Understand Your Rights. Solve Your Legal Problems
The process of understanding disability ratings in Georgia represents a key factor for obtaining fair workers compensation settlement following workplace injuries. These ratings function as the initial basis which determines benefits amounts and settlement values and affects the entire claim progression.
Every element of your workers compensation claim in Georgia depends on disability ratings. These assessments determine both the duration and amount of compensation payments you will receive. The rating percentage sets the initial value of your settlement since higher ratings lead to greater compensation amounts.
Typically Georgia workers’ compensation programs apply a disability rating at some point during the recovery process. Usually the rating will follow after you have reached maximum medical improvement (MMI), a phase where your condition has become stable and it is not likely you will gain further significant improvement in your recovery. The reason for this timing is to allow medical professionals to properly assess your permanent restrictions and functions. This process involves medical examinations, review of treatment records and an assessment of your ability to perform your work duties.
Georgia uses a pre-established schedule system to calculate PPD benefits. The system assigns specific values to different body parts based on their functional importance. For example, hand loss and finger loss have a different compensation value to losing a leg. The state schedule provides standard guidelines that ensure consistency in comparable injury cases while also accounting for varying degrees of impairment to different body parts.
PPD compensation is determined by a straightforward formula based on the percentage of impairment. Georgia multiples your disability rating by the scheduled number of weeks assigned to a specific body region, and then your average weekly wage is applied to determine your compensation. This allows for consistency in calculating benefits while awarding proportionally higher compensation for greater impairments.
Disability ratings are used by both insurance companies and injured workers as precursors to negotiation. The rating is a medical opinion, objective in nature, that dictates the minimum settlement requirements. Skilled negotiators realize that these ratings are the baseline for negotiating settlements and will adjust their strategy accordingly. Successful negotiation is frequently a matter of presenting additional reasons to compensate the worker in excess of the bare minimum rating.
Several factors can contribute significantly to Georgia workers compensation settlements beyond the calculation of the basic disability rating:
Legal involvement throughout the entire process is crucial to ensure that your rights remain protected. The settlement offer must reflect the true impact of your workplace injury. The complex nature of the Georgia workers compensation system requires professional guidance to navigate effectively.
Oklahoma is no stranger to hardship. From unpredictable weather to economic shifts, residents here know how to persevere. But when health issues force someone out of the workforce for the long haul, grit alone isn't enough. That’s where long-term disability benefits are supposed to step in, yet getting approved is rarely simple. Navigating the complexities of long-term disability claims in Oklahoma can be a daunting task, especially given the significant number of individuals affected by disabilities in the state.
Whether you’re in Tulsa, Oklahoma City, or a rural county, the process of claiming disability benefits can feel stacked against you. In December 2023, the Social Security Administration reported that Oklahoma had roughly 114,577 disabled workers receiving benefits, highlighting the prevalence of disability claims in the state. With such a considerable number of individuals seeking support, the process of securing long-term disability benefits can become highly competitive and complex. An experienced long-term disability lawyer in Oklahoma can provide invaluable assistance, ensuring that claims are thoroughly prepared and effectively presented, thereby enhancing the likelihood of a favorable outcome for those going through this challenging process.
These policies are known to contain complicated jargon that is difficult to decipher. This is where attorneys who work in this field can decode these documents. By scrutinizing policy specifics, they leave no stone unturned, ensuring that clients know their rights and obligations. This understanding forms the basis of a solid case.
Many steps are involved in filing a claim, so you must pay close attention to every step. Errors made in this step can result in delays or rejections. This is where a good lawyer comes in. They provide guidance to clients who submit complete applications, which reduces errors. That attention to detail can lead to a better experience for claimants.
When it comes to disability claims, proof is everything. Strong claims rest on the details, including doctor records, physician statements, and other documentation. Legal professionals gather these types of important evidence. They partner with healthcare providers, confirming that all data is collected. Their exhaustive nature reinforces the claim, making it far likelier to get the tick of approval.
Getting some claims denied can be demoralizing. This challenge exists for many, but what should we do? At this point, a seasoned attorney comes into the picture to write persuasive appeals. They systematically dissect the reasons for the rejection, responding to each with watertight logic. They frequently turn a no into a yes with their compelling reasoning.
The legal process can feel like a maze nobody wants to go through. The only way to make it manageable is to work with an expert. Attorneys manage complex legal issues, from preparing paperwork to representing clients in court. They know the ropes, and procedural delays will not get in the way.
Insurance companies are known to lowball claimants when it comes to settlement amounts. Good negotiators fight for the right compensation. They can more accurately assess the value of a claim. They negotiate strategically to obtain settlements that fully represent the case's value.
Defending against a long-term disability claim can take an emotional toll. This is usually a stressful and uncertain process. Solicitors not only offer legal assistance but also act as emotional support. They anchor in stormy seas, allowing clients to sail through obstacles without losing control of the steering wheel. This approach creates a better experience in a difficult moment.
The entire claims process must remain as transparent as possible. One way lawyers do this is by keeping the client updated at every step of the way. This keeps them involved and updated on the progress of their case. So, the open line of communication and execution builds trust and gives power to clients.
Meeting deadlines is critical in a legal context. A missed deadline can destroy a claim. Lawyers keep close track of deadlines to ensure that everything is done on time. This vigilance avoids a detour, turning the process back on course.
No two disability cases are alike, so they call for individualized approaches. Thus, the benefit of hiring an experienced lawyer is that they take a personalized approach. They look at the details pertinent to each case, developing plans that correlate with what the client is trying to achieve. This customized approach leads to success.
An experienced long-term disability attorney is a ray of light in long-term disability claims. Combined with a friendly yet professional framework, they enable humans to master difficult processes. Their work involves everything from interpreting policies to negotiating settlements. Claimants who hire these professionals improve their chances of obtaining the benefits they earned, which creates a level of reassurance that the best minds are fighting for them.
