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Update: This post describes the VA disability appeals process for decisions issued prior to February 19, 2019. Decisions received after that date are subject to the new VA appeals process. At The Comerford Law Office, many of our clients contact us after being denied benefits. These veterans know they are disabled and yet the VA has either turned down the application or given them a low rating. Many of these people are confused about what to do or whether getting the decision overturned is even possible. Fortunately, veterans have substantial appeal rights, but they need to know how to bring an appeal the right way. Below, we will summarize the appeals process. File a Notice of Disagreement When you receive your decision letter, read it carefully. It should explain why you were denied benefits or underrated. The letter should also explain your appeal rights. The first step in an appeal is to file a Notice of Disagreement (NOD), which is typically VA Form 21-0958. You have one year form the date of the decision letter to file, and if you miss this deadline then the original decision is irreversible. Your decision letter should tell you where to submit the NOD. Request a De Novo Review In this type of review, a Decision Review Officer (DRO) will take a fresh look at your case. The officer does not rely on the original decision, which is completely disregarded. Typically, you can present new evidence to the Decision Review Officer to consider. For example, if your condition has worsened, you can present evidence that it is more severe than initial thought. If the DRO agrees with you, then he or she can approve your claim and issue a new rating. However, if the officer upholds the original decision, then he or she issues a Statement of the Case (SOC). This SOC should identify why your claim was rated the way it was or denied entirely. After the SOC is issued, you can either accept the decision or continue to appeal. If you wish to continue to appeal, you typically have 60 days to fill out VA Form 9 and to include supporting documentation. Remember to include everything—medical and factual evidence—and submit this substantive appeal to the address included in your Statement of the Case. Appear Before the Board of Veterans Appeals Your appearance can be in person or by video conference. Regardless of which method you select, you might need to wait a long time—typically a year or more. During the hearing, you can offer testimony under oath, though the proceedings will be relatively informal. You can also submit additional evidence that will be placed in your file. The judge can grant your appeal, deny it, or issue a remand. On remand, the case is sent back to your local VA office to either collect evidence or follow some other procedure. Typically, the BVA issues a remand when it does not have sufficient evidence to render a decision. Consult with an Experienced Veterans Benefits Lawyer Because appeals are complicated and drawn out, many disabled veterans give up even if they have valid claims. To help your case, you should work with an attorney who understands the appeals processes and how to build a compelling case. The Comerford Law Office has handled many appeals and is prepared to work for you. To schedule a free consultation, please call 312-863-8572 or submit an online contact form.

According to a report in the Military Times, veterans who served on ships during the Vietnam War could soon have an easier time receiving benefits for exposure to Agent Orange. This rule change could make 92,000 veterans eligible for additional benefits, which were stripped from navy veterans in 2002. Proving Exposure Currently, a Vietnam veteran who patrolled inland rivers or served on the ground is assumed to have worked near Agent Orange if they have certain diseases. Accordingly, these veterans are given special status when they file for disability benefits. This status speeds up the process and makes it much easier to receive compensation. However, “blue water veterans” who served on ships are not assumed to have come into contact with defoliants like Agent Orange. Instead, they must prove direct exposure to the chemical in order to have their illness or disability qualified as “service connected.” Given the amount of time that has passed since the Vietnam War, it is nearly impossible for most veterans to ever offer proof of direct exposure. Unfortunately, to receive disability benefits, the disability or illness must be service-connected. Without the presumption, many navy veterans have been unable to secure the benefits they deserve. The Blue Water Veterans Deal Thanks to a new law under consideration by the U.S. Congress, blue water vets will get the same presumption as other veterans. If they have a disease like multiple myeloma cancer, which is presumed to result from Agent Orange exposure, then their illness will be considered service-connected without any additional proof required. As a result, over 90,000 could receive benefits for exposure to Agent Orange. The additional benefits for blue water veterans will cost about one billion dollars, which legislators hope to raise by tacking on a small fee to VA home mortgages. The fee will cost in total about $350 over 10 years. Those servicemembers who are disabled will not pay the fee if they get a VA loan. Passage Possible by Memorial Day Earlier attempts to pass a blue water veterans bill have failed, much to the disappointment of affected veterans. These vets should  be pleased to know that the House Committee voted unanimously to forward the bill for full consideration by the House on May 14, 2018. The bill will need approval from the House and Senate and then be signed into law by President Trump. Many veterans’ groups are optimistic that the bill will ultimately get signed into law, perhaps in time for Memorial Day. Speak to a Chicago Veterans’ Benefits Lawyer Now Disabled veterans and their family members need an experienced veterans’ benefits attorney in their corner who is looking out for them. The veterans’ benefits process is, unfortunately, complicated and drawn out, and many deserving veterans give up before they receive the benefits they are entitled to under the law. At the Comerford Law Office, we will fight for you. Our client testimonials attest to our dedication and commitment to each and every one of our clients. To schedule your free consultation with us to learn more about the services we provide, please call 312-863-8572 or submit this contact form.

