When a veteran files a claim for service connected disability, the VA is supposed to assist the veteran. That assistance includes a duty to notify veterans of incomplete claims filings. The duty to assist also requires the VA to notify the veteran of "any information, and any medical or lay evidence, not previously provided to the Secretary that is necessary to substantiate the claim." 38 U.S.C. § 5103(a).
But does that duty to assist mean the VA must prove the veteran's claim for him?
No. Before the VA's duty to assist arises, the veteran himself must present at least a "plausible claim for benefits".
If the veteran presents such a minimal claim at first, then and only then does the duty of the VA to assist the veteran in his claim begin.
If then, zero evidence is produced in support of the claim, that indicates at least two possibilities. It may be that no evidence exists to support the particular issue, in which case VA can rule against the veteran on that issue. Alternatively, VA may have failed to satisfy its duty to assist, that failure being the cause of the lack of supporting evidence, in which case the claimant can contend that VA should have used further efforts and thus did not comply with its statutory duty to assist.
Click here to read this new Court interpretation of the VA's duty to assist veterans' in their disability claims.
Wednesday, July 29, 2009
SSA BACKLOG INCREASES: SSA NOT PREPARED FOR ECONOMIC DOWNTURN
The Social Security Administration reports that it expects that over the next two years an additional 500,000 disability claims will be filed; more than likely due to the national recession.
These additional filings will be on top of the increased numbers of disability claims that will be filed a result of the baby boomer generation coming into older age.
The SSA admittedly did not anticipate nor prepare for the increased disability filings due to the recession and the backlog of pending claims is growing steadily.
For example, the SSA reports that it's Chicago offices have seen an increase of 41% in number of claims filed and the State of Illinois has seen a dramatic 88% increase in the number of disability claims waiting to be processed.
The SSA anticipates that these unexpected increased filings will add months to an already overwhelmed process. In Kansas City the SSA reports the average time to process a claim is now 674 days. In Indianapolis the SSA reports the average waiting time is now 753 days.
These delays are only expected to increase as the US Congress cuts back even more needed funding to increase SSA offices, staff and Judges.
These additional filings will be on top of the increased numbers of disability claims that will be filed a result of the baby boomer generation coming into older age.
The SSA admittedly did not anticipate nor prepare for the increased disability filings due to the recession and the backlog of pending claims is growing steadily.
For example, the SSA reports that it's Chicago offices have seen an increase of 41% in number of claims filed and the State of Illinois has seen a dramatic 88% increase in the number of disability claims waiting to be processed.
The SSA anticipates that these unexpected increased filings will add months to an already overwhelmed process. In Kansas City the SSA reports the average time to process a claim is now 674 days. In Indianapolis the SSA reports the average waiting time is now 753 days.
These delays are only expected to increase as the US Congress cuts back even more needed funding to increase SSA offices, staff and Judges.
DO YOU REALLY NEED AN ATTORNEY? MAYBE.....MAYBE NOT
Dealing with the federal government on a disability claim can be a nightmare. Complicated bureaucracies, endless forms, and lengthy delays are more the rule than the exception.
The United States Supreme Court itself has described the Social Security Act as the most intricate ever drafted by Congress, whose byzantine construction makes the Act "almost unintelligible to the uninitiated." Schweicker v. Gray Panthers, 453 U.S. 34, 101 S.Ct. 2633, 69 L.Ed.2d 460,469 (1981)(Justice Powell).
Social Security disability, Veterans Disability, federal workers compensation, federal medical disability retirement; they are filled with an alphabet soup of meaningless letters and forms such as DLI, Title XVI, NOD, LWT, CA1, Ca2, Ca2a, DIB, SSI, 21-4138, form 3288, etc, etc. The mind reels from all the forms and acronyms.
And then there are the different processes for each different federal agency. Some allow forms to be filed by internet, others only by fax, others must be filed by mail, some require one copy, others two or three copies. Some agencies require filing at their offices, others require filing at different offices for the same benefits. Some must be filed within 30 days, others must be filed with 60, or 90 or 180 days. Who knows what to file, where and when?