Disabled individuals in New Jersey with no or limited capacity to work face physical, emotional, and economic hardships. Social Security disability benefits provide vital financial aid for disabled Americans to live independently on their own terms.
Many claimants with valid claims face the despair of a denial due to incomplete applications or insufficient medical documentation.
An experienced New Jersey Disability Lawyer can help fill out your application form accurately and ensure there are no omissions in the application to harm your chances of securing crucial federal financial assistance in the form of disability benefits. You can hire a disability lawyer anytime during your application process. However, hiring one before initiating the application process can bolster your chances of approval for benefits. Once you are no longer able to work due to your disability, there is no reason to wait. Contact a disability lawyer right away.
Experienced disability lawyers have extensive knowledge about the Social Security Administration’s (SSA) eligibility criteria for approving benefits. A lawyer will review your medical records to determine if you have a severe disabling condition that prevents you from doing the work that you did in the past or adjusting to other types of work.
The lawyer will determine if your disability has lasted or is expected to last for at least a year or will result in death. The lawyer will analyze your employment history to ensure you have worked long enough and recently enough in jobs covered by Social Security.
The date you apply for disability benefits has paramount significance. You will receive back payments from the SSA for only up to one year before your application date. A disability lawyer will ensure you file your claim at the earliest to establish a date of onset. For example, if you discover that you are disabled on January 1, 2022, but file for disability benefits on January 1, 2025, you will only receive back benefits starting from January 1, 2024. The date of onset plays a critical role in determining how much back pay you are entitled to once you win approval.
To ensure your case is decided swiftly, your disability lawyer will stay in close and continuous contact with the SSA. Specialized disability lawyers maintain cordial relations with the staff at the disability determination services (DDS). Your lawyer will ensure that you do not miss any crucial deadlines. Disability lawyers are adept at moving the application process swiftly by staying in frequent contact with the SSA. Your attorney will provide you with updates as and when any developments unfold.
If your disability prevents you from performing routine tasks and earning a living, a New Jersey disability lawyer can help you qualify for disability benefits by building a solid case comprising thorough medical evidence and other supporting documentation.
If you are contemplating filing for disability benefits or have been denied benefits, contact a New Jersey disability lawyer at Chermol and Fishman to schedule a free initial consultation to discuss how we can assist you. Remember, it is never too late to hire a disability lawyer.
Living with a disability is a major challenge that can come with life-changing consequences. It’s easy to be frustrated by your disability, especially when it was caused by an accident that could have been prevented. There are many situations where another person or party may act with negligence in such a way that an accident occurs which leaves you with a debilitating temporary or permanent disability. If this has occurred to you and you believe that you can recoup compensation for what occurred, you shouldn’t hesitate to reach out to a personal injury lawyer. Learn everything you need to know about the common disabilities eligible for benefits along with the legal process to expect if this is the route you choose to take.
For those unfamiliar with personal injury law, what qualifies as personal injury is any situation where one party accidentally injures another physically, mentally, or emotionally through their negligent actions. Car accidents, workplace injuries, and medical malpractice are among the most common examples, but the breadth of personal injury lawsuits can reach far beyond these cases. In any type of personal injury case, it’s possible that the resulting injuries are severe enough that they leave you with long-term if not permanent, disabilities.
In this situation, you may need to pursue special types of damages. There are personal injury claims for temporary injuries and there are claims for long-term or permanent disabilities, and suing for the right type will ensure you get the compensation you deserve. Keep in mind, though, that you will need to provide a preponderance of evidence that demonstrates the other party acted with such negligence that they breached their duty of care to you and caused the injury. This is why hiring a personal injury lawyer will be crucial.
Determining liability in any personal injury case is a challenge, but it is particularly difficult in disability-related cases. To defend your case, as mentioned, you will need to show that the other party acted with negligence. However, proving negligence to insurance or the court requires proving four things in particular:
The way in which all of the above tends to be proven is with the help of witness testimonies, medical records, and other forms of evidence that support negligence claims.
As with any other personal injury case, there are a few different types of damages you can consider filing for. The three most common types of damages seen in personal injury cases include:
Compensation will be calculated by taking into account the evidence that you presented earlier. For example, medical experts who can attest to the cost of your injuries in addition to psychologists and physical therapists who can attest to future medical costs may be relied on.
Filing a suit for a personal injury that caused your long-term disability is not dissimilar to filing any other personal injury lawsuit. The step-by-step journey when filing a lawsuit you can expect is as follows:
As mentioned, you should always hire a personal injury lawyer to help you with your case. Even if you feel fairly certain of the facts yourself, a personal injury lawyer will be able to help you navigate the legal process of pursuing a disability claim. This means they will help you gather evidence, negotiate settlements, speak with the court, and more. Attorneys, particularly those with experience in personal injury law, can utilize their experience to maximize your compensation. This helps to ensure that your long-term needs, such as medical care and rehabilitation, are met swiftly. Always consider a lawyer’s previous experience with disability claims and their successful outcomes when choosing the lawyer you want to partner with.
Nobody wants to be injured in an accident, especially when it leaves them with a debilitating injury for years to come. However, when someone has acted negligently and caused that accident that injured you, there’s no need to accept the financial hole it will create. Seek out legal assistance as early as possible to ensure you receive appropriate compensation for your long-term care needs in order to benefit your overall quality of life.
Maneuvering the intricacies of VA disability claims can be incredibly daunting for veterans. From dealing with challenging legal requirements to meeting stringent documentation standards, veterans often face numerous hurdles. Tennessee lawyers play a crucial role in bridging these gaps, offering vital assistance in understanding and managing claims. Their experience can significantly increase the chances of a successful claim process by providing the necessary legal guidance and support.
Tennessee veterans benefit from the knowledge of local VA disability lawyers who understand state-specific regulations and challenges. Lawyers in this field understand what evidence is needed and how to present it effectively. This knowledge is essential in helping veterans avoid common pitfalls and work through the often confusing VA claims process. Legal representation ensures that veterans' rights are protected throughout the appeals process.
