There are five basis steps that the Department of Veterans Affairs uses in order to be grant disability for a veteran:

1.    First, the veteran needs to show that they are actually a “veteran.”  The current definition used to define a veteran in the United States is “a person who served in the active military, naval or air services, and who was discharged or released under conditions other than dishonorable.”  The meaning of this definition will be discussed in further detail in an upcoming entry.

2.    The second step to any VA claim showing that you suffer from a current disability.

3.    After you have shown that the first two steps exist, you must then show that your disability has a service connection.  This means that your disability began while on active duty and that the disability is connected to the service. 

4.    If the VA finds that you are a veteran suffering from a current disability that is service connected, the VA then assigns a percentage of disability.  VA monthly compensation is based on this percentage.  If you are found disabled and the rating is low, you may be able to appeal that decision to obtain a higher disability percentage.

5.    The last step is setting an effective date for the award of service-connected disability compensation.  The general rule is that the date the effective date is the date the VA receives the claim, or the date that entitlement to the benefit “arose,” whichever is later.  This is an important date because, generally, it is the date the VA uses to provide you with retroactive benefits.  It is calculated by multiplying the monthly compensation rate by the number of months that the veteran has been entitled to compensation, but not paid.

If you have questions regarding the filing of a VA claim, if you would like representation appealing your decision with the VA, or if you would like to appeal the percentage of disability you have been given, please contact the attorneys of Hamilton & Associates, LLC today.

Due to their military status, active duty and veteran service members may be able receive expedited processing of their social security disability claim if they became disabled while on active military duty on or after October 1, 2001, regardless of where the disability occurred. Generally, the disability process in South Carolina takes three years from the start of the initial application to the final appeal to the administrative law judge. In an effort to reward those individuals who proudly serve our country through active duty in the military, the SSA accelerates this process. Of course, every case is different, and depending on the complexity of your disability claims, the process still may take some time to be resolved.

In addition to receiving expedited processing through Wounded Warriors, the SSA may also allow you to continue some active duty work and apply for disability benefits at the same time, as long as the work is not deemed "substantial." However, certain changes in your duties or work status may affect your ability to collect benefits.

Whenever a client calls our office and schedules a free consultation based on a social security disability claim, I always sit with the client and review information with the client to determine whether they have a disability claim that is likely to be granted. Most of the discussion is centered around a five-step analysis that the Social Security Administration (SSA) uses when determining whether to grant an individual disability benefits.  This five-step process is used in every single case.

1. Are you working?

Generally, if a person is currently employed, the SSA will not grant a person disability benefits. If you are working a job, there is little chance that you will be given disability benefits by the SSA. If you are not working or if you are working a very small amount, the SSA will move onto the second question.

2. Is your medical condition severe?

For the SSA to decide that you are disabled, they must find that your condition will significantly limit your ability to do basic work activities. These activities include walking, standing, sitting, remembering lists, writing and understanding English, etc. If I believe that the SSA could find that your medical condition is severe, they will move onto step three.

3. Is your medical condition on the list of impairments?

The SSA has a list of medical conditions it calls impairments. These impairments have strict guidelines. If your condition meets one of these impairments, the SSA will find that you are disabled. However, if they find that your condition does not meet a listed impairment, they will move onto step four.

4. Can you do the work you did before?

At this step, the SSA will ask whether your medical conditions limit your ability do perform any of the work that you did before. The SSA applies this question to the job you did right before your medical condition started, but also goes back to jobs you did in the past. If the SSA believes that you could perform any of these jobs, they will find that you aren't disabled. If the SSA finds that you are not capable of performing these jobs, they will move onto the last step.

5. Can you do any other type of work?

If you can't do the work you previously did, the SSA will look to see if your medical condition will allow you to do any other type of work that is readily available in the national economy. The SSA will take into account your age, skill, education, and past work experience. If they find that can do any other type of work, they will find that you are not disabled.

If you believe that you are disabled, the attorneys of Hamilton & Associates, LLC strongly encourage you to contact one of our attorneys today to schedule a free consultation and review of your potential disability claim.