Social Security Disability

by Kristina Derro
Veteran Disability Lawyer

For those individuals who think that only the VA system is backlogged, recent findings indicate that Social Security’s disability program is almost as bad. This is extremely disheartening, since most individuals who qualify for VA service-connected benefits will also qualify for Social Security disability benefits. And, in fact, most usually receive Social Security disability benefits first and use it to provide themselves with meager support as they wait years for their VA benefits to be adjudicated.

Applications for Social Security’s disability program are up nearly 50 percent over a decade ago. With the U.S. economy losing nearly 7 million jobs in recent years, individuals with disabilities who lose their jobs have been unable to find new ones. As a result, the rush for benefits is adding to a growing backlog of applicants. Most individuals wait two years or more until their cases are resolved.

Also compounding the problem is the fact that the program is being hit by an aging population; obviously disability rates rise as a population ages. This is especially troubling given that new Congressional estimates say that the trust fund which finances Social Security disability will run out of money by 2017, leaving the program unable to pay benefits unless Congress acts.

Right now Congress is targeting overpayments, where people continue to get paid despite getting a job and no longer qualifying for the program. Last year alone, Social Security found that the overpayment amounted to $1.4 billion. In the deficit reduction package enacted this month, Congress boosted Social Security’s budget by about $4 billion over the next decade to invest in programs that identify people who no longer qualify for the disability benefits. It is estimated that the increased enforcement would save nearly $12 billion over the next decade.

Needless to say, the crush of applicants has impacted the legitimate applicants who often have to wait years to receive benefits. About 2/3 of initial applications are rejected, and an appeals process can take two years or more.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

QTC Sold

by Jim Fausone
Veteran Disability Lawyer

Many veterans that have had a C&P exam have run into a private QTC doctor. QTC is the largest provider of outsourced medical evaluation services to the federal government and, in particular, the U.S. Department of Veterans Affairs (VA), processing more than 450,000 evaluations last year. The VA has had a cozy relationship with QTC for years. This includes the movement from QTC to VA and back again. For example, former VA Secretary, Dr. James Peake, was Chief Medical Director and Chief Operating Officer of QTC before becoming the Secretary and former Secretary of Veterans Affairs, Anthony Principi, was chairman of QTC.

Now the plot thickens. A large defense contractor, Lockhead Martin, has purchased QTC. It certainly raises the possibility that the DOD and VA interests will be placed above that of veterans at future exams. Should veteran advocates be concerned, it seems that "independent medical" exams by QTC may be an oxymoron.

http://www.sacbee.com/2011/08/22/3853954/lockheed-martin-agrees-to-acquire.html

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

PTSD Drug Fraud

by Jim Fausone
Veteran Disability Lawyer

VA seems to try all kinds of quack medicine to "fix" veterans with PTSD. Another situation has arisen that an anti-psychotic drug used to treat PTSD has no more effect than a sugar pill. VA spent $717 million for this ineffective drug over the last decade.

Risperidone is the generic name for Risperdal, a drug developed by the Janssen Pharmaceuticals division of Johnson & Johnson to treat severe mental conditions such as schizophrenia and bipolar disorder. VA researchers published Aug. 2 in the Journal of the American Medical Association concluded, "treatment with risperidone compared with placebo did not reduce PTSD symptoms."

If you or a veteran you care for was given this drug, you should evaluate if your disability rating is correct. If VA reduced your rating because you were being effectively treated - that turns out not to be true. You may want to read the article below and contact a lawyer.

http://www.nextgov.com/nextgov/ng_20110822_6423.php?oref=topstory

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Attack on AO Expansion

Attack on AO Expansion
by Jim Fausone
Veteran Disability Lawyer

Most veterans know that the expansion of the Agent Orange (AO) presumptions last year were long over due. But some in Congress question that decision and its costs. Certain Senators argue the Agent Orange Act of 1991 is flawed, providing too much authority to the VA secretary and allowing compensation awards based on a mere "association" between a disease and herbicide exposure rather than evidence that exposure "caused" the ailments. This debate is about how much authority should the Secretary of the VA have to create new presumptions.

As an attorney who practices in this field, I know that without presumptions most veterans would not be able to prove the medical case for obtaining compensation. They do not have the money to pay for medical opinions or the testing and research that would be necessary. Keep an eye on the Senate as this issue is debated.

http://www.montgomeryadvertiser.com/article/20110814/NEWS02/108140325/New-Agent-Orange-claims-surpass-84-000

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

TSGLI Rule Changes

by Jim Fausone
Veterans Disability Lawyer

This information is from VA’s press release. In an attempt to help get the word out, I am republishing a good chunk of that release:

“As of October 1, 2011, the Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit, also known as TSGLI, will be payable for all qualifying injuries incurred during the period October 7, 2001 to November 30, 2005, regardless of where they occurred, and regardless of whether the member had SGLI coverage at the time of the injury. The Veterans’ Benefit Act of 2010 removes the requirement that injuries during this period be incurred in Operations Enduring or Iraqi Freedom.

This is welcome news for the many servicemen and women who suffered serious traumatic injuries while serving stateside or in other areas outside of OEF or OIF during this time period, but until now have not been eligible for TSGLI. TSGLI provides a payment ranging from $25,000 to $100,000 to Servicemembers sustaining certain severe traumatic injuries resulting in a range of losses, including amputations, limb salvage, paralysis, burns, loss of sight, hearing or speech, facial reconstruction, 15-day continuous hospitalization, coma, and loss of activities of daily living due to traumatic brain injury or other traumatic injuries.

Former Reservists and National Guard members who were injured during the retroactive period and suffered a qualifying loss are eligible for a TSGLI payment even if the cause was not related to service, such as a “civilian “ automobile accident or severe injury which occurred while working around their home. The law regarding these payments covers these individuals 24/7. Additionally, survivors of Servicemembers who died more than seven days after their injuries are also eligible to receive a TSGLI payment if the member had a covered loss.

Although applications are currently being accepted by Branch of Service TSGLI Offices, benefits will not be paid until October 1, 2011, the effective date of the law. For more information or to apply for a TSGLI payment, Servicemembers and Veterans should go to http://www.insurance.va.gov/sgliSite/TSGLI/TSGLI.htm. They can also contact their branch of service TSGLI Office”

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Seabee Gary Lillie RIP

by Jim Fausone
Veteran Disability Lawyer

Everyday hundreds of veterans pass away. Their life is more than just their service to country. But for every man or woman who served that service is a big part of who they are when they pass away. The veteran community lost a friend over the weekend when Gary Lillie of Dexter, Michigan died after he was struck by a drunk driver.

Gary served in Vietnam and served as a Seabee. His family had a long history of military service. Gary, 70 years old, was a practicing real estate agent in Ann Arbor. He was a proud Scotsman, hockey player and founder of Veterans Radio. He put his money and his energy in telling the story of his fellow veterans on the radio. His efforts resulted in over 400 programs being aired on around the country and on the internet at http://www.veteransradio.net/. Gary was a friend of LHFV and mine. He will be missed. Read more about him at

http://www.heritage.com/articles/2011/08/05/dexter_leader/news/doc4e3c535bcc5ce956171936.txt?viewmode=default

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com