By connecting veterans with experienced legal professionals, Tennessee ensures that those who served have access to the support they deserve. Applying for VA disability benefits involves a convoluted application process, including understanding eligibility requirements and completing necessary forms. Lawyers assist in gathering required documentation and building strong cases, thus increasing the likelihood of a successful outcome for those seeking the benefits they have earned.
Overcoming the framework of VA disability claims involves understanding key components of the benefits and compensation system, the role of the Department of Veterans Affairs, and the intricacies of the appeals process. Each area plays a critical role in determining how veterans receive compensation for service-connected disabilities.
Disability benefits provide financial aid to veterans unable to work due to injuries or illnesses sustained during military service. Disability compensation is based on a disability rating, which evaluates the severity of the ailment. This rating, determined by the VA, impacts the monthly compensation. Veterans use VA Form 21-526EZ to file a claim, where they must prove a service connection for their condition.
The VA considers both the evidence provided by the veteran and any additional records from military or civilian medical sources. Due to the complexity of the assessment, veterans often require guidance to ensure accurate evaluations and submissions. Understanding these elements aids in optimizing the potential for favorable outcomes.
The Department of Veterans Affairs oversees the administration of VA disability benefits, ensuring that eligible veterans receive fair and timely compensation. Its responsibilities include processing claims, determining eligibility, and issuing disability ratings. The VA operates under strict guidelines, aiming to efficiently manage a vast number of claims.
The VA's role is also to assist in acquiring necessary documentation and conducting evaluations to substantiate a veteran's condition. Understanding the VA's processes and criteria helps veterans to better prepare and submit their claims. Knowing what to expect from these proceedings minimizes delays and increases the chances of successful claims.
When a veteran disagrees with a decision on their VA disability claim, they may enter the appeals process. This can involve requesting a review by the Board of Veterans’ Appeals. The appeals process is structured to reevaluate claims and ensure that all evidence and arguments are fully considered.
Steps in the process include submitting a Notice of Disagreement and possibly a hearing before a veterans law judge. The appeal can be challenging, often requiring legal assistance to navigate effectively. Understanding the different appeal options and time constraints is vital for veterans seeking to contest VA decisions and secure rightful benefits.
Tennessee lawyers play crucial roles in advocating for veterans during the VA disability claims process. They assist in overcoming claim denials and understanding how to properly file a Notice of Disagreement. Professional VA lawyers provide advantages such as legal representation and working through appeals processes.
VA disability lawyers in Tennessee are vital for veterans in securing their entitled benefits. These legal professionals are skilled in disability claims, ensuring the veterans' service-connected disabilities are correctly evaluated and documented.
With skills in gathering medical evidence and preparing detailed claim forms, they help present a strong case to the Board of Veterans’ Appeals (BVA). Lawyers often work on a contingency basis, which allows disabled veterans to seek justice without upfront costs.
Through collaboration with the Memphis VA Medical Center and Tennessee Valley Healthcare System, they ensure proper medical documentation supports the claim, enhancing the likelihood of a favorable VA disability rating.
Claim denials are a common hurdle for veterans seeking disability benefits. VA lawyers assist in dissecting the reasons behind these denials and guide veterans through filing a Notice of Disagreement (NOD) with the regional office. The NOD process is crucial, as it formally challenges the initial decision and requests a re-evaluation.
Lawyers provide strategic advice on assembling additional medical records or "buddy statements" that can substantiate the veteran's claim of a current disability or service-connected disability. This is essential if the case progresses to higher levels, such as the U.S. Court of Appeals for Veterans Claims.
They also help in requesting a free case evaluation to explore potential courses of action for complicated cases involving PTSD or claims of individual unemployability.
The advantages of hiring a veterans disability benefits lawyer include their deep knowledge of veteran's law and extensive experience with the appeals process. Such lawyers provide essential guidance in linking a veteran's military experience to their current disability through a nexus, a critical component in proving entitlement to VA disability compensation.
Their ability to handle the intricacies of the VA claims process, from initial submissions to navigating through the appeals board, is invaluable. A benefits law firm can enhance a veteran's chance for success by ensuring all evidence and VA forms conform to the required legal standards.
Professional VA attorneys can also help calculate and secure back pay, ensuring veterans receive the full compensation and benefits they deserve. By providing confident, knowledgeable support, these lawyers are integral in supporting veterans through every step of their claims journey.
If you want to qualify the criteria for SSDI benefits, you must have:
In general, the SSA pays monthly benefits to individuals who don’t work for a year or more due to a disability.
Typically, there is a 5-month waiting period, and the first benefit is paid in the 6th full month after the date your disability is determined to have begun.
The Social Security Administration may provide disability benefits for up to 12 months before you apply if it is determined that you were disabled during that time and you meet all other eligibility requirements.
Benefits generally continue until you can return to work on a regular basis. There are also special rules, known as work incentives, that offer continued benefits and health care coverage to help you transition back to work. In case you are not aware of these, you can hire a social security disability lawyer, who can guide you throughout the process.
If you are getting SSDI benefits after a full retirement age, your disability benefits automatically get converted to retirement benefits. However, the amount remains the same.
If you have enough work credits to qualify for disability benefits, the SSA follows a thorough process involving 5 questions to determine if you have the disability qualified for the benefits. The 5 questions are:
The SSA generally follows earnings guidelines to assess whether your work activity qualifies as Substantial Gainful Activity (SGA).
If you are currently working in 2024 and your earnings carry an average of more than $1,550 per month ($2,590 if you’re blind), you usually be considered to have a disability.
If you are not working or working with a non-performing SGA, SSA will send your note or application to the Disability Determination Services (DDS) office. This office will evaluate your medical condition using the Steps 2-5 below.
Your condition needs to be serious enough to significantly limit your ability to do some basic work-related activities. Those include lifting, sitting, walking, standing, or remembering, for about 12 months.
If it does not, the SSA will determine that you do not suffer from any qualifying disability.
