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.

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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.

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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.

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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.

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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.

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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.

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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.

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The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that governs employer sponsored retirement plans. ERISA is notoriously complex, and many individuals run into confusion and challenges when they are seeking to assert a disability claim under their plan. Here, our experienced Chicago ERISA disability attorneys discuss a recent case that highlights one the most important ERISA concepts: the difference between diagnosis and disability.

The Case of Decovich v. Venetian Casino Resort, LLC

• Factual Background

Decovich v. Venetian Casino Resort, LLC was decided in January of 2017 by a Nevada district court. That being said, this case provides instructive information for ERISA claimants all around the country, including in Illinois. The case centered around a Las Vegas casino card dealer who developed a medical condition that left her with widespread, chronic pain. She received a valid medical diagnosis for this condition from her local physician. However, when she sought disability benefits, her claim was denied. This remained true despite the fact that she had a valid diagnosis.

• Why the ERISA Disability Claim Was Denied

The court accepted that her diagnosis was valid. However, the court agreed with the insurance company’s argument that the plaintiff failed to present any evidence that her diagnosis actually prevented from her working. More specifically, the court pointed to the fact that none of her medical records contained any information related to ‘job restrictions’ or ‘the inability to work’. Thus, while the medical diagnosis was valid, there was simply insufficient information provided to establish a disability claim.

• What This Means For You

This case provides a textbook demonstration of the importance of getting proper medical documentation and records. The burden of proving a disability is always on the plaintiff. The courts have made it very clear, under ERISA regulations, a diagnosis is not, by itself, sufficient to get disability benefits. Getting your condition properly diagnosed is a required first step in the claims process, but you also need to ensure that you have medical documentation that explicitly asserts that your condition will prevent you from working.Disabled individuals should always work with an experienced ERISA claims attorney who can help them ensure that they have the proper supporting evidence needed to prevail in their case.

Contact Our ERISA Attorneys Today

Were you denied disability benefits in Illinois? If so, we can help. At the Comerford Law Office, LLC, we have extensive experience handling a wide array of ERISA claims. To learn more about what our lead attorney, James Comerford can do for you, please call us today at (312) 863-8572 to set up your free initial legal consultation.

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If you applied for Social Security disability benefits (SSDI) and received a “technical denial,” you may be wondering what that means. SSDI claims are commonly rejected based on medical grounds, meaning that the Social Security Administration (SSA) did not feel that the claimed medical conditions were sufficient enough to warrant SSDI benefits. However, a technical denial occurs when the claimant is found ineligible for benefits even before the SSA reviews the medical proof. In order to help you understand why you might have received a technical denial, consult with the Chicago Social Security lawyer at The Comerford Law Office, LLC today.

Grounds for a Technical Denial

When individuals come to us with a technical denial, we explain to them that there is one of three reasons that they could have been denied. They include:

• Making Too Much: If, despite your disability, you are employed, and if you make more than the “substantial gainful activity (SGA)” threshold, which is currently $1,130, you will receive a technical denial;
• You Did Not Work Long Enough: In order to be eligible for SSDI benefits you must have worked a certain number of years and contributed to the nation’s overall Social Security fund. The amount of years you must have worked is directly related to your age. To learn more about the age/contribution eligibility requirements, check out this contribution and benefit base chart.
• You Have Not Worked Recently Enough: Another reason that you may have received a technical denial is because you have not worked recently enough—or, more specifically, you were not disabled before the date that you were last insured. SSDI lapses if you do not pay into it. As a general rule, the SSA requires that you worked at least five of the past ten years in order to qualify for SSDI benefits. If you have not, and if your disability did not occur within five years of the date last insured (DLI), you may have received a technical denial.

Appealing a Technical Denial

Unfortunately, most technical denials are set in stone and cannot be reversed. For instance, if you have not contributed enough to SSDI through work credits, appealing the administration’s decision is not going to change that fact. However, if you feel that the SSA unfairly or wrongly evaluated your income, or if the denial was due to missed paperwork, missing information, or some other error, we may be able to build a case.

Though appealing a technical denial is not always easy, if you believe that you were wrongly denied your Social Security benefits, reach out to the team at The Comerford Law Office, LLC for a case evaluation, advice, and a legal strategy. To schedule a free consultation with James R. Comerford, leading attorney and founder of our Chicago firm, call 312-863-8572 today.

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According to MedlinePlus, post-traumatic stress disorder (PTSD) affects nearly 31 percent of all Vietnam veterans; 10 percent of Gulf War (Desert Storm) veterans; 11 percent of the War in Afghanistan veterans; and 20 percent of Iraqi war veterans. PTSD is a very serious condition in which the sufferer relives one or more traumatic events from their past. This condition causes extreme fear and anxiety in both sleeping and waking life. In fact, PTSD has been described as an extreme form of an anxiety disorder. However, unlike other anxiety disorders, PTSD can occur for a considerable amount of time after the traumatic event, and even affect the afflicted their entire lives.

Fortunately, regulations passed in 2010 made it easier for veterans to obtain benefits for PTSD; however, that does not mean that all sufferers receive the compensation they deserve for putting themselves in such a dangerous situation in the first place. If you or a loved one suffers from PTSD, and if you are having difficulties in obtaining your benefits, reach out the James R. Comerford of The Comerford Law Office, LLC in Chicago, IL. With years of experience in helping veterans fight for their rights to benefits, our legal associates have what it takes to help you achieve a successful outcome to your case.

Qualifying for VA Benefits Due to PTSD

In order to qualify for benefits for PTSD, you must first file your claim with the Veterans Administration (VA). They will send you to a psychiatrist who will examine you and make a diagnosis. If it is confirmed that you do, in fact, suffer from PTSD, you must meet the following extra requirements:

• Your symptoms are directly related to a traumatic event that happened during your time of service (the “stressor”);
• The VA psychiatrist confirms that the stressor was enough to cause PTSD;
• The stressor is related to fear of hostile military or terrorist activity; and
• The stressor is one that is likely to have happened in the locations of your service, and under the circumstances you described (and there is no evidence to the contrary).

Thanks to the new guidelines implemented in 2010, veterans no longer have to provide evidence of the triggering event, thereby making it much easier for veterans to obtain their benefits in a timely and stress-free manner.

PTSD Disability Rating

As with all combat-related injuries, the VA is going to want to know how severe your injuries are. In this case, they will measure the severity of your PTSD symptoms, how frequently they occur, and how much your symptoms hinder your ability to perform normal, everyday functions, including work. Your disability rating can range from 10 percent (symptoms are slight and can be successfully managed with medication) to 100 percent (symptoms are severe, occur frequently, and require ongoing, extensive therapy). For a complete list of ratings and what each entails, visit this website.

Consult a Chicago Veterans’ Benefits Lawyer

Though proving PTSD is easier today than it was ten years ago, many veterans’ continue to not receive the proper care and compensation that they need to get better. Our job at The Comerford Law Office, LLC is to ensure that wounded veterans’ are not slighted by the U.S. government which they served, and that they obtain the benefits they fought for and deserve. If you have been denied benefits for PTSD, call VA benefits lawyer James R. Comerford at 312-863-8572 to schedule a free consultation today.

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