Archives for September 2017

Can A Veteran Rated 100% P&T Work Part Time?

September 29, 2017 by

If you’ve been successful in getting VA disability benefits, you may discover that it isn’t enough. A part-time job may become necessary to supplement your income. But can you work? Will working, even part time, affect your monthly VA benefits?

It might. But there are a few things to think about before you start filling out job applications and going on interviews.

working part time as a disabled veteran can affect your benefits

What Is P&T?

This stands for “Permanent & Total,” meaning that you are permanently and totally disabled as a result of injuries or medical conditions you acquired during military service. In other words, you are unemployed or unable to maintain substantially gainful employment (full time, paying wages greater than poverty level) as a result of a service-connected medical condition(s) incurred on active duty.

Schedular or TDIU?

There are two types of ratings assigned to veterans—“Schedular” and Unemployability, or TDIU. These ratings indicate your ability to work at the level you held prior to the injury. The VA considers only service-connected disabilities as the reason a veteran can’t be employed.

Schedular

Known as the Schedule of Ratings, or the VA Impairment Rating Tables, these are used to rate a veteran’s ability to return to work. You may be rated at 100% if you received a 60% or more rating from the Schedule, whether for a single disability, or for two or more that add up to at least 70%, creating a 100% disruption in your ability to generate an income. Even though you may not be completely physically disabled, you are allowed to work and earn any amount of income without any impact to your VA benefits.

Schedular disability is not the same as the determination of disability that is used for SSDI (Social Security) benefits.

Total Disability/Individual Unemployability (TDIU)

This version of VA disability means that your rating inadequately compensates you in your ability to generate an income for the disability as it’s awarded.

You may be able to earn a “marginal” income, which is at or below the US poverty threshold (in 2017, it’s currently $12,331 for one individual under 65, and $11,367 over 65.) Should you exceed that “marginal” level, your VA benefits may be reviewed for reduction.

You can, however, earn more than a “marginal” income if you are in a “sheltered position.” This may mean one of three situations:

  • If you’re working in a family business in a “protected environment,” where an employer makes a special effort to employ a disabled individual
  • In a position where specific accommodations are made for you or anyone in the position
    • If the position was created or modified just for you, and the company would not hire a replacement if you left
  • If a similar company wouldn’t hire someone like you for the same job and the same work, such as a position created/modified just to hire you, i.e, offering flexible work scheduling for medical treatments

This rating is usually assigned to veterans with conditions that may be temporary and resolve with treatment.

Should the VA question your employment or reduce/eliminate your benefits, it may become necessary to request documentation from your employer to defend your position. Our attorneys are experienced in VA claims, and can help you through the process.

If The VA Denies Or Reduces Your Benefits

Call us immediately—you must appeal quickly or lose the opportunity. Our attorneys can work with you to file your appeal in the VA’s system to get you the benefits you deserve.

We’re Here To Help

This is just a brief overview of VA disability and working, and should not be considered a complete guide.

The Herren Law Firm has helped over 4,000 Houstonians get the disability and veteran’s benefits they deserve, and we’ll be happy to help you. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation. We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case.

Filed Under: Veterans Disability Tagged With: , ,

How Long Do I Have To File For Long Term Disability?

September 22, 2017 by

Finding yourself disabled, even temporarily, can be a confusing haze of administrative work you may not be familiar with while you’re trying to heal. There are different types of disability classes, but long-term disability generally means that you are unable to go back to work in a short period of time. This type of policy provides income when you are unable to work, usually 60% of your previous income. The Herren Law Firm has been helping Houstonians through the disability process for over 30 years, and we can help you too.

How Long Do I Have To File For Long Term Disability?

What Does “Long-Term” Disability Mean?

A “disability” is a legal term that just means a medical condition that prevents you from working. Long-term disability means that you are unable to work an extended period. The average case lasts about 3 years. When you file for long-term disability and get it, you’re covered for things like car accidents, having a baby and serious illnesses and injuries, but it doesn’t always mean that you are permanently disabled.

You can only file your claim after a waiting or “elimination period,” when you have exhausted all paid time off (vacation, sick and any other PTO) and short-term disability has ended. Payments start after your claim is approved. Payments aren’t immediate, so it’s best to file as soon as possible so that there is overlap with the end of short-term disability.

Review Your Policy Before You Need It

When you receive your policy (whether through your employer, or on you own), review it carefully and take note of specific previsions. How does the policy define “disability?” What’s the waiting period (or “exclusion period”) on your policy? Will they pay if you’re unable to work the job you’re in, or if you’re unable to work any job, part time or full time? (There’s a difference.) How long will the policy pay you while you’re disabled—a year? Two or three years? Until you retire?

Review your exclusions. Most policies will not cover a disability for things like pre-existing conditions, acts of war, drug abuse, suicide attempts and any injuries sustained during the commission of a crime. There may be other exclusions in the policy—read carefully so you understand them before you prepare your claim.