If your condition comes in between your basic work-related activities, the SSA moves to the next step.
The SSA thoroughly creates a list of medical conditions for the main body system that are considered severe enough to prevent a person from performing SGA.
If your condition is not on the list, the SSA must check if it is as severe as a listed condition.
If it is, the SSA will determine the qualifying disability. If it is not, the SSA proceeds further.
At this step, the SSA will decide in case your medical conditions prevent you from performing any of your past work. If it doesn’t, the SSA will check that you are not under a disability qualified for the benefits. If it does, the SSA will move forward.
If you are unable to do the work you did in the past, the SSA will evaluate whether there is other work you could do instead of your medical impairment(s).
The SSA considers you legally blind usually in the cases when it is not possible to improve your vision to better than 20/200 in your better eye, or if your visual field is 20 degrees or less, even with corrective lenses.
Many people who are legally blind may still have some sight and might be able to read large print and get around without a cane or guide dog.
Even if you don't meet the legal definition of blindness, you might still clear the criteria for disability benefits if your vision problems or other health issues prevent you from working.
There are special rules for people who are blind to account for the significant impact blindness has on the ability to work.
For example, the earning amount set up for blind individuals is usually a bit greater than the limit for non-blind workers who suffer from disabilities.
In 2024, the monthly earnings limit for people who are blind is $2,590. However, throughout the process, a disability attorney in Florida can help you deal with the situation.
If you’re like most people, there are parts of the year 2020 you’d like to forget—you know, the weeks and months when the world ground to a stop. The appearance and subsequent spread of the COVID-19 virus upended the lives of everyone around the globe.
Some individuals were fortunate and either didn’t catch the virus or are asymptomatic. Unfortunately, some people lost their lives, while others out there are still dealing with long-term effects.
Did you know an estimated 2.1 million Canadians are living with long COVID? So, what is long-term COVID, and does it qualify as a disability? In other words, can you qualify for long-term disability insurance if you’re diagnosed with long COVID?
The novel coronavirus, also known as COVID-19 or simply COVID, shares some traits with the flu. Both are highly contagious respiratory illnesses but are caused by different viruses.
While the flu or influenza virus is well documented throughout history, COVID is different. The virus hasn’t been present in humans until late 2019 and early 2020, making COVID a new contagious illness that took all medical professionals by surprise.
As mentioned earlier, COVID-19 shares some traits with the flu. The similarities between COVID and other respiratory infections can make diagnosis difficult in the early stages without testing.
Some common symptoms of COVID include:
After being exposed to COVID, it can take up to 14 days for symptoms to appear. However, even if you’re not exhibiting any symptoms, you may still be able to spread the virus to others.
COVID-19 can be an issue for anyone. Yes, some individuals can be either asymptomatic, meaning they don’t exhibit any symptoms, or immune to the virus. Why are some people immune to COVID? Research is still ongoing, though scientists hope the answer can help prevent future outbreaks regardless of someone’s vaccination status.
Even though pretty much everyone can come down with COVID-19, some individuals are at a higher risk than others. These include anyone with a weakened immune system or an underlying medical condition like diabetes, high blood pressure, or cancer.
Adults over the age of 50 are also considered to be at a higher risk—however, don’t panic if this applies to your age. Health and lifestyle also play a role in your risk factors. If you’re concerned about your risk, talk to your primary care provider about staying safe.
Just imagine if the symptoms associated with COVID-19 became a part of your daily life. You have a cough that never goes away and are always feeling fatigued and short of breath, even walking down the stairs at home can leave you exhausted and struggling to breathe. So, how are you supposed to return to work while dealing with long COVID?
Thankfully, you may be able to turn to your long-term disability insurance coverage. Yes, some long-term disability insurance policies may cover your loss of income while you’re learning how to manage long COVID.
Long-term disability insurance doesn’t only kick in when your injuries from an accident are keeping you from returning to work. The insurance also covers other types of health conditions like a mental disorder and long-term COVID-19.
Since the recent global pandemic, the number of people experiencing depression and anxiety is also increasing. Overall, the pandemic has hurt the mental and physical health of millions in Canada and around the world.
If you’re ready to apply for long-term disability benefits relating to your experience with long COVID, there are a few steps you need to follow to help ensure your claim is processed and approved.
When you’re diagnosed with long-term COVID-19, you don’t want to wait to file a claim. The approval process takes time, sometimes up to four months. You’ll need to submit three forms to hopefully receive long-term disability insurance benefits.
To receive financial benefits, you need to prove you’re employed. In other words, you can’t submit only a few pay stubs and a written description of your job—instead, your employer must fill out a form.
The form requests information on your salary, your length of employment, your last work date, and if there are any modified positions at the company. A modified position can accommodate your disability.
Your employer will also need to list your job description and duties, and this includes describing your position’s physical and cognitive demands.
As the employee, this is a form you fill out. Most of the requested information is fairly basic like your address, date of birth, job title, your last day at work, and a detailed description of your mental or physical condition. Remember, long-term disability insurance can cover mental disorders like depression or anxiety.
As you’re describing your condition, don’t be afraid to go into detail. This is one of those times when you can’t provide too many details. Describe how the condition is negatively impacting your life. You should also expect a phone call from the insurance adjuster. They will probably have additional questions about your disability’s impact on your life.
Along with you and your employer, your attending physician also needs to file out a form. Your physician will describe your condition and provide supporting evidence, like test results and even reports from specialists.
When it comes to mental disorders, your physician will need to go into detail about your condition, which will include describing how your condition is preventing you from returning to work.
Sometimes, long-term disability insurance providers deny claims. If this happens to you, don’t give up. You can dispute the insurance company’s ruling, and this is when it’s best to have an experienced attorney on your side.
Your attorney is familiar with the claim process and can help ensure your long-term disability claim is approved, giving you a better chance of securing the benefits you deserve.