Between the years of 1965 and 1970, around 2.6 million U.S. service members were potentially exposed to Agent Orange, a dangerous herbicide that has been linked to a number of deadly illnesses and was used during the Vietnam War. Currently, the VA provides benefits to those veterans who are suffering from one of the listed illnesses and can prove that they served on the ground in Vietnam or on one of its rivers. Unfortunately, research continues to reveal that many illnesses that are not included on the VA’s list can also be caused by exposure to Agent Orange. Most recently, the Institute of Medicine released findings that reveal a possible link between exposure to this herbicide and bladder cancer, high blood pressure, underactive thyroid, and symptoms similar to those experienced by Parkinson’s disease patients. Currently, these illnesses have not been included on the VA’s Agent Orange list, which leaves many veterans struggling to pay medical bills for conditions that were most likely caused by exposure to Agent Orange during the Vietnam War. Covered Diseases The VA maintains a list of diseases that are presumed to be caused by exposure to certain chemicals contained in Agent Orange, including: Al Amyloidosis, which is a diseases that affects the tissues and organs; Chronic B-cell Leukemias, which is a type of cancer that affects the white blood cells; Chloracne, which is a skin condition that begins manifesting soon after exposure; Diabetes Mellitus Type 2, which is a disease that involves high blood sugar levels caused by an inability to respond to insulin; Hodgkin’s Disease, which is a malignant cancer that manifests as the enlargement of the lymph nodes, liver, and spleen; Ischemic Heart Disease, which is characterized by restricted blood flow to the heart, which in turn, causes chest pain; Multiple Myeloma, which is a cancer of the plasma cells contained in the bone marrow; Non-Hodgkin’s Lymphoma, which is a group of cancers that affects the glands; Parkinson’s Disease, which is a nervous system disorder that affects movement; Peripheral Neuropathy, which causes numbness, tingling, and motor weakness; Porphyria Cutanea Tarda, which is a condition characterized by liver failure and the blistering of skin exposed to the sun; Cancer of the prostate; Cancers of the lung, trachea, bronchus, and larynx; and Soft tissue sarcomas, which is a group of different kinds of cancers that affect the connective tissues and blood and lymph vessels. Veterans who suffer from diseases that do not fall under this list can only begin receiving disability payments if they provide proof that their illness was as likely as not connected to their service in the military. Although a doctor’s opinion is usually considered enough evidence to obtain payment, less than 50 veterans have been able to convince the VA to compensate them for bladder cancer. It is hoped that the newly published research will prompt the VA to begin compensating veterans for conditions like bladder cancer that have been newly linked to exposure to Agent Orange. Adding new conditions to the VA’s list is not unprecedented. In fact, the VA added three diseases to the presumptive list in 2010: Parkinson’s Disease, a certain type of leukemia, and Ischemic Heart Disease. Unfortunately, in this case, the VA has scheduled, but missed a number of deadlines by which they promised action. Contact an Agent Orange Attorney Today If you were exposed to Agent Orange and now suffer from bladder cancer, you need the advice of an attorney who can help you prove that the disease can be linked to your exposure. Please contact our Agent Orange legal team at The Comerford Law Office, LLC by calling 312-863-8572 to learn more.

