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Category: Blog

Helping Thousands of Veterans with Less-than-honorable Discharge Status

Thursday, December 12, 2019

Tens of thousands of military veterans suffering from TBI’s or PTSD are denied VA resources because of their discharge status.  However, a recent Federal Court ruling could have a positive impact on the benefits that these veterans receive. Discharge characterizations play an important role in determining the resources that can be provided to a veteran by the VA. The lawsuit seeks fair treatment of veterans when they apply to have their discharge characterizations changed. The ruling denied the Navy’s request to have Tyson Manker’s class-action lawsuit dismissed.  Manker, a 38-year-old veteran filed the lawsuit after receiving a less-than-honorable discharge from […]

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Delayed Benefits

Wednesday, December 4, 2019

What to Do If It Too Long for Social Security Benefits to Be Paid If several months after you have been awarded Social Security disability benefits, the benefits still have not been paid to you, there are three ways to approach the problem: Contact a congressional office. Because Social Security benefit issues come up so often, each Representative and Senator has a staff member who specializes in dealing with the Social Security Administration. A congressional inquiry is often an effective way to speed up payment. Either you or your attorney can discuss your case with a supervisor at your local […]

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Testimony Concerning Your Mental Symptoms

Monday, December 2, 2019

New York Disability Attorney Prepares You For Testimony Concerning Your Mental Symptoms If your disability is one that entails mental symptoms, the questions that will be posed to you will be used in an effort to get you to speak about those symptoms. For instance, after inquiring about whether or not you have a specific symptom, if you respond in the affirmative, you will then be asked to talk about it in greater detail. A competent New York Social Security disability attorney like the attorneys at Turley Redmond Rosasco & Rosasco can further advise you on how to go about […]

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Getting Your Doctor’s Medical Opinion About What You Can Still Do

Monday, December 2, 2019

Getting Your Doctor’s Medical Opinion About What You Can Still Do Your Doctor’s Medical Opinion Can Help You Qualify for Social Security Disability Benefits The Social Security Administration’s job is to determine if you are disabled, a legal conclusion based on your age, education and work experience and medical evidence. Your doctor’s role is to provide the Social Security Administration with information concerning the degree of your medical impairment. Your doctor’s description of your capacity for work is called a medical source statement and the Social Security Administration’s conclusion about your work capacity is called a residual functional capacity assessment. Residual functional capacity […]

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Examples Of Who Is And Is Not Disabled

Monday, December 2, 2019

What Constitutes a Disability    Social Security disability law defines “disability” as an inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” An individual is not “disabled” if drug addiction or alcoholism would “be a contributing factor material to the Commissioner’s determination that the individual is disabled.” However, you cannot always rely on common sense to tell you who is and who is […]

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Questions About Working Part-Time

Monday, December 2, 2019

Working Part-Time After You’ve Been Found Disabled by the Social Security Administration   Is it possible to work part-time and not lose my disability benefits? Yes. It is possible. However, the full answer to this question depends on how much you earn and what kind of disability benefits you are receiving, either: Social Security disability benefits (sometimes referred to as Social Security Disability Insurance – SSDI), or Supplemental Security Income (usually referred to as SSI) benefits. If you are receiving Supplemental Security Income and you go to work, the Social Security Administration (SSA) will reduce your SSI benefits by one […]

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Attachment to The Labor Market

Thursday, September 19, 2019

IF I AM RECEIVING WORKERS’ COMPENSATION PAYMENTS, DO I HAVE TO SHOW THAT I AM LOOKING FOR WORK?  Under the New York State Workers’ Compensation Law, if you have been found to have a partial disability, then, under many circumstances, you are required to look for work within your medical restrictions. You may hear the term “attachment to the labor market” when dealing with this issue. It is very similar to the situation when someone is receiving unemployment benefits and is required to show that he or she is looking for work to keep the benefits going. Your Suffolk County […]

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The Mission Act

Thursday, April 18, 2019

For the first time in nearly 45 years, more than half of the US veterans are under the age of 65. Along with such a large veteran population, comes their (higher) expectations of the Veteran Affairs health system. Many now have different attitudes towards their care and want it in a timely and convenient manner, and who can blame them? Veterans Affairs Secretary, Robert Wilkie, has learned from his experience watching his father go through the VA healthcare system and knew something needed to change. Since, The Mission Act, passed last summer, will go into effect this June and aims […]

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Why am I only receiving $150?

Monday, April 15, 2019

$150 per week is the minimum cash benefit payable to injured workers while they are either out of work or working at a reduced salary because of their work-related injury. In the very beginning stages of a claim, the insurance company will very commonly pay benefits at this minimum rate on a temporary basis until they receive accurate payroll information from the employer. However, if the employer is not quick to respond to the request for payroll records, the injured worker could go on for quite some time getting paid at this minimal amount. This, of course, can be financially […]

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The Battle of Blue Water Veteran Aid

Tuesday, March 19, 2019

Blue Water Navy veterans have battled with the Department of Veterans Affairs for years to receive the same care as others who served in the Vietnam War and were exposed to Agent Orange. The only difference? Blue Water veterans did not serve on land in Vietnam, but served exclusively on ships in the waters surrounding Vietnam and are being denied compensation and care. In January, the Court of Appeals for the federal Circuit ruled that Blue Water veterans would be eligible for benefits to treat illnesses related Agent Orange exposure.  The Justice Department and Department of Veterans Affairs have until […]

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