We Have The Answers To Common Questions Regarding Social Security And Veterans’ Disability Benefits

If you have served in southwest Asia military operations at any time from August 2, 1990 to the present and you suffer from an undiagnosed or chronic medical condition, you may be eligible for veterans’ disability benefits.

What Conditions Are Included?

Presumptive diseases for Gulf War veterans are sometimes referred to as Gulf War Syndrome or Gulf War illness.

They include symptoms of undiagnosed illnesses such as:

• Abnormal weight loss
• Fatigue
• Cardiovascular disease
• Muscle and joint pain
• Headaches
• Menstrual disorders
• Neurological and psychological problems
• Skin conditions
• Respiratory disorders
• Sleep disturbances

Other presumptive diseases for Gulf War veterans include diagnosable gastrointestinal disorders such as:

• Irritable bowel syndrome
• Functional dyspepsia
• Functional vomiting
• Functional constipation
• Functional bloating
• Functional abdominal pain syndrome
• Functional dysphagia

Chronic fatigue syndrome and fibromyalgia are also considered presumptive diseases for Gulf War veterans. Other conditions may also qualify you for benefits.

How to Prove Eligibility

To qualify for benefits because of an undiagnosable illness, a gastrointestinal illness, chronic fatigue syndrome, or fibromyalgia you need to prove that:

• The condition began during active duty or prior to the end of 2021. If your illness or disability did not begin during active duty, it must be at least 10 percent disabling.
• There is no other cause for your illness or disability than your service in southwest Asia.
• Your illness or disability has existed for six months or longer.

You must provide evidence of your service in the Gulf region and medical evidence of your diagnosis and treatment. The Department of Veterans Affairs (VA) may request an examination if there is no medical evidence of treatment for your disability or illness.

You may apply for benefits online or in person at your local VA office. You have the right to consult with an experienced veterans’ disability lawyer prior to applying, or after, to make sure that your rights and benefits are protected. If we can help you during this time, please do not hesitate to contact us through this website or by phone.

In Vietnam and the Korean demilitarized zone, the United States military used Agent Orange, a powerful herbicide and defoliant, to clear thick jungle and expose the enemy. Unfortunately, some of those in uniform who were exposed to the chemical subsequently suffered from a range of serious illnesses and conditions that have been linked to Agent Orange.

Who Was Exposed to Agent Orange?

The Department of Veterans Affairs assumes that the following people were exposed to Agent Orange:

• Anyone who served in Vietnam from January 9, 1962 – May 7, 1975. This includes veterans who made brief visits to land or who served on ships in Vietnam’s inland waterways.
• Anyone who served in or near the Korean demilitarized zone from April 1, 1968 – August 31, 1971.

If you can prove that you served in these locations during these times and that you were not dishonorably discharged, you do not have to prove that you were exposed to Agent Orange in order to get veterans’ disability benefits for a disease that may develop because of Agent Orange exposure.

You may also recover veterans disability benefits if you can prove that you were exposed to Agent Orange and you served:

• On or near military bases in Thailand during the Vietnam Era
• Where herbicides were tested and stored outside of Vietnam
• As a crew member on a C-123 plane after the Vietnam War
• On a Department of Defense project to test, store, or dispose of herbicides

To file a successful Agent Orange-related disability claim, a veteran must prove where and when he served, he must provide a medical diagnosis of a disease that is linked to Agent Orange exposure, and he must prove that the disease occurred after the exposure.

What Illnesses Are Associated With Agent Orange?

The VA recognizes that the following diseases are related to Agent Orange exposure:

• AL Amyloidosis
• Chloracne
• Chronic B-Cell leukemia
• Type 2 diabetes
• Hodgkin’s disease
• Ischemic heart disease
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Parkinson’s disease
• Peripheral neuropathy
• Porphyria cutanea tarda
• Prostate cancer
• Respiratory cancers
• Soft tissue sarcoma

A medical diagnosis is required before veterans’ disability benefits will be awarded.

How to Get the Veterans’ Disability Benefits You Deserve

If you believe your illness or disease is linked to your exposure to Agent Orange in Vietnam or elsewhere, it is important to speak with a veterans’ disability attorney regarding your case. While a connection between your service and your illness may be presumed, your disability benefits are not automatic. Please contact us today via this website or by phone for more information about how to protect your rights and fair recovery of benefits.