Illinois residents who qualify as disabled and who cannot work full-time are often able to collect Social Security Disability Insurance (SSDI) benefits. Unfortunately, demonstrating to the Social Security Administration (SSA) that you qualify for benefits is a difficult process. To ensure that you are not unfairly denied benefits due to a filing error, you should retain a Chicago Social Security disability benefits attorney who can walk you through the filing process. Reviewing SSDI Requirements Before Submitting Your Claim Before applicants can begin receiving SSDI benefits, they must be able to prove that they qualify. One of the most important qualifications is that an applicant’s disability falls under the SSA’s definition, which means that: He or she cannot fulfill his or her regular job duties because of the disability; The disability has lasted for or will last for at least a year or will result in his or her death; and The condition is named on the SSA’s list of disabilities or his or her diagnosis is as severe as at least one of the illnesses or disabilities contained on the list. These eligibility requirements are not always easy to apply, so applicants seeking SSDI benefits are encouraged to carefully review them before submitting their claim. This also ensures that claimants are able to collect the medical evidence necessary to demonstrate the severity of a disability to the SSA. Official Diagnosis Claimants are much more likely to be approved for SSDI benefits if they receive an official diagnosis from a medical professional, as the SSA will not be convinced by a mere list of symptoms. Obtaining treatment and seeing a doctor regularly can also go a long way when it comes to proving that a condition is actually considered a disability by the SSA. It will also be necessary to provide the treating physician’s contact information, as well as proof of the dates of treatment, the names of all prescribed medications, and records of diagnostic tests and lab results. Retaining Work History Records Disabled applicants can only begin receiving benefits if they can pass two earnings requirements tests, which help determine whether a person paid taxes for long enough to justify providing that individual with benefits. This in turn requires the submission of a series of work history documents, including federal tax returns, W-2 forms, and a summary of all places of employment over the last decade. Finally, the SSA will need evidence that a claimant’s gross monthly income doesn’t exceed a certain threshold, which can be established through the submission of pay stubs, payroll slips, home mortgage records, checking account numbers, bank books, and insurance policies. Having these copies on hand can speed up the review process, so applicants can begin receiving benefits as soon as possible after filing. Schedule a Free Consultation with a Social Security Disability Benefits Attorney For help filing your own claim for SSDI benefits, please call dedicated Chicago attorney James R. Comerford at The Comerford Law Office, LLC. A member of our legal team can be reached by calling 312-863-8572 or via online message.

Those who qualify for Social Security disability benefits can actually continue to receive disability-related payments from other private sources, such as an insurance policy. However, benefits that come from a public source, such as the federal government, can affect whether a person can continue to receive Social Security Disability Insurance (SSDI) benefits and if so, how much he or she can collect, so if you are already receiving unemployment benefits or another form of public assistance, it is important to contact an experienced Social Security disability benefits attorney who can ensure that your benefits are not unexpectedly or unfairly terminated. Who is Eligible for Unemployment Compensation? In Illinois, residents are eligible to collect unemployment compensation if: They have earned enough money in the previous 18 months while working for an employer who was required to pay unemployment insurance taxes; and Their employment was terminated through no fault of their own. Finally, applicants must be physically and mentally able to work and available to accept suitable employment, which includes: Jobs that they are trained to safely perform; Employment that they are capable of performing; and Jobs that pay a similar salary. Illinois residents who satisfy these requirements and are approved can collect weekly payments to cover qualifying expenses until they get back on their feet. However, to continue receiving benefits, a person must be able to certify every week that he or she is able to, available for, and actively seeking work. Benefits are generally available for up to 25 weeks. SSDI Requirements Applicants are only eligible to receive SSDI benefits if they can prove that their disability makes it impossible for them to remain employed full-time by submitting medical records and evidence of an inability to work. This means that a person attempting to collect both unemployment benefits and Social Security disability payments would need to assert that he or she was unable to work as a result of a disability, while also claiming to be looking for work. These statements are in direct opposition to each other, so it is basically impossible for a person to legally obtain both unemployment and disability benefits. In fact, even attempting to collect both types of benefits can lead to fraud charges. When a person collects unemployment benefits while waiting to hear from the SSA about his or her eligibility for disability benefits, the latter will automatically be reduced to account for the period of time that he or she was collecting from both programs. In either case, recipients of unemployment benefits cannot continue to receive full payments from the SSA as well as the state. The Legal Representation You Deserve While those with disabilities are often able to collect benefits from multiple federal programs, they are generally not permitted to collect both unemployment benefits and compensation for disability expenses. If you have questions about what types of benefits you are eligible for, please contact James R. Comerford at The Comerford Law Office, LLC by calling 312-863-8572 or by sending us an online message to schedule a free case evaluation.

