Gulf War Presumptive Conditions

POSTED BY admin . April 18, 2018

Many Gulf War veterans across the U.S. have faced numerous health issues that have been called Gulf War Illness or Gulf War Syndrome. These conditions cause chronic fatigue, migraine headaches, joint pain, respiratory issues, memory recall problems, insomnia and dizziness.

Because of the widespread effect of these symptoms, the VA has established a policy for presumptive conditions that eliminate the need for a Gulf War Veteran to prove a connection between their military service and illnesses if the symptoms last for six months or longer. The VA will presume the problems are related to the Gulf War service time regardless of the cause.

What conditions does this include?

  • Chronic Fatigue Syndrome – long-term, severe fatigue that is not remedied with rest and is not caused by another existing condition.
  • Fibromyalgia – widespread muscle pain that causes insomnia, stiffness, headaches and problems with memory.
  • Functional Gastrointestinal Disorders – chronic or continuing problems with any area of the gastrointestinal tract and can include irritable bowel syndrome (IBS), functional dyspepsia and functional abdominal pain syndrome.
  • Undiagnosed illnesses – conditions can include a wide array of problems such as abnormal weight loss, cardiovascular disease, neurological and psychological issues, rash or other skin problem, muscle and joint pain, menstrual disorder, respiratory disorders, fatigue, headaches and sleep problems.

What constitutes Gulf War service?

The Gulf War encompasses active military duty in the Southwest Asia Theater starting with the first Gulf War in August 1990 and including Operation Iraqi Freedom 2003 – 2010 and Operation New Dawn 2010 – 2011. The geographical locations of service include: Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the waters of the Persian Gulf, the Arabian Sea and the Red Sea and the airspace above these locations.

The attorneys at Jan Dils find great satisfaction in assisting veterans with their benefits. If you need help filing for presumptive VA benefits or appealing a claim related to presumptive conditions from the Gulf War, do not hesitate to call to schedule a free consultation.

Best Chance of Approval is with a Social Security Lawyer

POSTED BY admin . August 14, 2015

Social Security Benefits LawyerThe social security disability program exists to help people in dire need of a financial respite, but the process of obtaining this respite can often prove to be a frustrating experience, with the stack of paperwork involved and the prolonged waiting period. The process gets even more exasperating if the application is not approved at the initial stage, leading to a lengthy appeal procedure.

Usually, consulting a social security disability lawyer prior to applying for benefits offers a couple of advantages to the applicant and increases the odds of having the claim approved at the first instance. The lawyer is already well-versed in the complexities and requirements of the system, so he or she can offer some useful advice on what to include or what not to do every step of the way.

The process of claiming social security disability benefits can sometimes be confusing and tediously long, even taking years to receive the entitled benefit. With a social security lawyer, this time may be significantly lessened so that you can begin enjoying your payouts as soon as possible.

Sometimes, an application may be denied due to some errors on the part of the applicant. For example, if there are conflicting reports concerning your disability between your claim and your medical histories, the Social Security Administration (SSA) may reject your application. Having a disability lawyer guide you during your application significantly reduces the chances of these inconsistencies happening.

Statistics suggest that an estimated 70% of social security disability claims are denied after the first application, so if your claim has been rejected, take solace in the fact that you are not alone. Usually after a claim rejection, the matter can be protested and appealed before an Administrative Law Judge. This is another avenue where the services of a lawyer will be greatly needed.

The lawyer will help plead the case on your behalf, sparing no effort in making sure you get the benefits you deserve. You can always represent yourself at the hearing, but if you don’t have adequate experience in social security insurance and legal proceedings, why take the risk?

If you are about to file your claim, or recently had your application denied, dedicated lawyers in Charleston, like Jan Dils, are committed to fighting for you and helping you receive your entitlements. Jan Dils, Attorneys at Law offers a convenient consultation process where you can discuss the details of your case over the phone so you don’t have to leave your home.

 

Source:

Frequently Asked Questions. Official Social Security Website

How do I apply for Social Security disability benefits?

Eligibility for Social Security Disability Benefits. NOLO

Disability Claim Denied? Call a Social Security Disability Lawyer ASAP

POSTED BY admin . August 10, 2015

Social SecurityWest Virginians who apply for social security disability are often faced with a rather expensive lifestyle and a number of potentially unpleasant decisions, should their applications be denied. The first is usually to contemplate giving up, or face the grueling task of starting all over again. If you’re currently battling this dilemma, there is a third option, which is more favorable and presents a higher chance of success.

If, for some reason, your application has been rejected, a practical alternative would be to get in touch with a social security disability lawyer immediately. From 2016, the insurance program for social security disability will only be able to pay out about 81% of the statutory benefits, unless an intervention is enacted by the U.S. Congress to replenish the fund. If that doesn’t happen soon, a lawyer may be your only hope of getting your application approved and receiving benefits.

Statistically, most social security disability claims are denied at the initial stage of application, but sometimes, the fault may not necessarily reside with the Social Security Administration (SSA). Rather, it may be due to some errors or neglected details in your application. Having a disability lawyer beside you when you make your claim significantly reduces the chances of these mistakes occurring.