If you don't know how, what, where or when to file a form, a record, a document, then you may lose all your benefits.
So do you really need an attorney to represent you on your social security disability claim (SSA), your federal workers' compensation claim (OWCP), your veterans' disability claim (VA), or your federal medical disability retirement claim (OPM)?
Maybe....maybe not.
Ask any attorney (such as myself) and more than likely you will always get the same answer: definitely "yes".
But hold on.... let's do a reality check first.
Each year, thousands and thousands of people routinely apply for and win their social security, their VA, their OWCP or their OPM claims, on their own without any assistance or hiring of an attorney. The reason why? Certainly, luck plays a part. However, for the most part, these claimants knew where to look for the laws, how to read the processes, what forms were required and when and where to submit the forms and evidence needed on their claims. They did the legal legwork required.
On the other hand, each year, many many more thousands and thousands of people file for their disability claims and then immediately and hopelessly become lost and confused and are denied their due benefits simply because they did not know what, where, when and how to file the proper documents, records, and evidence in their claims. They did not do the legal legwork required. They have lost much needed benefits, medical coverage, and likely years of time simply because they did not know how to process their claims.
So do you need an attorney to represent you on your SSA claim, your OWCP claim, your veterans' claim, or OPM claim? That depends on your own knowledge of the federal system you are dealing. If you are fully confident that you know the federal system, you have access to the legal research, you know what forms are required, what evidence is necessary, and how, when and where to file the forms, documents, and evidence, you may very well not need an attorney to represent you on your claim. You may do very well on your own.
On the other hand, if you know little to nothing about the federal agency process you are dealing with, you do not have the forms, documents, evidence, and legal research available to you, or do not know when, where, and how to apply or more realistically, you simply do not want to mess with the legal mumbo-jumbo, then you should very well consider hiring an attorney representative to help you.
But... what if you are somewhere in between?
What if you are familiar with the federal system? What if you have filed a similar claim before and won? What if you kind of know what to file and where to file, but you simply have some questions on "how to" file a certain form, or what is now need to be filed on your claim. Do you really need to hire a full time attorney to take over your own handling of your own claim?
In these difficult economic times, laying out much needed money to hire an attorney to fully take over your claim, when all you really want is a couple of questions answered, may not be necessary. You just need an attorney to look at something, or to find something in the legal books for you.
Can't you just have an attorney help you like that without going through all the hassle and expense of hiring an attorney full time?
Now you can!
I am pleased to provide to you, at your convenience "as-needed" One to One expert service.
Disability claims and appeals can be very confusing and complex. It is now becoming more and more common for disability claimants to ask that I be available to them to answer general questions and give general guidance on "how to" handle various issues in their OWCP or OPM medical disability retirement or Social Security Disability or Veterans Disability claims; without the need for a attorney-client relationship. For example, this could include as requested by you, consultations by live video, or by email, or requests on how to find certain forms or, where, when and how to submit items to a federal agency, etc..
This does not mean or require that you and I enter any formal contract of representation. This does not mean or entail that we have entered any attorney client relationship and no attorney client relationship or agreement exists.
This One to One expert consultation service is now available to you at your convenience as a means to be available to you to provide you general guidance on a non-representative basis. Not only does it save you money, but can provide you just the knowledge you need without the necessity of hiring legal counsel.
Not every federal agency process requires an attorney.
But more than likely every claimant will need some expert advice on their federal claim sooner or later.
One to One expert legal advice at your convenience, when you need it!
Click here to learn more about One to One Expert Advice
The United States Supreme Court itself has described the Social Security Act as the most intricate ever drafted by Congress, whose byzantine construction makes the Act "almost unintelligible to the uninitiated." Schweicker v. Gray Panthers, 453 U.S. 34, 101 S.Ct. 2633, 69 L.Ed.2d 460,469 (1981)(Justice Powell).