If you have been diagnosed with type 2 diabetes and believe that your condition was caused by or made worse by your service in the military, you could be eligible for veterans’ disability benefits. In fiscal year 2015 (the most recent year for which statistics are available), diabetes was the 9^th most common disability among all veterans’ disability recipients. In that year, 431,166 veterans received benefits because of their type 2 diabetes.

How They Qualified

There is more than one way to qualify for veterans’ disability benefits if you have type 2 diabetes. Specifically, you may qualify for benefits if:

• You can prove that your diabetes was caused by your active duty in the military or by a condition that you suffered because of your active duty in the military.
• You served in Vietnam between January 9, 1962 and May 7, 1975. If you set foot on soil in Vietnam, the Department of Veterans Affairs presumes that you were exposed to Agent Orange, a toxic herbicide used during the Vietnam War that medical professionals have connected to a variety of illnesses, including type 2 diabetes. Vietnam veterans who can prove that they were not dishonorably discharged and that they have type 2 diabetes may qualify for disability compensation.

When you apply for benefits, it is important to describe all of the conditions associated with your type 2 diabetes. For example, you should make sure that information about all related conditions is included with your applications, including:

• Vision problems
• Heart problems
• Stomach, gallbladder, or kidney problems
• Any other health impairments

Don’t assume that you will get benefits simply because you are a veteran with type 2 diabetes. Instead, make sure that the Department of Veterans Affairs has all of the information it needs to make the right decision on your claim. For help doing that, please contact us today via this website or by phone to learn more about your rights.

Survivor’s guilt is a common and understandable response when your fellow servicemembers have been badly hurt or killed. You may experience feelings of self-blame, unworthiness, loneliness, and depression. You may have difficulty sleeping, you may be angry, you may withdraw from others, you may have difficulty concentrating, and you may have other problems that interfere with your daily activities and your ability to do your job.

All of these feelings are normal and can be processed with the help of therapy and other treatments.

But First You Need to Seek Help

You may be suffering not only from survivor’s guilt, but also from post-traumatic stress disorder (PTSD) or other mental health issues arising from your military service. You should talk to a doctor about all of your symptoms.

And You Should Find Out If Veterans’ Disability Benefits May Be an Option for You

You may be eligible for veterans’ disability benefits if you suffered an injury or illness during your service or if a previous condition was made worse by your service. In order to get veterans’ disability benefits you must apply by completing VA Form 21-526, Veterans Application for Compensation and/or Pension. When you complete this form, you should be prepared to provide information about your condition, about your service, and about your discharge. You may be asked to submit to an examination with a doctor at a VA hospital before the Department of Veterans Affairs (VA) makes a determination about your eligibility and about your benefits.

It saves you time and stress to get your application right the first time. If you have medical conditions like PTSD or survivor’s guilt and would like to apply for veterans’ disability benefits, we can help. Our experienced lawyers will work hard to get your application approved. Please contact our veterans’ disability attorneys via this website or by phone to set up a confidential meeting at your convenience. We look forward to helping you during this difficult time.

All disabled veterans do not get the same compensation from the Department of Veterans Affairs (VA). Even veterans who served in the same unit and who suffer the same type of disability may recover different amounts of veterans’ disability benefits.

The specific amount of compensation that you receive from the VA for your service related disabilities partially depends on your disability rating—a number that ranges from zero percent to one hundred percent. Disability ratings are made in 10% increments. Thus, you may be considered 0%, 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90%, or 100% disabled. Those with a 0% disability rating are not considered disabled, while those with a 100% disability rating are considered the most disabled.

How Is the Disability Percentage Determined?

Your disability rating is usually determined through a medical examination conducted through the VA. During this exam, a medical professional associated with the VA will evaluate your mental and physical health while following a number of specific guidelines to determine your disability rating.

If you have more than one disability connected with your military service, those disabilities will be rated individually and then combined using a chart (not just added together). If you have a disability that seems to fall between two different disability ratings, the VA will choose the higher disability rating. As is the case with a single disability, your disability rating for multiple disabilities must be an increment of 10.

Make Sure Your Disability Rating Is Right

It is vital that your disabilities are rated correctly if you would like to receive fair compensation for your sacrifices. If you believe that you did not receive a fair disability rating or that you deserve more VA disability compensation, speak to our Texas disability attorneys today about your case. We will review your case with you and, if appropriate, advocate for your right to recover additional benefits. To learn more, please contact us any time—via this website or by phone—to schedule a confidential consultation.