If you protest a denied claim and the case needs to go to a hearing (usually presided over by an administrative law judge), a social security disability attorney can help you develop your case properly and legally represent you so that your odds of winning will be much higher. Of course, you can win your hearing without any legal help at all, but considering what’s at stake, is that really a chance you’d be willing to take?

Another factor for consideration would be the fact that even if you do win your claim, the ‘alleged onset date’ for payments may not be as favorable as you would expect. This date usually determines how much you are eligible to receive in backpay. If your claim is approved at a much later date than the date you alleged that your disability actually began, the amount of backpay you could be forfeiting can reach up to several thousand dollars.

For disability claimants in Huntington, WV, getting in touch with a reputable law firm to help you handle your application is so easy, you probably don’t even have to leave your home. For example, Jan Dils, Attorneys at Law offers phone appointments and interviews, while all the necessary paperwork can simply be faxed or e-mailed to them. Coping with disability is stressful enough so getting the legal help you need shouldn’t have to be.

 

Source:

Social Security disability-insurance program faces 2016 financing shortfall. Market Watch

Why Do You Need A Social Security Disability Lawyer? Social Security Disability Now

How to Find a Disability Lawyer, Attorney, or Representative for Social Security Benefits

Social Security disability: Stay in line or start all over? Fox Atlanta

Social Security Disability Fund Could Dry Up Soon. Press Examiner

Have a Disability? A Social Security Disability Lawyer Can Help You!

POSTED BY admin . August 07, 2015

Disability AttorneyHave a Disability? A Social Security Disability Lawyer Can Help You!

Parkersburg, WV residents with a disability need all the help they can get. A disability can seriously impede a person’s ability to earn money and support themselves. Fortunately, there are ways to get financial assistance for anyone who suffers from a disabling condition. However, it can be difficult to get through all the bureaucracy. This is where a Social Security disability lawyer would be able to help. One of the main things they can help you with is making sure that your disability claim would be approved.

Disability According to SSA

The Social Security Administration (SSA) doesn’t just accept any disability. In order to be considered disabled, you must be suffering from a long-term (which means it will last for a minimum of 12 months or result in death) or permanent condition that prevents you from engaging in substantial gainful activity.

For example, if you’re working at a desk job and you suffer from a medical condition that makes your job difficult but still doable, or you are able to find a different job, then Social Security will not give you access to disability benefits since you can still work. However, if your disability prevents you from performing your past work and any other type of work you may qualify for benefits.

The Approved List of Impairments

The SSA also has an approved list of ailments. These conditions automatically qualify you for disability benefits as long as a few other criteria are met. The listing is divided into bodily functions. First, there are the musculoskeletal problems, like joint issues. Then there are the sensory and speech problems, like blindness.

Respiratory and cardiovascular conditions, digestive issues, and severe neurological conditions, like epilepsy, are all part of the list. Blood and immune system disorders round out the physical issues, while conditions like depression and autism complete the disabilities in the mental disorder category.

The Evidence You Need

Simply claiming you have a disability, or having one of the conditions mentioned above, is not enough; you have to prove it. This means you’ll need to present evidence in the form of medical records and more, which include X-ray scans, MRI, blood work results and other additional proof that you really are suffering from the condition you indicated. You medical evidence must also meet the level of severity as stated in the listing of impairments.

Professional Help is Always Welcome

Social Security disability attorneys, like those from Jan Dils, Attorneys at Law, can help gather the evidence, which will make things easier for you. Disability lawyers can help present your case and follow your claim so it won’t get lost in the shuffle. You should contact a social security lawyer before you even file for disability.

 

Source:

Medical Conditions that Qualify You for Disability Claims, Findlaw

What Are the Rules and Requirements for Social Security Disability Cases?, Disability Secrets

Qualify for SSDI Benefits, Social Security Disability Help

Top Reasons to Hire a Social Security Disability Lawyer

POSTED BY admin . August 05, 2015

Social Security Disability CaseThe United States Social Security Administration (SSA) implements two programs that provide assistance to citizens with debilitating conditions who are consequently unable to work. The Social Security Disability Insurance (SSD) is mainly for workers who have worked and have been paying contributions to the SSA for the minimum number of years. Meanwhile, the Supplemental Security Income (SSI), in collaboration with the applicant’s state government, provides payments to low-income earners.

These disability programs are designed to provide assistance to disabled workers. Despite those good intentions, many applicants find the disability claims process rather complicated and even get denied the benefits they deserve.

You may not find the need to hire a lawyer when filing a disability claim, but having an experienced lawyer handle your case can increase your chances of a successful claim or appeal. A great number of applicants fail to obtain compensation on their first try, which is why they resort to filing an appeal that ultimately decides the outcome of their request. Your social security disability attorney will assist you in not only filing your appeal but with the remaining stages of your claim, including a hearing with an Administrative Law Judge.

The most important element in the process is medical evidence, which includes your physician’s notes and objective evidence such as MRIs and X-rays. The evidence will serve as the basis for the questions formulated by the administrative law judge (ALJ). While you may opt to gather these details on your own, the social security disability lawyer may obtain them more efficiently and determine the documents that require updating in greater detail and precision.

