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Showing posts from June, 2014

SOCIAL SECURITY IS LOOKING FOR DISABLED VETERANS FOR BENEFITS

Attention Huntsville and North Alabama veterans:  Did you know that you may qualify for both VA disability and Social Security disability benefits?  Many vets miss out on Social Security because they don't know to apply. It is true that eligible disabled veterans can collect Social Security disability in addition to VA disability.  This is because veterans paid into the Social Security program during their years of service. If you are a veteran and have a disability (service connected or not), you may qualify for Social Security disability. Here is a quick checklist of facts, provided by the Forsythe Firm, one of Huntsville's premier representatives for veterans with disabilities. Getting Social Security disability will not reduce your VA disability benefit, or vice-versa. Medical requirements are different for Social Security disability.  Getting VA disability does not guarantee Social Security disability. The Social Security application process is quite different f

HOW IS AN UNFAVORABLE HEARING DECISION APPEALED?

The mandatory process to appeal an unfavorable decision by a hearing judge is to file an appeal with the Appeals Council.  This is a group of judges in Falls Church, VA. (and some are located in Washington, DC, also).   The time frame for getting a review by the Appeals Council is 12 to 18 months.  Neither the claimant or representative appears at this stage of appeal. Here are the typical results of the Appeals Council actions based on national averages: 74 percent of cases are either denied or dismissed, so the hearing judge's decision remains in place. 24% of cases are remanded ( sent back to the hearing judge for another hearing or additional development). 2 percent are awarded directly by the Appeals Council. If the Appeals Council does not award or remand your case, the next and final appeal is to file a suit against the Commissioner of Social Security in a US District Court.  You cannot skip the Appeals Council and go directly to federal court, however.  The