In your initial application for Social Security disability benefits, you have to prove that you have worked for a significant amount of time in jobs with Social Security coverage. You must also prove that you have a disability that prevents you from working, and that this disability will last for at least one year (or is expected to be fatal).

How Will You Prove This?

The Social Security Administration (SSA) is not going to take your word for it. Instead, you must present evidence that supports your claim.

To complete the Social Security disability benefits application process, you will need the following information:

• Your Social Security number, as well as Social Security numbers for your spouse and dependent children.
• Your birth certificate.
• Proof of United States citizenship, or proof of lawful alien status if you were not born in the United States.
• Your tax information from last year.
• Military discharge information, if applicable.
• Contact information for a doctor or other professional who is familiar with your disability.
• Contact information for any medical professionals, hospitals, or doctors’ offices that have treated you.
• A list of your medications and the doctors who prescribed them.
• A list of medical tests, test results, and the person who ordered the tests.
• A summary of your job history, including your last five employers in the last 15 years.
• Any information on past workers’ compensation claims filed.

Other information may also be required by Form SSA-16 and the Adult Disability Report that accompanies that form.

In order to get the benefits that you deserve, your application must provide the SSA with the evidence that it needs to find in your favor.

If your initial SSDI benefits application has been rejected or if you have other questions or concerns with your case, contact a board-certified disability lawyer today for assistance. We will fight hard to get you the fair Social Security disability benefits that you deserve.

You ask a good question. Before you can decide whether or not to hire a Social Security disability lawyer, you need to weigh the costs and benefits so that you can make an informed decision.

We Charge No Fees Unless We Are Successful

Our fees are governed by the Social Security Administration (SSA) and, therefore, we charge no more than 25 percent of your back benefits, up to a maximum of $6,000, if we are successful. Because the fees are set by the SSA, it will not cost you more to be represented by an experienced Social Security disability attorney at our firm than it would cost you to be represented by a lay advocate who is not an attorney.

The Financial Consequences of Failing to Hire a Lawyer Can be Costly

The majority of Social Security disability applications are denied. The SSA requires very specific information to be provided in a very precise way by Social Security disability applicants. Any application that fails to meet the SSA’s requirements will be denied and the applicant will be unable to recover Social Security disability benefits even if the applicant has a disability that qualifies him for such benefits—unless the applicant is successful on appeal.

You risk nothing by hiring a board certified Social Security disability lawyer, but you risk quite a bit if you fail to hire an attorney to protect your rights. Without Social Security disability benefits, you may find it difficult to pay for your medical bills and living expenses.

You don’t have to take this risk. Instead, we encourage you to contact us for a free, no obligation consultation. We will review your case and give you information about how we can help you so that you can make an informed decision about whether or not to hire a board certified Social Security disability lawyer to protect your rights. For more information, please contact us via this website or by phone to schedule your free consultation.

In many cases, the answer to this question is “yes,” you can automatically qualify for disability benefits if you suffer from lymphoma. Non-Hodgkin’s lymphoma is a condition that is listed in the Social Security Administration’s blue book of disability listings. This means that some patients may automatically be approved for disability benefits.

Common Lymphoma Symptoms

When lymphoma symptoms prevent patients from being able to support themselves financially, Social Security disability benefits can be a valuable lifeline. Examples of some of the more common symptoms of this condition include the following:

1. Weight loss
2. Fatigue
3. Swollen lymph nodes
4. Fever
5. Anemia
6. Weakness

Treatments for Lymphoma

Social Security disability benefits can also help lymphoma patients focus on their treatment rather than worrying about how they are going to pay their bills. Some of the treatments that victims may have to endure include the following:

1. Radiation therapy
2. Chemotherapy
3. Surgical procedures
4. Other biological therapies, such as interferon

Qualifying for Disability Benefits Due to Lymphoma

In order to qualify automatically for disability benefits as a result of lymphoma, your Social Security disability application should:

1. Include a diagnosis of non-Hodgkin’s lymphoma.
2. Demonstrate that the lymphoma is aggressive, also known as diffuse large B-cell lymphoma and that the aggressive lymphoma did not go away after an initial round of chemotherapy or radiation treatment.
3. In the alternative, demonstrate that you suffer from indolent lymphoma, also known as mycosis fungoides or follicular small cleaved cell lymphoma that requires more than one chemotherapy or radiation treatment within a time period of one year.

It is also important to note that if your lymphoma required that you obtain a bone marrow transplant or a stem cell transplant, you can automatically qualify for disability benefits for a time period of one year.