Once the necessary records have been acquired, your lawyer will proceed to check for potential issues or errors that may undermine your claim. If additional evidence is needed, the doctor who treated you may be asked to provide a testimony about your medical condition. A psychological or physical exam may also be requested from the SSA if the attorney deems your medical history insufficient to support the case.

The ALJ will initiate the hearing itself, and will question a Vocational Expert (VE) about your capacity to work based on the documents submitted. The knowledge and experience of a disability attorney, like someone from Jan Dils Attorneys at Law, will come in handy during the VE’s cross-examination, particularly when the observations of the VE deserve to be challenged.

Sources:

Social Security Disability Benefits, Nolo.com

Do You Need an Attorney to Appeal a Social Security Disability Denial?, Disabilitysecrets.com

Trust Social Security Lawyers to Help You Obtain Disability Benefits

POSTED BY admin . August 03, 2015

In today’s challenging economy, suffering a medical disability that prevents you from earning your keep can be disastrous for you and your loved ones. Even under the most controlled environments, workplace-related accidents or illnesses may still occur. To address the resulting loss of income and medical expenses resulting from an illness or injury, the United States Social Security Administration (SSA) implements two disability programs that provide cash benefits to affected workers.

Such assistance is not easily granted, though, because the applicant’s conditions have to satisfy the SSA’s own definition of “disability.” These programs, namely, the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI), vary in terms of eligibility criteria and compensation amounts.

Given all the complexities involved, most people seek the services of a social security attorney to boost their chances of a successful claim.

SSA Disability Programs

Aside from citing incapacity, you need to prove that you have garnered an adequate number of “work credits” or have been paying SSA taxes for a period of time before the SSDI grants compensation to you and certain members of your family. The length of time you need to qualify for coverage is determined by the age and year you suffered disability. Once you are approved, you could receive payments amounting from $1,000 to $1,200 per month depending on your earnings record.

Meanwhile, assistance from the SSI is based on your income and resources and potentially those in your household. As a single person, your resources cannot exceed $2,000. As a couple, the limit is $3,000. In 2015, if your claim is approved, you can get paid approximately $733 (or $1,100 for if you are a couple) every month, aside from a supplementary payment from the state government. Keep in mind, your income will also affect your SSI payment. The Administration, aside from a few income exclusions, will count ½ of your earned income and all of your unearned income against your SSI payment.

A doctor’s advice to take a few days off work to recover does not guarantee coverage under the SSA. The above programs only provide financial aid to workers who have sustained a severe physical or mental condition that is likely to last for at least a year or result in death and prevents them from carrying out a substantial amount of work. This vague definition leaves a lot of room for dispute.

In reality, most disability claims are denied on the first attempt. Count on experienced social security lawyers, like someone from Jan Dils Attorneys at Law, to leverage their experience and knowledge of the law to your benefit.

 

Sources:

Social Security Disability Benefits, Nolo.com

Social Security Disability Attorney & Lawyer Information, Disabilitysecrets.com

Benefits For People With Disabilities, SSA.gov

Jan Dils YouTube Channel

POSTED BY admin . July 27, 2015

Did you know we have a Jan Dils YouTube channel?

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On our channel, you will find around-the-office features such as our MVP employee of the month announcements, community events we participate in and more of what goes on behind the scenes at the firm.

But we also include videos for our clients to keep them knowledgeable about various issues they may face throughout their experience.

Charleston Social Security Lawyer: Medications Affect Court Decisions

POSTED BY admin . May 11, 2015

Many people wonder if medication side-effects could affect a judge’s decision about your Social Security Disability hearing. The answer is simple. Yes. It is important to remember that the court takes into account all of your medical records, and these, of course, includes medications.  Your local Charleston social security lawyer can help you understand exactly how certain drugs and prescription medicines can affect a judge’s decision. Here are some of the explanations: Continue reading “Charleston Social Security Lawyer: Medications Affect Court Decisions”

Preparing Answers with a Charleston Social Security Disability Lawyer

POSTED BY admin . May 08, 2015

Getting approval for a Social Security Disability claim is challenging. Aside from being able to present important documents that can prove your claims, another important part of the process is the hearing. The questions asked can range from basic questions such as your name to specific details like the exact date of your last hospital visit. Continue reading “Preparing Answers with a Charleston Social Security Disability Lawyer”

Why You’ll Need A Huntington, WV Social Security Disability Lawyer

POSTED BY admin . May 07, 2015

Trying to obtain a Social Security disability benefit can be a complicated process requiring proper documentation of proof before approval. Many applicants whose initial application for a Social Security Disability Benefit was disapproved attempt to resubmit their appeal. Due to the complex requirements in the process, disapproval rate has been high.  In fact, former Major League Baseball player Brian Doyle once said that it is easier to win a world series than to get your Social Security Disability claim approved. These days, you can save yourself a great deal of stress from false leads and other application pitfalls by consulting with an experienced Social Security Disability lawyer in Huntington, WV, or any reliable attorney from your area. Continue reading “Why You’ll Need A Huntington, WV Social Security Disability Lawyer”