Social Security Disability Lawyer Blog

If you sustained a disabling condition while on active duty, or an existing injury or disability worsened while you were serving in the military, you may be eligible to receive veteran disability benefits from the government. You may also be eligible for benefits if you became disabled as a result of VA healthcare.

The process of filing a VA disability claim can be stressful and time-consuming if you aren't prepared. The following 5 tips will help you prepare for and win your VA disability claim so you can receive the benefits to which you're entitled.

1. File your claim while you're still on active duty

It is best to file a VA disability claim while you're still on active duty because it'll save you a lot of time and trouble. If you have between 60 and 180 days of active duty left, you may qualify for the Benefit Delivery at Discharge (BDD) program at your installation. In the BDD program, decisions are typically made about two months after you separate or retire. If you have less than 60 days of active duty left, you can file a "Quick Start" claim to speed up the process. Even if you're already out of the service, apply right away because the sooner you file your claim, the easier it will be to prove that an in-service injury caused your disability.

2. Make an appointment with a VA counselor

Prior to filing your VA disability claim, make an appointment with a VA counselor so you can learn more about the requirements for filing a claim, determine whether or not you're eligible to apply, and get the necessary paperwork together.

3. Carefully consider what you're going to claim

Don't claim everything you were treated for while you were in the military because it will require you to undergo unnecessary examinations and slow down the application process. Only claim injuries and disabilities you sustained while on active duty that left a residual, and never file more than two claims at once.

4. Send medical records from private providers to VA

If you have been treated by private providers, get your medical records from them and send them to VA. When you file your VA disability claim, you'll have the opportunity to sign a release and have VA request the records for you, but it's common for private providers to ignore these requests. Furthermore, some private providers request an advance payment before sending the records. If that happens, VA will have to write you and request that you get the records yourself and send them, which will add another two to three months to the claims process. Additionally, it's not advisable to allow healthcare providers to mail your medical records directly to VA because you won't have a chance review them first and ensure that they accurately address your condition.

5. Seek legal help

If you want your claim to be processed efficiently and successfully, consider seeking legal help. An experienced disability attorney can assist you in filing your claim and help you get it approved faster.

Want to apply for Social Security Disability benefits? Applying for disability benefits is as simple as filling out a few forms and contacting your local Social Security office, but to ensure that your interview runs smoothly and to increase your chances of getting approved, here are 5 steps you might want to take before filing that claim.

1. Review the Adult Disability Starter KitThe Adult Disability Starter Kit, which is available on the Social Security Administration's (SSA) website, contains a factsheet that includes the definition of disability and answers common questions about applying for benefits, a checklist of documents and information you need to have ready before your interview, and a worksheet that will help you prepare for your disability interview.

2. Determine if your wages exceed the amount allowed

To be eligible for Social Security Disability benefits, your monthly income must be below the amount specified by the SSA. Your claim will be denied if your monthly income exceeds that amount.

3. Ask for your doctor's support

Ask your doctor if he will be supportive of your disability claim. Submitting a statement from your doctor that goes into detail about how your medical condition limits your ability to engage in substantial work will help to further your case. Some doctors aren't willing to get involved in the process because of the time and effort required on their part, so prior to filing your claim, make sure that one of your doctors is willing to vouch for you.

4. Compile your medical records

To ensure that the disability determination specialist that reviews your case has all of the information he needs to accurately assess your medical condition, compile all of your health records and submit your complete medical history, including medical conditions you've been diagnosed with, treatments you've received, and the time and date that you received those treatments.

5. Write down your work history

You'll be asked to discuss your work history several times throughout the application process, so prior to filling out any forms, record all of the jobs you've had in the last 15 years, along with their duties and responsibilities. You can write this information down when you fill out the worksheet in the Adult Disability Starter Kit. You have the option to skip this step and go straight to filling out the Adult Disability Report online, but since you'll be copying the information from the worksheet onto the Adult Disability Report, it's helpful to fill out the worksheet first.

Last but not least, be prepared to explain in detail why you are unable to work and how your medical condition has affected your ability to work. If you need help gathering information and making your case, consider hiring an experienced Social Security Disability attorney. With an attorney's assistance, your application will be better positioned for approval.

I always recommend submitting a doctor's letter with your Social Security Disability claim, but for many claimants, doing so makes little difference. Why? Oftentimes, the letters that doctors submit to Social Security on their patients' behalf are too short and lack sufficient detail. A doctor's letter can help you win your social security disability case, but only if it's detailed, objective, and describes specifically how your condition affects your ability to perform work-related functions.

First things first, make sure that your name and Social Security number are clearly marked on the letter from your doctor. After all, if your identity cannot be determined by looking at the letter, it won't make it into your file.

Also, a statement from your doctor that says, "My patient is disabled and unable to work," is virtually useless. Rather than simply saying that a patient is disabled and unable to work, a doctor must describe specifically why that is so. Information that the Social Security Administration (SSA) looks for in a doctor's evaluation include how well a patient performs the following work-related functions:

 Climbing
 Kneeling
 Balancing
 Bending
 Stooping
 Crawling
 Fingering
 Handling
 Feeling
 Hearing
 Speaking
 Carrying
 Lifting
 Standing
 Walking
 Sitting

In addition, your doctor should describe your strength levels, range of motion in all joints, grip strength, and reflexes. Furthermore, your doctor should explain how your condition's symptoms impact your ability to perform work-related functions and which activities you are unable to perform altogether. In sum, your doctor's narrative letter should detail your symptoms, the treatments you've received, and your prognosis. Documents that your doctor can include with his/her letter to further your case include laboratory or other test results, clinical observations, and statements of reported symptoms or impairment.

Your doctor may be reluctant to write such a detailed letter, but that is exactly what the SSA wants to see. So, if you want to increase your chances of winning your Social Security Disability claim, strive to obtain a statement like this from your doctor. Disability determination specialists do not possess the same expertise as medical professionals, so they give significant weight to the opinions of doctors who are directly involved with treating a claimant's condition.

Need assistance applying for Social Security Disability benefits and explaining to your doctor how he can write a letter that will help your disability case? Feel free to contact us today for a free evaluation.