Understanding the intricacies of disability benefits through Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) can be daunting. While SSDI caters to those with a work history facing disabilities, SSI focuses on individuals in financial need due to age, disability, or blindness—irrespective of their work credits.
Changes in disability laws significantly influence how claims for these benefits are processed and maintained. This article sheds light on what SSDI and SSI claims involve and explores various ways these legal adjustments impact applicants and recipients.
In the USA, Social Security Disability Insurance (SSDI) is a program designed for individuals who have worked and paid into Social Security but are now unable to work due to a disability.
Eligibility hinges on both the nature of the disability, which must align with the Social Security Administration's (SSA) strict definitions, and on having accumulated sufficient work credits based on previous employment.
Essentially, SSDI serves as a financial safety net for those whose careers have been unfortunately cut short by serious health issues.
Supplemental Security Income (SSI) is distinct from SSDI as it aids individuals who are disabled, blind, or aged 65 and older and have limited income and resources. Unlike SSDI, SSI does not require a work history but focuses on providing financial assistance based purely on need.
Managed by the Social Security Administration, this federal program ensures that its beneficiaries can meet basic needs for food, clothing, and shelter by supplementing their income to a minimum level of financial support.
Recent amendments in disability laws have introduced stricter evaluation procedures for determining eligibility for both SSI and SSDI claims. This legislative change aims to ensure that benefits are extended only to those truly in need, yet it also raises the bar for qualifying.
Applicants now face more comprehensive medical reviews and must present evidence that aligns closely with updated federal guidelines.
For current beneficiaries, these changes mean undergoing periodic review processes that assess ongoing disability status, directly influencing the stability of support from SSI and SSDI programs.
Such stringent measures emphasize precision. However, they could also impact claim approval rates.
A notable shift in disability laws pertains to the duration for which SSDI and SSI benefits are granted.
Previously, individuals could expect relatively long-term or even permanent support depending on the severity of their disability. However, new regulations mandate more frequent reassessments of an individual’s condition, potentially shortening the span of financial aid provided.
This change seeks to adapt to benefits dynamically as people's conditions improve or deteriorate. While it allows for a more responsive system that can update with individuals' changing needs, it also introduces uncertainty for beneficiaries who must prepare for periodic evaluations that could alter their benefit status abruptly.
Ultimately, this continuous monitoring ensures efficient use of resources but it also poses challenges for long-term financial planning by recipients.
In an effort to improve efficiency, recent updates in disability laws have emphasized the integration of advanced technology into the processing of SSI and SSDI claims.
Digitization initiatives have aimed at reducing the backlog of applications and speeding up decision times.
Applicants now benefit from online submission portals which provide real-time updates on claim status and necessary documentation, simplifying interactions with the Social Security Administration.
Moreover, electronic health records are leveraged more effectively to verify medical conditions without redundant paperwork or delays.
This technological shift not only quickens the review process but also enhances transparency, allowing claimants to navigate their application journey with clearer insights and less stress about administrative burdens.
As we have discussed, the landscape of SSDI and SSI claims is continuously evolving due to legislative updates. These changes are designed to refine the system, ensuring that aid reaches those most in need while maintaining a sustainable model for future beneficiaries.
Here is a concise look at the key impacts these laws have on disability claims:
· Stricter Eligibility Criteria. Enhanced evaluation processes have been instituted to confirm claimant qualifications rigorously.
· Adjusted Benefit Duration. Laws now mandate more frequent reassessments, affecting how long individuals can receive benefits.
· Technological Advancements. The adoption of digital tools has streamlined the application process, improving transparency and efficiency.
For current and prospective claimants, staying informed about these changes is crucial in navigating the complexities of SSDI and SSI effectively.
Andy Riddle provides a comprehensive guide to this process, also delving into the now common problems that Child Trust Fund holders are facing when it comes to accessing their contents.
The Mental Capacity Act 2005 (which actually came into force in 2007) helps make sure that people who may lack capacity to make decisions on their own get the support they need to make those decisions. Where they are not able to make their own decision, the Act says a decision must be made that is in their ‘best interests’.
The Act is a law that protects vulnerable adults around decision-making. It says that every adult, whatever their disability, has the right to make their own decisions wherever possible. People should always support a person to make their own decisions if they can. This might mean giving them information in a format that they can understand, or explaining something in a different way. But if a decision is too big or complicated for a person to make, even with appropriate information and support, then people supporting them must make a ‘best interests’ decision for them.
Once a child attains the age of 18 representing adulthood, their parents, family members, friends and other close ones will no longer have any legal authority over that person’s health and welfare or property and financial affairs. If they have been deemed to lack capacity around these two aspects of their lives (and thus unable to instruct when it comes to setting up a lasting power of attorney), then a loved one will need to apply to the Court of Protection to become their deputy/s for either or possibly both aspects of the disabled person’s life.
For parents that have raised their severely disabled child since birth, this may come as a major shock when they visit their local hospital or GP after their child has turned 18, only to be asked if they have a health and welfare lasting power of attorney in place for their child. With the answer invariably being no, the consultant or GP will then inform them that they sadly no longer have any legal authority when it comes to the health and welfare of their child. In this scenario, any healthcare professional will always make any such decision in the best interests of the disabled young adult.
Once a child attains the age of 18 representing adulthood, their parents, family members, friends and other close ones will no longer have any legal authority over that person’s health and welfare or property and financial affairs.
However, what happens if a parent has a different view from that of the healthcare professional? This is when the Court of Protection is likely to be required in respect of a deputyship order for health and welfare.
If there is any doubt as to a person’s capacity to make a certain decision or carry out an act, then some form of an official capacity assessment should be undertaken. For the purposes of the Court of Protection, a COP3 assessment of capacity is required for either a property and financial affairs application or a health and welfare application – or both. Such assessments can be conducted by any of the following professions:
The person in question would need to demonstrate that they are capable of understanding, retaining, using and weighing the relevant information to hand when it comes to making the specific decision in their own best interests.
