have to request the second appeal:, a hearing before an administrative law judge. And, of course, to go before a judge without representation is never a good idea.
The SSA disability system can be exasperating and difficult Most individuals who've gone through the system have, at some point, concluded that the system is rigged against them. And, to be honest, it would be difficult to argue completely against that conclusion.
However, the best advice any claimant can utilize with regard to filing for disability is simply to learn as much as possible about the system and use that information to avoid simple mistakes, and even costly ones.
Contributed,
YNCS Don Harribine, USN(ret)
SOCIAL SECURITY TIPS PAGE 2
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