Although many people are not aware of it, there are actually a number of different ways that children can collect Social Security disability benefits. To find out whether you or your child qualifies for these types of federal benefits, please call a member of our Social Security disability benefits legal team today. Low-Income Children with Disabilities Children with disabilities whose families have a low income are often eligible to collect Supplemental Security Income (SSI) until they turn 18 years old, at which point they may actually be able to start collecting adult benefits. However, only those children who meet the Social Security Administration’s (SSA’s) disability requirements fall under this category. In these cases, a portion of the child’s parents’ income will be attributed to the minor for the purposes of determining whether the applicant is financially eligible. After turning 18 years old, the recipient will need to satisfy the definition of disability for an adult and can no longer use his or her parents’ income when determining eligibility. The SSA considers a person disabled if: He or she cannot do the work that he or she previously did; He or she cannot adjust to other work as a result of his or her medical conditions; and His or her disability is expected to last for a minimum of one year or to result in death. Only when a person satisfies this definition of disability can he or she collect benefits after turning 18 years old. Children with a Qualifying Parent Fortunately, just because a child does not qualify for SSI does not mean that he or she will be barred from collecting benefits. This is because children who are under the age of 18 years old and have a parent, adoptive parent, or stepparent who is receiving Social Security Disability Income (SSDI) or Social Security retirement benefits could be eligible to collect dependents benefits, which are also known as auxiliary benefits. This is true regardless of whether the child is him or herself disabled. Children who are 19 years old also fall under this category if they are full-time students. In these cases, children are eligible for up to 50 percent of their parents’ monthly benefit. Disabled Adults Those who are over the age of 18 years old, but who became disabled before they turned 22 years old can also collect disability benefits, but only if they have a parent who is eligible to collect SSDI or Social Security retirement benefits. In fact, this even applies to children whose parents are deceased, as long as they were entitled to one of those benefits before they passed away. Call Today for Help with Your Case If your parent is disabled or you have reason to believe that you qualify for benefits as a result of your own disabilities, please call The Comerford Law Office, LLC at 312-863-8572 today to speak with dedicated and compassionate Social Security disability benefits attorney James R. Comerford. Consultations are conducted free of charge, so please don’t hesitate to call or contact us online.

Last year, in an effort to reduce the federal budget deficit, Congress suggested lowering the budget of the Department of Veterans Affairs (VA). Although the request was quickly quashed, a new cost-saving proposal issued by the Congressional Budget Office (CBO) made similar implications, suggesting that around 235,000 disabled veterans be removed from the VA’s Individual Unemployability Program in 2020. Veterans removed from the program could expect to see their incomes decrease by around $1,300 a month. Although a number of veterans groups have urged the White House and the VA to disavow the proposal, its fate remains to be seen, so if you have questions or concerns about the program or another type of VA benefit, it is critical to speak with an experienced veterans benefits attorney who is well-versed in federal law. The Individual Unemployability Program If enacted, the CBO’s suggestions would remove more than 235,000 veterans from the Individual Unemployability Program, which is available to qualifying veterans who: Have received disability ratings of between 60 and 100%; and Are unable to secure employment because of those disabilities. Those who are accepted into the program are eligible to receive additional compensation, as well as access to healthcare. In its budget proposal, the CBO suggested removing veterans from this program once they turn 67 years old, as this is when beneficiaries become eligible for Social Security benefits. The group also suggested creating an alternative option that would permit veterans who are already enrolled in the program to keep their benefits, while only applying the age threshold to those who enroll after December of next year. Other Proposed VA Cuts In addition to significantly reducing the number of veterans who can participate in the Individual Unemployability Program, the CBO’s budget proposal also suggests making more intensive cuts to VA benefits. For instance, one of the group’s options involved stopping disability compensation payments to veterans suffering from any of the following seven medical conditions: Arteriosclerotic heart disease; Multiple Sclerosis; Osteoarthritis; Uterine fibroids; Hemorrhoids; Crohn’s disease; and Chronic obstructive pulmonary disease. Yet another option would reduce disability compensation for veterans by 30% once they reach the age of 67 years old, and would completely end payments to veterans with disability ratings of less than 30%. Although Congress approved a budget of more than $200 billion for the VA in 2019, many veterans and advocacy groups remain concerned that some or all of the CBO’s proposed budget cuts will be approved, which would affect thousands of veterans who are financially dependent upon the VA as a result of their disabilities. To find out more about these proposals and how they could affect your own claim, please contact our legal team today. Call Our Office Today to Set up a Free Consultation with a Dedicated Attorney To speak with an experienced veteran's benefits attorney about filing a form 9 or submitting your own claim, please call The Comerford Law Office, LLC at 312-863-8572 today. And remember, initial case evaluations are offered free of charge.