Basically, if the youth in question has been deemed to lack capacity for the specific decision or act required, they will require a deputy to undertake this role for them.
The five main principles of the Mental Capacity Act that always need to be considered and taken into account:
As a parent or carer, supporting a young person who lacks capacity to make financial decisions is challenging at the best of times. These challenges are amplified when a child is transitioning from a minor to an adult. In particular, once a young person enters adulthood, you must decide if it is appropriate for you to continue to make financial decisions on their behalf, and follow the rules in place to allow you to do so. In summary, there are three ways you may legally manage a young person’s financial affairs:
When a child or young person transitions to adulthood, new principles also apply to health and welfare decisions – including decisions about care – made on their behalf. Again, this is a particularly challenging time due to the fact that the young adult, on attaining adulthood, will now come under adult social care and not children’s social care. There will also likely be moves to different hospitals, different integrated care boards, different doctors – all as of the result of becoming an adult. These moves should not be underestimated when it comes to the work involved and the affect it may have on the young adult (and their parent/carer).
As a parent or carer, supporting a young person who lacks capacity to make financial decisions is challenging at the best of times.
Under the Labour government, any child born between 2002 and 2011 was eligible to receive at least £250 in a savings pot, which they could access as soon as they turned 18. These were called Child Trust Funds. The policy was designed to enable parents to put away funds which would then be released to their child upon attaining adulthood.
However, in cases involving children who lack the capacity to manage their property and affairs, upon reaching the age of 18, an application must be made to the Court of Protection for the funds to be released. Thus, many parents find themselves having to apply to the Court of Protection in order to be able to access these funds. The bureaucracy, delays, cost (mental capacity assessment fees, court fees and professional fees) and overall legal implications can be a real disincentive for parents.
Children who lack capacity were particularly affected, with an estimated 200,000 having to rely on their families to go through a lengthy, often costly court process to access their savings. An average account contains £1,900. If a family were to use a professional (on top of any mental capacity assessment fees and court fees) to submit the application for them, it is highly likely that this would not be a cost-effective option, and that the aforementioned £1,900 would more or less be utilised.
They have, thankfully.
Firstly, parents or guardians of children who lack mental capacity can ask for court fees of £371 to be waived when seeking access to a CTF. However, it must be noted that if the application to the court also involves any other assets or income, then this will fall under the remit of a ‘standard’ deputyship application, and any associated court fees will more than likely be payable. Parents and guardians who apply to the court before their child’s 18th birthday already do not pay fees, unless the child has other substantial assets. The Ministry of Justice and HM Treasury are working closely with trust fund providers to ensure that parents are aware of this and can take necessary steps.
Secondly, the government has made the process of applying to the Court of Protection to access such funds more streamlined, with simpler forms and further guidance provided.
Thirdly, a small payments scheme was proposed by the government in November 2021 to try and help families access CTFs in small amounts. However, this has not been implemented due to the Mental Capacity Act, a groundbreaking piece of legislation which was introduced after CTFs, which protects the person who lacks capacity against fraud and abuse.
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Fourthly, the Court of Protection has introduced an online portal to receive applications for the appointment of property and financial affairs deputies with the hope that this will reduce their current timescales of 12-18 months. The Court of Protection has also advised that it has aimed to simplify the application process for those requiring an order of this nature. This may provide some assistance to those families needing to apply to the Court of Protection to access their child’s CTF.
It really is all about pre-planning prior to that crucial transitional period where a minor transitions to an adult.
There are a great number of professionals working within this field who are very aware of this major issue which parents and guardians are facing. As a result, a number of these professionals have greatly reduced their usual fees for such applications or for such mental capacity assessments. For example, we as a firm have reduced our usual fees by half for such applications, whilst a number of independent mental capacity assessors or social workers that we usually commission have also reduced their fees greatly when it comes to the required mental capacity assessment for the court. These reductions, along with the usual court fee not being required to pay, make a real difference when it comes to cost for parents and are a great example of professionals working together for the greater good.
It is thought that by 2029, all the CTFs will have matured and significant amounts of funds will be locked away in the CTF accounts.
I would also advise to shop around and simply do your research. There are options out there for parents facing these issues, and there are also providers who are sympathetic to your cause.
Lastly a toolkit has been issued to raise awareness of the Mental Capacity Act when it comes to managing the financial affairs of young adults who may not have the required capacity to do this themselves. This is aimed at families, parents and carers of young adults, and can be found on the UK government website.
Having worked closely with a significant number of families over the past 12 years who have severely disabled children, I am acutely aware of the challenges they face on a daily basis. With their child transitioning from a minor to an adult, this is a further major obstacle that they need to overcome. However, with the right planning and preparation the potential for things to go wrong can be minimised to a degree (albeit never fully erased) when facing such legal obstacles. My top tips for parents looking to navigate these obstacles are as follows.
As mentioned above, it really is all about the pre-planning and preparation during this time of transition. Thus, I would advise parents to get a start on matters when their child is 16 or 17 in looking to ‘get ahead of the curve’ once their child turns 18. Again, the number of parents out there that are simply not aware of the legal implications once their disabled child attains adulthood is very worrying. It is up to organisations like mine and fellow colleagues’ to push and promote this message at every opportunity we get. The government also has a big part to play here, and published toolkits like the one mentioned above are a fantastic start and resource.
There are options out there for parents facing these issues, and there are also providers who are sympathetic to your cause.
Second, use a professional who has the requisite skill set, background and experience when it comes to the Court of Protection, especially when it comes to health and welfare applications, which are notoriously hard to get by the court. Such applications are not cheap, require a lot of hard work (from both the family and the professional) and are time-consuming ,and lastly there is so much riding on them – thus any family really needs to give themselves the best opportunity of getting these applications approved at the first shot.
Finally, do your research in looking to identify charities and support organisations that may specialise in your child’s condition. There are a great number of such organisations out there that offer a wealth of support when it comes to areas around emotional support, legal advice, practical advice, social gatherings, networking, research findings etc.
