Why Should I Review My Award Notice?

Reviewing the award notice that you get after a favorable decision is probably the single most important thing that we do. The award notices often contain errors. They can misstate the amount of time you are entitled to retroactive benefits. They can be wrong on the amount of benefits you’re supposed to get going forward, due to things like workers compensation offsets, and they can forget to discuss your auxiliary benefits – benefits that you are due for dependent children. Reviewing those records is something that we do very, very closely in order to maximize your benefits.

By: Lew Insler

VA Disability Compensation Requirements

My name is Gideon Miller. Today we’re going to talk about what a veteran must prove in order to get VA disability compensation. To receive veteran’s disability you must have been in active service and you must not have been dishonorably discharged. You must currently be suffering the effects or the symptoms of that injury or disease, and you must show that these effects or symptoms are directly related to your service.

This relationship is called the Medical Nexus. Once the symptoms or effects are shown, the VA will assign a percentage of disability or a rating, for each impairment. The rating is based on a defined set of symptoms or limitations resulting from the impairment. Each rating results in a monthly payment based on the schedule established and changed periodically by congress.

By: Gideon J. Miller

Veterans Affairs Issuing Impairment Protocol

My name is Gideon Miller, and I’m going to explain to you how ratings are issued by the VA, for multiple impairments including Post-Traumatic Stress Disorder. Multiple impairments are not simply added up to obtain a novel rating in a VA claim. Each decreasing impairment is seen as a percentage of what is left. For example, a 15% impairment leaves you with 85% remaining. A further 10% impairment is taken against the 85% to yield an additional 8.5% rating.  And the total of 18.5% would usually be rounded to 20%.

However, the VA can also pay a benefit greater than the 100% rating amount for cases of Individual Unemployability or IU. To qualify, you must have at least one service-connected disability rated at 60%, or alternatively, two or more service-connected disabilities with at least one disability rating at 40% or more, with a combined rating of 70% or more.  You must be unable to maintain substantially gainful employment as a result of your service-connected disability.

Individual Unemployability & Post-Traumatic Stress Disorder

Marginal employment such as odd jobs, is not considered substantial gainful employment for VA purposes. While Individual Unemployability can come from many combinations of impairments, it is frequently associated with claims for Post-Traumatic Stress Disorder. Due to the great deal of attention this condition has received in the past 10 to 15 years, there are now a number of presumptions in favor of a diagnosis of Post-Traumatic Stress Disorder.

For example, if you’ve served in combat, and you can prove that your PTSD is related to that combat experience, the presumption applies. But even if you think you meet one of the presumptive causes, there may still be difficulty showing the existence of the stressor to the VA satisfaction. You may be found to have a service-connected disability for Post-Traumatic Stress Disorder from a stressor that is not among the presumption. However, in that case, you will need a medical report connecting the stressor and the diagnosis called a Nexus Report. Nexus reports are needed for any condition for which a presumption does not exist in the law.

Exposure to Agent Orange

The other major condition for which there are presumptions, is for Vietnam arrow exposure of the Agent Orange. Proof of exposure to Agent Orange, and a diagnosis of certain conditions such as diabetes or leukemia, allow for a finding of service connection.  However, in any of the presumptive service-connected impairments, the rating is still subject to the usual factors.

By: Gideon J. Miller

 Eligibility Requirements for Disability Benefits

Are you disabled? Does your disability prevent you from working? You may be eligible for social security disability benefits. Insler & Hermann knows that it’s not easy to apply for social security disability. We can help.

Most people are denied the first time they try

Call us today and let us help you get the disability benefits you deserve. We’re with you every step of the way. The sooner you meet with us, the sooner we can help you receive the benefits you deserve. We don’t get paid unless you win. Be our next success story.

By: Lew Insler

Railroad Retirement Act Benefits

Hi, I’m Gabe Herman, and today we’re going to speak about what benefits are available under the Railroad Retirement Act that are different from those received from Social Security. The Railroad Retirement Act provides for two kinds of benefits to railroad employees: tier one benefits and tier two benefits.

Tier One & Tier Two Benefits

A tier one benefit corresponds neatly with the benefits that a claimant would collect under the Social Security Act. Tier two benefits, on the other hand, are a pension benefit unique to railroad workers who retire or are rewarded a disability annuity. The combined tier one and tier two benefits are generally higher than what a Social Security beneficiary would collect.

Dual Benefit Reduction

If somebody is eligible for both Social Security and railroad benefits because of their work history, that person will only get the larger benefit, whether it is the Social Security benefit or the railroad benefit. This reduction occurs because benefits are based on combining railroad and Social Security credits, figured under Social Security’s formulas, and reflects what Social Security would pay if railroad work were covered by that system.

The dual-benefit reduction follows the principles of Social Security under which a beneficiary receives only the higher of any two benefits that are payable. Railroad retirement benefits rise with cost-of-living adjustments at the same rate and at the same time that Social Security benefits increase. Generally, tier one benefits are calculated using the same formulas as Social Security benefits.

