American veterans who served in any branch of the US armed forces paid FICA tax, or Social Security tax. Therefore, they are covered by Social Security Disability Insurance (SSDI), in addition to benefits available through the Veterans Administration (VA).
How Does a Disabled Veteran Get Social Security Disability Benefits?
1). You must file a separate application with the Social Security Administration. SSDI benefits are totally separate from VA benefits. Qualifying for a VA benefit does not automatically give you SSDI benefits. Social Security has its own rules and its own application process.
2). Appeal any denial of your SSDI application. Unfortunately, between 70 and 80 percent of all SSDI applications are denied after a rather mechanical review. This is the norm, not the exception. You should file an appeal within 60 days and ask for a hearing before a federal administrative law judge (ALJ). This is where a majority of cases get approved.
3). Consider professional help with your claim and especially with your appeal. Social Security rules are complex, intimidating to most claimants and the appeal hearing is a complicated legal proceeding. You can get a lot of free legal services from a qualified advocate or attorney, including free consultations, assistance with applications and forms, and appeal/hearing representation. Your representative will charge you a fee only if you are successful and recover past due benefits. Social Security will withhold a small percentage of your back pay and pay your representative directly. Fees are structured by law to protect the claimant and limit the amount of fees your representative can charge. You can't be charged any fee at all unless you win your claim and also recover past due benefits.
Veterans claims have several advantages. Most veterans have access to good medical care and have complete, detailed medical records. The fact that the VA has awarded a disability benefit is not binding on Social Security; however, it is good evidence of a significant disability which may strengthen the SSDI case. Finally, veterans with a 100 percent permanent, service connected disability may get expedited claims processing.
My firm has worked with hundreds of veterans, mostly here in north Alabama--but also in other states, including Tennessee, Kentucky, Mississippi, Texas and Florida. We have a very high success rate with helping veterans get SSDI benefits. If you are a recently disabled veteran, we would be pleased to provide a free consultation at no obligation. Our office is located adjacent to Redstone Arsenal's Gate 9, inside Cummings Research Park and directly across from the Bridge Street Mall. We highly recommend an appointment so we may devote our undivided attention to you when you visit with us.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL ME: forsythefirm@gmail.com
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