Social Security disability, Veterans Disability, federal workers compensation, federal medical disability retirement; they are filled with an alphabet soup of meaningless letters and forms such as DLI, Title XVI, NOD, LWT, CA1, Ca2, Ca2a, DIB, SSI, 21-4138, form 3288, etc, etc. The mind reels from all the forms and acronyms.
And then there are the different processes for each different federal agency. Some allow forms to be filed by internet, others only by fax, others must be filed by mail, some require one copy, others two or three copies. Some agencies require filing at their offices, others require filing at different offices for the same benefits. Some must be filed within 30 days, others must be filed with 60, or 90 or 180 days. Who knows what to file, where and when?
If you don't know how, what, where or when to file a form, a record, a document, then you may lose all your benefits.
So do you really need an attorney to represent you on your social security disability claim (SSA), your federal workers' compensation claim (OWCP), your veterans' disability claim (VA), or your federal medical disability retirement claim (OPM)?
Maybe....maybe not.
Ask any attorney (such as myself) and more than likely you will always get the same answer: definitely "yes".
But hold on.... let's do a reality check first.
Each year, thousands and thousands of people routinely apply for and win their social security, their VA, their OWCP or their OPM claims, on their own without any assistance or hiring of an attorney. The reason why? Certainly, luck plays a part. However, for the most part, these claimants knew where to look for the laws, how to read the processes, what forms were required and when and where to submit the forms and evidence needed on their claims. They did the legal legwork required.
On the other hand, each year, many many more thousands and thousands of people file for their disability claims and then immediately and hopelessly become lost and confused and are denied their due benefits simply because they did not know what, where, when and how to file the proper documents, records, and evidence in their claims. They did not do the legal legwork required. They have lost much needed benefits, medical coverage, and likely years of time simply because they did not know how to process their claims.
So do you need an attorney to represent you on your SSA claim, your OWCP claim, your veterans' claim, or OPM claim? That depends on your own knowledge of the federal system you are dealing. If you are fully confident that you know the federal system, you have access to the legal research, you know what forms are required, what evidence is necessary, and how, when and where to file the forms, documents, and evidence, you may very well not need an attorney to represent you on your claim. You may do very well on your own.
On the other hand, if you know little to nothing about the federal agency process you are dealing with, you do not have the forms, documents, evidence, and legal research available to you, or do not know when, where, and how to apply or more realistically, you simply do not want to mess with the legal mumbo-jumbo, then you should very well consider hiring an attorney representative to help you.
But... what if you are somewhere in between?
What if you are familiar with the federal system? What if you have filed a similar claim before and won? What if you kind of know what to file and where to file, but you simply have some questions on "how to" file a certain form, or what is now need to be filed on your claim. Do you really need to hire a full time attorney to take over your own handling of your own claim?
In these difficult economic times, laying out much needed money to hire an attorney to fully take over your claim, when all you really want is a couple of questions answered, may not be necessary. You just need an attorney to look at something, or to find something in the legal books for you.
Can't you just have an attorney help you like that without going through all the hassle and expense of hiring an attorney full time?
Now you can!
I am pleased to provide to you, at your convenience "as-needed" One to One expert service.
Disability claims and appeals can be very confusing and complex. It is now becoming more and more common for disability claimants to ask that I be available to them to answer general questions and give general guidance on "how to" handle various issues in their OWCP or OPM medical disability retirement or Social Security Disability or Veterans Disability claims; without the need for a attorney-client relationship. For example, this could include as requested by you, consultations by live video, or by email, or requests on how to find certain forms or, where, when and how to submit items to a federal agency, etc..
This does not mean or require that you and I enter any formal contract of representation. This does not mean or entail that we have entered any attorney client relationship and no attorney client relationship or agreement exists.
This One to One expert consultation service is now available to you at your convenience as a means to be available to you to provide you general guidance on a non-representative basis. Not only does it save you money, but can provide you just the knowledge you need without the necessity of hiring legal counsel.
Not every federal agency process requires an attorney.
But more than likely every claimant will need some expert advice on their federal claim sooner or later.
One to One expert legal advice at your convenience, when you need it!
Click here to learn more about One to One Expert Advice
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