By: Gabe Hermann

Problems With Disability Compensation Claims

My name is Gideon Miller, and we’re going to talk about what problems you may face during your VA claim for disability compensation. Evidence of service connection may be extremely hard to come by, and even when presented with what you think is strong evidence, the VA often makes decisions that cause you to shake your head in disbelief. Even if service connection is accepted, you can appeal either the rating percentage, the effective date of the disability, or both.

The VA will only approve attorney fees for work done after there has been an initial decision, so unlike Social Security, it is very unusual for an attorney to be involved in the initial application. This can lead to incomplete claims, as can the fact that the VA may approve one part of the case and deny another or perhaps give a different effective date for a third part.

Additionally an acceptable rating may be issued by the VA as yet another example of how the VA may be involved in your case, so you can have claims pending at many different levels concerning many different issues at the same time.

Added to the complexity of claims and the law involved is the delay. It can often take years for an appeal to be heard, and frustration is inevitable. You should seek experienced counsel as soon as an initial determination has been made, due to time limits and the frequent difficulty in obtaining evidence and records. A huge fire at a veterans’ record center in 1973 destroyed the records of over 16 million veterans, many of whom are still entitled to benefits today.

By: Gideon J. Miller

Proper Steps to take to Avoid Social Security Claim Errors

Hi. I’m Lew Insler from Insler & Hermann. We’re going to talk about the most common mistakes we see with Social Security Disability claimants and when you should retain an attorney. The hardest part about a Social Security Disability claim is the initial application and the daily activity questionnaire. They come at the beginning, so get the attorney involved from the start to help you deal with the hardest part of your case, the most stressful, and the time when you have the most questions. Also, we win the initial claims at a far greater rate than the national average. The percentage of cases that are won at the later stage, particularly at the hearings, has also decreased. So you’re maximizing your chances of success by having us represent you right from the start and helping you with your initial claim.

By: Lew Insler

Qualifications for Occupational Disability Annuity

Hi, I’m Gabe Herman, and today we are going to speak about the difference between occupational disability and total disability under the Railroad Retirement Act. In order to be eligible for an occupational disability annuity, you need to be unable to work in your regular railroad job. While you might be able to do other work, the railroad is concerned specifically about the job you did for them.

In addition, you have to have a current railroad connection with either 240 months of creditable railroad service, which comes to 20 years in, or be at least 60 years old with 120 months of creditable railroad service, which is a ten year tenure. In addition, you have to be permanently disabled from the work you did in your regular railroad occupation. Regular railroad occupation is the job you did in the last few years that you were working for the railroad. For example, if you were a conductor, you have to be unable to do the jobs that the railroad requires a conductor to be able to do. If you were an engineer, you have to be unable to drive a train. If you worked in the office, you have to be unable to do the office work, whether it was clerical or computer or ticket taking.

Qualifications for Total Disability Annuity

If you have not worked for 20 years with the railroad, or if you are not over 60 and have 10 years in, the benefit that you are eligible from the railroad is the total and permanent disability annuity. In that case, you have to be unable to work in any kind of job at all. An additional qualification is you have to have at least 120 months of creditable railroad service and be permanently and totally disabled from any kind of regular work. If you don’t have 20 years into the railroad, but you have over 10 years of work with the railroad, and you are unable to work in any capacity at all, you might be eligible for a total and permanent disability annuity.

Again, you have to be unable to work in any other kind of job to qualify. Not just the work you did for the railroad, but any other work. You have to stop all work, but you do not have to have a current connection to the railroad. You should consult with an attorney to determine which kind of benefit is appropriate for you to seek, and exactly what you must do in order to be eligible for that benefit.

By: Gabe Hermann

Eligibility for Railroad Benefits

Hi, I’m Gabe Hermann and today we are going to speak about why you should have an attorney handle your railroad retirement claim. Eligibility for railroad benefits is dependent on a large number of factors, including your period of service, whether you have a current or remote service connection, the type of benefits you are due.

In addition to that, factors to be considered are the type of work you performed and your age. There is a complex interplay between eligibility for railroad benefits and for social security disability benefits. You will benefit from working with someone who understands how to make sure that you maximize the benefits to which you are entitled.

Winning Railroad Retirement Claims

As attorneys who have represented thousands of disabled clients, we understand what the decision makers at the Railroad Board are looking for, and we can best explain to physicians and treating sources what information is most critical to showing a disability. We understand the claims process. We know the hearing officers, and we are known by them. We can maintain channels of communication with the people who decide if you are disabled, and we make sure that they have all of the information that they need in order for them to make a determination.

In short, we know what it takes to win your railroad disability claim, and we help make sure to present your railroad disability claim correctly by actively monitoring your claim and making sure that the board’s decision makers follow the law and the applicable regulations when deciding your case.

By: Gabe Hermann