One such organisation is Rett UK, who we have been working with for some time now. Rett syndrome is a rare neurological disorder affecting mainly females and very few males. People with Rett syndrome have profound and multiple physical and communication disabilities and are totally reliant on others for support throughout their lives. Our partnership with Rett UK has brought me personally so much joy, and it really is a pleasure to work with these families who it must be said I admire greatly after seeing the daily challenges they face.
Andrew Riddle, Managing Director
Central House, 1 Ballards Lane, Finchley, London N3 1LQ, UK
Tel: +44 02030 115586 | +44 07747 800221
Andy Riddle is a CIPFA (Chartered Institute of Public Finance & Accountancy) qualified accountant and a PRINCE2 (PRojects In Controlled Environments) practitioner. With more than 20 years’ worth of experience in the field of managing vulnerable clients’ fund and assets, Andy has a passion for the adult social care sector and knows a great deal about the workings of private client practices, all of which he has brought to bear in establishing Professional Deputies in 2011.
Professional Deputies manage the property and financial affairs of adults who are deemed mentally incapable of doing so themselves and have no close ones able to perform the task. The team uses appointeeships, deputyships and lasting powers of attorney to safeguard the assets of these vulnerable members of society, and also aid in drafting applications to the Court of Protection.
Brad Andringa, an experienced veterans’ disability attorney, shares more about veterans’ disability benefits and their underlying legislation in this feature.
Veterans’ disability law plays a vital role in ensuring that those who served their country receive the benefits and support they deserve. This body of law aims to provide compensation and support to veterans who have suffered disabilities as a result of their military service.
The key legislation that forms the basis of veterans’ disability law in the United States is the Veterans Benefits Act of 1957, which established the Department of Veterans Affairs (VA) and created a system to provide disability benefits to eligible veterans. Over the years, additional laws have been passed to expand and refine the benefits available to disabled veterans.
The VA operates the Veterans Benefits Administration (VBA), which is responsible for evaluating disability claims and determining eligibility for compensation and other benefits. To qualify for disability benefits, a veteran must demonstrate that their disability or medical condition is service-connected, meaning it was caused or aggravated by their military service.
Service connection in veterans’ disability benefits refers to the link established between a veteran's current medical condition or disability and their military service. It is a critical requirement for veterans seeking compensation and healthcare benefits from the VA. Service connection recognises that a veteran's disability or illness is a result of an injury, disease, or event that occurred during their active duty, active duty for training, or inactive duty for training.
Veterans separate from military service with a myriad of issues that can be immediate, including disabilities such as loss of limbs or injuries from combat. However, disabilities can also arise decades later after veterans experience harmful exposures during military service, including herbicides such as Agent Orange; burn pits; contaminated water at Camp Lejeune, NC; asbestos on Naval ships; ionising radiation; and firefighting foams commonly known as aqueous film-forming foam (AFFF).
Service connection recognises that a veteran's disability or illness is a result of an injury, disease, or event that occurred during their active duty, active duty for training, or inactive duty for training.
Agent Orange was a herbicide widely used by the US military during the Vietnam War. It contained a toxic chemical called dioxin, which has been linked to various health conditions. Recognising the adverse effects of Agent Orange exposure, Congress has passed several laws to provide benefits and medical care to veterans who were exposed to this herbicide. The VA operates on a ‘presumption of service connection’ for certain health conditions associated with Agent Orange exposure. This means that if a veteran served in Vietnam or in certain other locations during specific periods and develops any of the designated conditions, they are presumed to be related to their military service. Some of the recognised conditions include type 2 diabetes, certain types of cancers (e.g. prostate cancer, lung cancer), Parkinson's disease and ischemic heart disease.
In 2022, Congress passed the Sergeant First Class Health Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, adding more than 20 presumptive disabilities for Agent Orange, burn pits and other toxic exposures. The PACT Act is perhaps the largest healthcare and benefits expansion in VA history.
The most common disabilities we encounter are mental health conditions including depression, anxiety and post-traumatic stress (PTSD). Mental health conditions can be directly related to stressful or traumatic events during military service, or as a result of an already service-connected physical disability. Secondary service connection is a concept within veterans’ disability law that allows veterans to receive compensation for disabilities that are not directly caused by their military service but are linked to a service-connected condition. For example, veterans are often limited in their activities of daily living due to pain, which can have a dramatic effect on veterans’ mental health. Also, common side effects of an in-service traumatic brain injury (TBI) include behavioural and cognitive changes, which are often separately rated as mental health conditions.
One of the unique aspects of veterans’ disability law is the veteran-friendly burden of proof: ‘at least as likely as not’ (50/50). Although veterans bear the burden of proof, when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a claim, the VA must afford the benefit of the doubt to the veteran.
The most common disabilities we encounter are mental health conditions including depression, anxiety and post-traumatic stress (PTSD).
Once the veteran provides evidence sufficient to satisfy the elements for service connection, the VA must grant service connection and assign a disability rating and effective date. The VA assigns a disability rating to each eligible condition, ranging from 0% to 100% in increments of 10%. The rating reflects the severity of the disability and determines the amount of compensation the veteran will receive. Higher ratings indicate more significant disabilities. The amount of compensation is based on the veteran's disability rating. The VA provides a chart that specifies the monthly payment rates corresponding to each rating. As of 2023, the rates start at around $166 per month for a 10% disability rating and approximately $3,621 per month for a 100% disability rating.
Veterans who are unable to secure substantial employment due to their service-connected disabilities may be eligible for individual unemployability benefits. This program provides compensation at the 100% rate, even if the veteran's disability rating is below that level.
Lastly, the VA must determine the effective date of an award – the starting point from which the VA calculates the payment of disability benefits. The effective date is of great significance because it plays a crucial role in determining the amount of retroactive benefits a veteran may receive. Retroactive benefits are the payments that cover the period from the effective date to the date of the award decision. If a veteran's effective date is established several years before the date of the award decision, they may be entitled to a significant amount of retroactive benefits.