As is the case with all Social Security disability eligibility determinations, your application must be complete in order to recover benefits.

If you are interested in learning more about Social Security disability benefits, we encourage you to view our free guide, Social Security Disability: What You Need to Know or to start a live chat with us at your convenience.

It can take several months for your disability claim to be decided, and during that time you may have questions about the status of your claim. It is important to be proactive about tracking your Social Security disability claim as it moves through the system, but first you need to know how and why to do it.

How to Check the Status of a Social Security Disability Application

You can check the status of your Social Security disability claim by:

• Calling the local Social Security Office and speaking with a disability claims representative.
• Checking the status of your claim on the Social Security website.
• Speaking directly with the disability examiner assigned to your case. This person likely works in the Texas Disability Determination Services (DDS) office.
• Contacting your Social Security disability lawyer. Your attorney can make the appropriate calls to the SSA or DDS on your behalf and help you get the information you need.

You, or your lawyer, can usually get the most information by contacting DDS. When you call the DDS office, tell them you are calling to check the status of your application. The disability examiner will be able to tell you if your case is pending or if a decision has been made. If your claim is still pending, ask if there is any way you can help move the process forward. Remember not to say anything that could hurt your chances of obtaining Social Security disability benefits, and instead, keep any conversations with the SSA or DDS limited to the status of your case.

Why You Should Check the Status of a Social Security Disability Application

Now that you know how to check the status of your Social Security disability application, it is important to know why you should do so. You should check on your application’s status because:

• Paperwork may get lost. It is possible that the paperwork for a Social Security disability benefits application was lost. When this happens, the case will not progress, and valuable time may be lost. In some cases, the applicant may even have to prepare and file an entirely new application. This occurs when the Social Security Administration determines that the appeal deadline was missed, even if that missed deadline was the fault of the SSA itself.
• The Social Security Administration may fail to notify you that your claim has been denied. Applicants have only 65 days from the date on which the denial was issued to file an appeal. Naturally, it is extremely difficult to comply with this deadline if you are not aware that your claim was denied.
• Contacting your claims examiner at the Disability Determination Services to inquire about the status of your case could potentially speed the matter along.

The approval of your claim may be just part of another workday for the government worker assigned to your case, but it is critically important to you, and the wait for an answer can be excruciating. If you are handling your claim yourself, on the day you file your initial claim or first appeal, make a note on a calendar to remind yourself to check the status of your claim in 30 days. That way you won’t forget to follow up on this important matter.

If you are working with a disability attorney, you should trust that your lawyer will stay on top of your claim. An experienced Social Security disability lawyer will already be in communication with your disability examiner and can keep you up to date on the status of your claim. It’s just one of the services a legal representative will provide for you. Call Morgan Weisbrod at (214) 373-3761 today to learn more.

There are a number of serious consequences to committing crimes—and many people don’t realize that the extent of those consequences go beyond jail time and fines. In some instances, your criminal record or your criminal status could affect your ability to receive Social Security disability benefits.

How Your Criminal Record Could Impact Your Social Security Disability Benefits

Generally, you cannot receive Social Security benefits if you:

• Currently have an outstanding warrant for your arrest for a felony
• Are currently incarcerated for a felony
• Are currently institutionalized by court order for a crime for which you were found not guilty due to insanity or for which you were found incompetent to stand trial
• Became disabled while committing a crime for which you were convicted—or your disability became worse while committing a crime
• Were injured or became disabled, or your disability became worse, while serving time for a felony. However, you may apply to receive benefits for this disability after being released from prison.
• Committed the crime of fraud to obtain Social Security benefits or if someone in the Social Security Administration committed fraud on your behalf
• Are violating a condition of your parole
• Are violating a condition of your probation

But You Can Receive Social Security Disability Benefits in Some Cases

Specifically, you may be eligible for Social Security disability benefits if you:

• Have a criminal record but you are not currently in prison for a felony and you are not currently wanted for a felony
• Are incarcerated but participating in a rehabilitation program such as a work-release program, and if your release will take place in a reasonable amount of time
• Are injured but are not convicted of the crime associated with the injury

We have all made mistakes. You may have paid the price for your mistakes and learned important lessons from these mistakes. In many cases, if you serve your time and follow the conditions of your probation or parole, your criminal past will not affect your ability to secure Social Security disability benefits. To learn more about your specific case, contact Morgan Weisbrod today via this website for a free, confidential consultation.