According to data published by the Social Security Administration (SSA), approximately 65 percent of applications for disability benefits are denied every year. Fortunately, those who have been denied benefits have the right to appeal the decision in court. There are, however, a variety of requirements with which claimants must comply. For example, all initial appeals must be made in writing within 60 days of the date of denial. Those who fail to abide by these rules will have their request for appeal denied. To help avoid this type of mistake, you should consider retaining a Social Security disability lawyer who is familiar with and can help you navigate the appeals process. Reconsideration The first level of appeal for those whose disability claims have been denied is known as reconsideration. During a reconsideration, a Social Security representative will evaluate the evidence that was submitted when the original decision was made. However, claimants are permitted to submit additional evidence to bolster their claim. In most cases, a representative will be able to conduct a complete review of all relevant files without requiring the presence of the claimant. Hearings Those who disagree with a reconsideration decision have further options, as they can request a hearing, which will be conducted by an administrative law judge. Prior to the hearing, the judge may ask the claimant to clarify certain information or will ask for additional evidence. At the hearing, the judge can question the claimant in person, as well as any witnesses who can support the claim, including medical and vocational experts. In some cases, judges are willing to hold hearings via video conference, so claimants are not required to travel a great distance. Video conferences are also usually scheduled faster than in-person hearings. Once the judge has heard all of the evidence, he or she will send a letter containing the decision. Appeals Council In the event that a claimant’s appeal is denied, he or she can ask for a review by the Social Security Appeals Council. However, the Appeals Council does not accept all requests, and if it believes that the hearing decision was correct, it will deny the claimant’s request. If the Council does decide to review the case, it will either make the decision itself based on the evidence presented in the earlier proceedings or send it back to an administrative law judge. Federal Court Claimants who disagree with the Council’s decision, or whose request for review was denied, have the option of filing a suit in federal district court. Both parties will present briefs where they will attempt to persuade the judge that, in light of the medical evidence, the lower court failed to make its decision in accordance with the law. However, no new evidence can be introduced at this time. Instead, the parties will be limited to the evidence that they presented in the earlier proceedings. After reviewing the evidence, the judge will issue a decision either remanding the case to the lower court, overturning the prior decision, or denying benefits. Although some claimants are successful in federal court, it generally becomes more and more difficult to convince a judge that the earlier reviews were incorrectly decided at this level. Contact a Disability Attorney for a Free Case Evaluation Today If you filed a claim for disability benefits that was denied, please contact us at The Comerford Law Office, LLC by calling 312-863-8572 to discuss your case with an experienced attorney.

