Without a doubt, this is a question that nearly every applicant for Social Security disability or SSI disability benefits asks. Unfortunately, there are no concrete answers to this question, for several reasons.
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Aug 21, 2012 Getting Your VA Claim Processed – The Simple Truths. We have a duty to assist the veteran in finding evidence, but it can take a lot longer. If you do not at least tell them where the evidence is, it becomes much harder to find and less likely VA will be able to obtain it and grant your claim. On average, VA spends 175 days per claim. Taking the current 120 day national average for VA to process a disability claim and subtracting the average waiting time of 15 - 45 days to get a comp exam with the VA (according to VA's Access.
Seriousness of Impairments VariesFirst of all, not every one's disability case is the same. Some individuals will present medical impairments on their disability applications that will immediately stand out as obvious approvals (though this happens in only a small percentage of cases). Examples of clear cut cases include,. Doctors' Offices Can Be SlowThe amount of time it takes a claimant's doctors to supply a disability examiner with requested records varies.
In most cases, a disability examiner will send out requests for medical records on the same day they receive the claimant's case file, but the amount of time it takes to 'get the records in' will largely influence the amount of time it takes to process a claim. Fortunately, Social Security is partnering with large HMOs like Kaiser Permanente to arrange for the electronic transfer of records, which should help eliminate the delays caused by waiting for medical records. Disability Claims Examiners Are BusyAnother factor that may influence how long it takes to get a disability claim approved is who the case is assigned to. If a claimant's SSI or Social Security disability case is assigned to a disability examiner who only has one hundred cases in their caseload, the claimant will most likely get a quicker answer than if their case had been assigned to an examiner struggling under the weight of three hundred cases (and some examiners do have this many cases on which to work).Obviously, these are factors that are largely beyond the control of an individual applying for disability benefits. But, even so, a claimant can still strive to influence how long it takes to get a decision on a claim, and, hopefully, get their disability approved.
How Can a Claim Be Expedited?Provide complete and detailed information. First of all, a claimant for Social Security disability and/or SSI benefits should indicate all of their medical treatment sources on their disability application.
This means the names of doctors who provided treatment, the addresses of treatment facilities (hospitals, doctor's offices, etc), and the dates of treatment. Doing so will provide a detailed roadmap for a disability claims examiner to follow and will certainly make it much easier for the examiner to gather as much supportive documentation as possible.Submit medical records along with the initial application.
Secondly, a claimant, whenever possible, should obtain their medical records personally and submit them with their application. Of course, due to a variety of different issues, this may be easier said than done. (Some doctors are reluctant to give you medical records, and some hospitals may try to charge a high fee for copying medical records. But in, medical providers can't charge for copying medical records used to apply for disability.) However, for those who are able to accomplish this, submitting a disability application WITH the medical records attached may literally shave months off the amount of time it ordinarily takes to process a claim. In particular for those whose claims are strong, it can dramatically reduce the length of time it takes to get disability approved.Ask Social Security about its fast-track programs.
If you have a serious illness that's listed on the compassionate allowance list, a terminal illness, or one that qualifies for presumptive disability benefits, Social Security will expedite the processing of your claim. For more information, see our section on.Of course, if you're initial application is denied, it can take up to a year or two to successfully appeal.
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If you’ve been approved for service-connected disability benefits from the United States Department of Veterans Affairs (VA), the agency will assign a disability rating that specifies the seriousness of your condition. You can be given, and this percentage is associated with a certain monetary amount you’ll receive for the disability. Even if you’re assigned a 0 percent rating, the VA still acknowledges that the service-connected condition exists, but it doesn't affect your ability to hold a job or function on a daily basis.Additionally, a 0 percent rating can increase your healthcare eligibility, and if your condition worsens in the future, you can file to instead of starting the application process over. To receive VA benefits, you don’t have to be completely disabled; however, your condition must have a 10 percent rating to receive financial compensation.
Making the Case for a Rating IncreaseThere may come a point after you’ve received VA benefits for a period of time that your disability begins to worsen. You may experience greater pain, suffer broader or more challenging symptoms, or find that your day-to-day functioning has decreased. You may even find that it’s.
If this happens, you may feel that the percentage rating you were assigned when your claim was first approved is no longer high enough to represent the deterioration and regression in your health due to your disability. Ultimately, you may want to ask the VA for a rating increase.The process for making this request isn’t difficult. However, the outcome of this request may not be exactly what you expect or intend. It’s possible that making a request for this change can actually lower your disability rating. Thus, it’s helpful to hire a lawyer who can explain why a request for an increase can mean a higher rating without an increase in financial compensation and why it can ultimately decrease your percentage rating. Why Your Rating and Benefits Could DecreaseBefore you ask for an increase in your VA rating, be sure you’re making the request strictly because you believe your disability has become worse.
You shouldn’t request an increase if:. You need more money to keep up with the cost of living,.
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You have additional financial responsibilities,. You are suffering sudden financial hardshipsThe VA won’t award an increase for these reasons. But if you believe your condition has truly deteriorated, you can complete and file a form 21-526b, Veteran's Supplemental Claim for Compensation or a form 21-526EZ to the VA Regional Office (VARO) stating why you believe the increase is proper and appropriate along with medical evidence that supports the worsening state of your disability.It seems logical that if you’re awarded a higher disability rating, you will receive a larger monthly check from the VA. However, the process doesn’t always work that way.
It’s possible that a small increase added to your rating will have little impact on the amount of your compensation.For example, if your rating is already at 60 percent, an increase of 10 percent may not impact the bottom line. The VA uses complicated formulas and combined ratings tables to decide the percentage. Thus, an attorney experienced in VA disability benefits can help determine if you’re likely to receive an increased rating and an increase in financial compensation.When the VA receives your claim, the agency will review your entire file. This means your initial rating will be re-evaluated and all of your medical records scrutinized.
This can have a positive or negative outcome. Based on the new medical evidence you provide about your condition. If they don’t see deterioration and, instead, see improvement in your current disability, the VA may reduce your benefits.
Here’s How Your Request to Change VA Disability Rating WorksAt any time, the VA can re-examine your claim, and the agency can reduce or terminate your benefits under some specific circumstances. Most often, however, the VA won’t do this before and until you appear for a reexamination. When you request an increase in your VA disability rating, you are in effect opening up your claim for re-evaluation.
In general, here are some basic guidelines the VA uses when determining changes in your benefits:. If you’ve had your service-connected disability rating for over five years, the VA has to prove that your illness or disease has improved in a consistent way before reducing or terminating your rating. If you’ve had your disability for 10 years or more, the VA will not likely terminate your benefits unless the agency can prove that you’ve been fraudulent in your claim. It can, however, reduce your benefits.
If you’ve had your disability for 20 years, the VA won’t reduce your rating below the lowest rating you’ve received in those 20 years.To reduce your disability rating, the VA must have specific evidence that your condition has improved. The responsibility of proof is on the VA. However, it’s important to be diligent in protecting your rating. It’s important never to miss a reexamination appointment because the VA can reduce or terminate your rating without warning because of this. Our VA Disability Lawyers Are Here to HelpWhen your has worsened and you want to request a rating increase, contact at (402) 933-5405. We can help you with your request to ensure you get the fairest possible rating. Call us to schedule a case evaluation to discuss your specific situation.Related Links:.