Under current VA law, attorney fees may be charged on an hourly basis, flat fee, or contingent fee basis, or a combination of all three. However, contingency fees are most common because many veterans and their families are unable to pay for legal services up front. Also, with the length of time disability claims take to resolve, it is not practical to charge on an hourly basis. The VA’s regulations provide that fees which do not exceed 20% of any past-due benefits awarded shall be presumed to be reasonable, and fees exceeding 33.3% of any past-due benefits awarded shall be presumed unreasonable. It can take the VA more than a year to review an attorney fee for reasonableness, so many attorneys charge a contingency fee for 20% of past-due benefits to avoid delayed payment.
There are also limitations on when attorneys may charge a fee – once the VA makes an initial decision, only then may a fee be charged for services provided. In practice, the most desirable cases have had a decision in the last 12 months, because the time limit to appeal a VA decision is one year. Veterans may pursue VA claims forever so long as an appeal is filed within one year of the previous decision. This is where our services come into play. We are often able to save veterans years off their cases by being intentional with the appeals we file and developing the necessary evidence.
Once the VA makes an initial decision, only then may a fee be charged for services provided.
When we take a new case, we explain that there our representation is really broken down into two parts: 1) we develop the evidence and argument to satisfy the VA’s requirements for benefits and 2) we navigate the bureaucracy of administrative law at the VA level. It can be immensely frustrating to present the perfect evidence and argument only for the VA to continuously deny a claim for reasons that cannot be found anywhere in the VA’s own regulations. Therefore, it is a constant battle to move through the VA’s appeal process as efficiently as possible to reach a favourable outcome. Even when the VA grants service connection for a claimed disability, the assigned disability ratings and effective dates are often incorrect, which requires additional appeals.
In 2019, the VA enacted the Appeals Modernization Act (AMA), which is an appeal process intended to provide veterans with a more streamlined and efficient way to appeal disability claims decisions. Here is a summary of the key steps involved in the AMA appeal process:
The number one complaint we hear about veterans’ disability benefits from clients and other representatives is the length of time the VA takes to decide claims. The VA reports that their goal is to decide Supplemental Claim and Higher-Level Review appeals in 125 days on average. For a decision from the BVA, the VA’s goal is to decide cases in 365 days, or longer if a veteran requests a hearing or to submit additional evidence.
Although the VA typically issues Higher-Level Review decisions in fewer than 125 days, the other appeal options usually take a lot longer than projected. When explaining the appeal options to our clients, we generally project anywhere from two months to a year for a Supplemental Claim and at least two years for a decision from a Veterans Law Judge.
Many clients still have claims that are moving through the VA’s older legacy appeal process. The VA’s website reports that when a veteran requests review from a Veterans Law Judge at the BVA, it could take five to seven years to get a decision.
In practice, it is difficult to explain these wait times to a new client, and it is even harder to explain as the years tick by and their disabilities worsen, the medical bills pile up and their ability to maintain full-time employment diminishes. We also explain that this is the only way to obtain veterans disability benefits from the VA, and it is in the VA’s best interest if we give up and stop fighting.
Our goal is to take on the stress and frustration of pursuing veterans disability compensation benefits. I remind our clients that we have a shared interest in ensuring their cases are decided as favourably and quickly as possible. We never want our clients to think that we have any part in how long the appeal process takes, so like any other practice area, it is helpful to provide regular updates and maintain open lines of communication. I have also learned that managing expectations is a process and not something that can be done once at the outset of representation.
Many clients still have claims that are moving through the VA’s older legacy appeal process.
I realise that we can never fully understand what is like to be in our clients’ shoes, but it is important that we listen and try to understand. Empathy may be the most important attribute for success in this field. But without establishing healthy boundaries, it can also lead to burnout very quickly.
Unfortunately, we are representing more and more surviving spouses of deceased veterans. In certain cases, dependents of disabled veterans or surviving spouses and children of deceased veterans may be eligible for additional benefits, such as Dependency and Indemnity Compensation (DIC) or the Survivors' and Dependents' Educational Assistance (DEA) program. Surviving spouses may also be entitled to substitution benefits which are provided to compensate the spouse of a deceased veteran for the loss of the veteran’s disability benefits. By substituting into a claim, the surviving spouse is able to pursue pending claims at the time of the veteran’s passing.
About Brad Andringa
For as long as I can remember, I always wanted to be a lawyer. My father was a state trial court judge, and my mother was a prosecutor, both in Pinellas County, Florida. I also had two brothers growing up – one was a lawyer and the other was a helicopter pilot in the Army. I wanted to be just like my brothers. I followed their footsteps and went to Florida State University and earned an undergraduate degree in economics. Then I attended the University of Dayton School of Law. When I graduated law school, I honestly did not have any idea what I wanted to do, but I needed a job. When Horenstein, Nicholson & Blumenthal, LPA interviewed me for the veterans’ disability position, it clicked. I immediately got along with the partners of the firm, and they were incredible mentors.
When I graduated, I thought my two options were transactional or litigation work. But veterans’ disability law requires so many of the skills taught in law school. We speak with clients, doctors and adjudicators. We also draft briefs, memoranda and letters. We review medical records and conduct legal research. I love that we get to do a little bit of everything to help our clients obtain the disability benefits they are entitled to.
Brad Andringa, Attorney
Horenstein, Nicholson & Blumenthal, LPA (HNB Law)
124 East 3rd Street Fifth Floor, Dayton, OH 45402, USA
Tel: +1 888-281-5930
Brad Andringa has been an attorney at HNB law for more than five years, drawn by the firm’s commitment to professionalism and working compassionately with clients. His practice focuses on veterans’ disability benefits, drawing from a versatile background of experience in the public, private and non-profit sectors.
HNB Law is an injury, employment and disability law firm based in Ohio. Its team covers a range of practice areas including Social Security, veterans’ disability, personal injury, workers’ compensation and employment law matters.