While most people apply for disability benefits when they struggle with a physical medical condition, it is possible to collect benefits for a mental illness. Unfortunately, it is even more difficult to collect benefits for a mental illness than it is for a physical condition, so if you are struggling with a mental illness, it is critical to speak with an experienced Social Security disability attorney who can help you file a claim. Disability Ratings When evaluating whether a condition falls under the Social Security Administration’s (SSA’s) definition of a disabling condition, a representative of the agency will refer to the official list of impairments. This list contains medical conditions that Social Security recognizes as being inherently disabling. This means that the agency automatically accepts that someone who suffers from a listed condition is unable to participate in substantial gainful activity. The examiner will evaluate whether an applicant’s symptoms meet the criteria of a specific mental condition, and if they do, he or she will be eligible to collect benefits. Mental Disorders The SSA’s listings for mental disorders are divided into the following categories: Neurocognitive disorders; Schizophrenia spectrum and other psychotic disorders; Depressive, bipolar, and related disorders; Intellectual disorders; Anxiety and OCD; Somatic symptom disorders; Personality and impulse control disorders; Autism; Neurodevelopmental disorders; Eating disorders; and Disorders related to trauma or stressors. SSA examiners review a claimant’s medical records to determine whether his or her condition falls under one of these categories. Disability examiners also base their decisions on the clinical notes of mental health professionals and third party questionnaires. These questionnaires are completed by a claimant’s friends and family members who must answer questions about the claimant’s condition and normal daily routine. Residual Functional Capacity Assessments Fortunately, even if a disability is not included on the SSA’s list, claimants who have been diagnosed with a chronic mental condition may still be eligible for benefits if it prevents them from working. However, before a claim for benefits will be approved, the examiner will first evaluate a claimant’s Residual Functional Capacity (RFC) Assessment, which helps determine what kinds of work activities a claimant can participate in despite impairment or treatment. The SSA considers four different areas of functioning to determine a mental RFC, including: Understanding and memory, which evaluates how well a claimant can understand, remember, and carry out instructions; Social interactions, which refers to a claimant’s ability to interact appropriately with other people over a period of time; Concentration and persistence, which evaluates how well a claimant is able to focus on interests and activities; and Adaptation, which involves a claimant’s ability to respond to normal work pressures. If, after reviewing the evidence, the SSA decides that the disorder-related symptoms are so limiting that a claimant cannot perform any type of job, he or she can begin receiving benefits under a medical vocational allowance. Call Today to Schedule a Free Consultation With a Social Security Disability Attorney Please call The Comerford Law Office, LLC at 312-863-8572 if you are struggling with a mental illness and believe that you may qualify for disability benefits. A member of our legal team is standing by and eager to address your questions and concerns.

The U.S. Department of Veterans Affairs has created a ‘rating’ system for assessing the severity of applicants’ disabilities. The rating system is extremely complex. However, to simplify the issue, there are two important things that all veterans should know about their disability rating: The amount of benefits you are entitled to recover will depend on your VA disability rating; and The ratings are issued in 10 percent increments (0 percent to 100 percent) and they are meant to approximate impact on earning capacity that is caused by the disabling condition. Of course, it should also be noted that a person’s disability is never ‘static’. Indeed, it is common for disabilities to change. Many veterans report that their medical condition has become more severe as time passes. When this happens, an individual’s VA disability rating must be updated to accurately reflect the current state of the psychological and physical health. Here, our experienced Chicago veterans benefits attorneys explain the process for changing your VA disability rating. Four Steps to Modify Your Disability Rating Step 1: Carefully consider the circumstances - Technically speaking, you cannot file a request to have your disability rating increased. Instead, you can only file to have your overall case reviewed. This is a very important distinction, because it means that it is possible for your rating to be changed downward. If that happens, your benefits would actually be reduced. Step 2: Prepare the medical evidence - To successfully get your rating changed to a higher level, you will need strong supporting medical evidence that backs up your case. You should be able to provide extensive evidence in your favor. For the best results, you should always work with an experienced attorney through this part of the process. Your attorneys will be able to help you prepare a compelling claim. Step 3: File the claim – To get your disability rating changed, you will need to file the VA’s official Supplemental Claim for Compensation form, also known as 21-526b. Please be sure that this form is filled out properly before submitting your claim. Step 4: File an appeal – Finally, if your initial request for a change is not successful, you can file an appeal. After receiving a decision, it is imperative that you act quickly to protect your appeal rights. If you wait too long, you may not be able to appeal. Do You Need Legal Advice? Our team can help. If your psychological or physical condition has worsened, and you need to seek a change in your disability rating, please contact our team today. At the Comerford Law Office, LLC, our experienced Chicago veteran's benefits attorney will be happy to review your claim, free of charge, and help you determine exactly what you need to do next.