Pay Attention To Deadlines

Find the deadline in your policy for submitting your claim. The policy will tell you when you’re required to file, and how long you have. Once the deadline is passed, most insurers will not allow you to file a claim.

Ensure That Your Claim File Is Complete

When you submit your claim, make sure that everything is included. Don’t assume that the insurance company has everything they need to process and approve your claim. Request a copy of your claim file for your own review. If anything is missing (X-rays, test results, etc.), request copies from the appropriate parties, forward them and ask the insurer to include them in your file. Complete medical records are a must, including a letter from your doctor explaining why you are disabled. If there are any errors, request that your doctor correct them.

Although he or she may charge you, asking your doctor for an additional detailed report about your current disabilities, limitations and medical history would be an advantage.

Long Term Disability Is Not Health Insurance

Disability payments replace your income when you are unable to work. Medical expenses are not covered under long-term disability. Health insurance, which is separate, only covers your related medical expenses.

Keep Copies Of Everything

It’s always important to know who you spoke to, when, what was mailed, to whom, and when. If you do find yourself fighting the denial of your claim, you’ll need copies of everything to file and appeal, and to take to your attorney. Keeping detailed records will help you fight denial and make it easier for an attorney to work on your case.

With over 4,000 successful disability claims under our belt, we’re ready to help you too. We work on a contingency fee basis—you only pay us a fee if we can win your case. Call us today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation.

Filed Under: Long Term Disability Tagged With: ,

Do My Long Term Disability Payments Affect My Social Security Payments?

September 15, 2017 by

The short answer: Yes.

It’s called an “offset.” Payments from a long-term disability policy can (and very likely will) be reduced by the amount you receive from Social Security. This is true whether you receive SSI or SSDI. The Herren Law Firm understands the process and can help you manage your claim and get you the benefits you deserve.

Do My Long Term Disability Payments Affect My Social Security Payments?

What’s The Difference Between Disability Payments And Social Security Payments?

Long-term disability is private insurance that you either purchase yourself or receive as a benefit through your employer. Disability payments provide income while you are disabled and are unable to work for a long time. Long-term disability provides a portion of your income (usually 50% to 65%, depending on the policy) while you are disabled. This insurance starts when short-term disability ends, usually after three to six months.

SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) are government-funded programs that provide income when you are unable to work due to a disability. You pay into the system with the Social Security deductions from your paycheck.

What Is “Disabled?”

Generally, it means that you are unable to work at your regular job; “long term” is more than 30 or 120 days. You must be able to prove that you are medically and physically unable to work for an extended period of time. Your policy may specify that you must be unable to work the job you were in, or if you are unable to work any job, full or part time. Review your individual policy to find out about disability payments and more.

Disability criteria differs for insurance companies and Social Security, which is much more stringent. The Herren Law Firm can help you apply for Social Security benefits, and increase your chances of approval.

The Offset

When you file your Social Security claim, your benefit payments will take a very long time. However, the date your first file is your date of disability. Individuals frequently receive a lump sum for the period before their regular benefits begin, called a “backpay.” The insurance company may require you to refund some of the payments they previously paid to you using the backpay, to offset the monies already paid.

How It Works

Some long-term disability policies will require you to apply for Social Security when your insurance payments begin. Once it’s approved, your disability plan will pay you the difference between your Social Security payment and your policy payment. That is, if your policy payment is $2,000 a month, and Social Security is $1,500, your policy payment will change to $500 instead of the entire $2,000. The “offset” is the $1,500 per month that Social Security pays you, and your total income remains the same.

Backpay Is Taxable

Even if you are required to make a large, lump-sum payment to refund your insurance company, the IRS will also collect taxes on the lump sum. Many individuals are shocked to receive a tax bill for that amount, and may be unable to pay it. If you expect to receive a lump sum from Social Security, consider saving a small monthly amount from your disability payments to protect yourself against an unpleasant surprise later.

Long-Term Disability or Social Security? Or Both?

It depends on the insurance policy you have, and how long you may be disabled. Individually purchased disability insurance may allow both without offsets, whereas group or employer policies may have more restrictions. Some policies may require you to apply for Social Security once the insurance payments start.

Reading and understanding your individual policy is essential before starting and submitting a claim, so that you understand what you can expect, and if there is an offset once you receive your benefits.

The Herren Law Firm Is Ready To Help

Applying for Social Security for disability is a long process, and most claims are denied at the outset, requiring appeals. This is where you may need an attorney to handle your claim so you can start receiving benefits. If your insurance company is denying your claim, an attorney can step in and get the process moving again.

We’ve helped over 4,000 Houstonians just like you get the disability benefits they need. Call us today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation. Our contingency fee arrangement means you only pay us if we win your case.

Filed Under: Social Security Disability Tagged With: , , ,
MENU
Call Now Button