If your initial Social Security disability claim has been denied, you have likely been left feeling confused and frustrated. Please know that you are not alone. According to data collected and published by the Social Security Administration (SSA), less than 30 percent of all disability claims are approved following an initial review. Yet nearly 45 percent of all claims are eventually approved. This raises an obvious question: Why is there such a large gap? The answer is because many mistakes are made during the initial claims process, sometimes by applicants and sometimes by the SSA. If your claim has been denied, you need to keep fighting for your benefits. Here, our experienced Chicago Social Security disability attorneys discuss one of the most important aspects of the SSDI appeals process: The administrative law hearing. Administrative Law Judge Hearings: Three Frequently Asked Questions (FAQs) What is the Process for Requesting a Hearing? After you submit your initial SSDI application, you will need to wait for a decision that comes in the mail. If the decision is adverse, then your first step of appeal is to ask for a ‘reconsideration’. Essentially, this means that your file will be looked at again by a fresh pair of eyes at the SSA. If your claim is denied after a reconsideration, then you will need to request an administrative. This hearing can be requested by submitting a form online or by mail. Note that you must submit your request for a hearing within 60 days of receiving a decision from the SSA. The failure to act in the time period may result in your request for an ALJ hearing being denied. What Actually Happens During the Hearing? The ALJ hearing is extremely important. Indeed, during it, you will have the opportunity to submit evidence regarding any issue related to your claim. In their denial letter, the SSA must tell you precisely why they rejected your disability claim. This means that you will have a chance to directly address whatever perceived problem there is with your application at your administrative hearing by presenting evidence on the issue. More specifically, you may: Bring witnesses; Submit testimony from experts; and Present additional medical documents or evidence. Is the Administrative Law Judge’s Decision Final? No. The administrative hearing is merely the second step in the four step appeals process. After going through a hearing with an ALJ, you can request to have the judge’s decision reviewed by an appeals council. If you are still unhappy with the result of that review, you may then file a lawsuit in federal court. Contact Our Office Today At the Comerford Law Office, LLC, we have extensive experience handling Social Security disability claims. If your benefits were denied, we can help. To request a free review of your claim, please Call us today at (312) 863-8572 or reach out to us directly online. From our office in Chicago, we serve communities throughout the region, including Evanston, Skokie and Wilmette.

According to an April 30th, 2017 report that ran in the Boston Herald, the regional VA office in Massachusetts has been systematically mishandling veteran brain injury cases. Indeed, an investigation indicates that the office has incorrectly processed one in every six veteran traumatic brain injury claims. This is incredibly disheartening, and it shows that the VA is still a long way from being past the scandals that hit the agency in 2014. All brain injury cases must be taken seriously. Brain injury victims, particularly those who sustained their injury protecting our country, deserve their full and fair disability benefits. The Results of the 2015 Inspection The recently released inspection of the Boston VA regional field office covered the year 2015. During that time, the office processed nearly 17 percent of all TBI cases incorrectly. There were a wide variety of different errors made by the representatives at the office, including repeatedly miscalculating the disability benefits owed to several injured veterans. Notably, and perhaps not surprisingly, the majority of these errors were not in the favor of disabled veterans. As an example, in one case that was highlighted in the report, one former Iraq war veteran who had a very serious TBI, had his condition rated as ‘70 percent’ disabling. Upon review, investigators determined that the appropriate rating should have been ‘100 percent’. This is a very large and completely unacceptable error for the VA to make. To put this error into perspective, the veteran in question was underpaid by more than $31,000 over a two-year period as a result of this VA error. The Boston VA Office is Not an Outlier We have seen many different problems with VA regional offices all around the U.S. over the past several years. There is no reason to believe that the Boston field office is an outlier. You or your loved one may run into a similar problem at the Chicago Regional Benefit Office. The bottom line is clear: veterans deserve their full and fair benefits. Sadly many errors are made, and internal inspections rarely are sufficient to find these errors. If your veterans disability claim has been denied, or you believe that your disability rating is incorrect, please get in touch with a qualified attorney today who can assess your case and help you take corrective action. Contact Our Chicago Veterans Benefits Attorneys Today At the Comerford Law Office, LLC, our team proudly support veterans and their families. If you are having any problems with the Department of Veterans Affairs, we can help. Please do not hesitate to reach out to us today at (312) 863-8572 to schedule a free review of your case. We represent veterans in communities throughout Northern Illinois, including in Evanston, Oak Park and Oak Lawn.