Tampa, FL (Law Firm Newswire) September 8, 2017 – A U.S. Navy veteran has been considered 90 percent disabled and unemployable by the Department of Veterans Affairs (VA). However, when he submitted an application for back pay, he was denied receipt of such payments by the social security administrative law judge (ALJ), who also cancelled his benefits.
Tampa, Florida social security disability lawyer, David W. Magann states “Due to a change in the rules of the Social Security Administration (SSA), an ALJ will no longer grant special consideration to a disability claim decision made by the VA.” “This means it is even more important for individuals to obtain proper representation in their application for social security disability benefits.”
Daniel Norfleat, age 53, suffers from post-traumatic stress disorder (PTSD), depression and a serious case of insomnia. He takes 24 pills a day to treat his pain, depression and insomnia. Additionally, he has endured a heart attack, a stroke and knee surgeries. He usually gets only about three to four hours of sleep per week. And when he is not asleep, he is in pain.
The SSA gave its approval of his disability benefits in 2015. Approximately one year ago, his lawyer recommended that he apply for back pay from the SSA for the time he could not work while he was awaiting approval. At the time of his hearing, the social security ALJ denied him the back pay and cancelled his benefits, stating that he was employable.
His wife, Deloris questions why the two government agencies are not in agreement. She said her husband has 15 physicians, each of whom is unaffiliated with the others. Each doctor is treating him for a different condition, and all have determined that he is unable to work.
According to Marilyn Zahm, the president of the Association of Administrative Law Judges, the SSA is not required to concur with the decision of the VA because the two agencies apply different criteria when determining disability. In March of this year, the agency modified a rule that some think will make it more challenging for veterans seeking social security disability benefits.
Previously, when a veteran was considered unemployable by the VA, the social security judges had to provide an explanation as to why they disagreed with the ruling of the VA. According to the SSA, the most significant factor in deciding whether an applicant is disabled is the credibility and consistency of the medical evidence, and not a medical opinion, even if it arises from a doctor at the VA.
Learn more at http://www.tampaveteranslawyer.com/
David W. Magann, P.A.
156 W. Robertson St.
Brandon, FL 33511
Call: (813) 657-9175
4012 Gunn Highway #165
Tampa, Florida 33618
- Camp Lejeune: Water Contamination Update, Presumptive Conditions
From the 1950s through the 1980s, people living or working at the U.S. Marine Corps Base Camp Lejeune, North Carolina, were potentially exposed to drinking water contaminated with industrial solvents, benzene, and other chemicals. VA has established a presumptive service connection for Veterans, Reservists, and National Guard members exposed to contaminants in the water supply at Camp Lejeune from August 1, 1953 through December 31, 1987 who later developed one of the following eight diseases: Adult leukemia Aplastic anemia and other myelodysplastic syndromes Bladder cancer Kidney cancer Liver cancer Multiple myeloma Non-Hodgkin’s lymphoma Parkinson’s disease Presently, these conditions are the only […]
- How to File a Complaint With the Department of Veterans Affairs
Different aspects of Veterans Administration (VA) operations fall under the responsibility of different agencies, you don’t simply file a complaint with the VA, rather, you file a complaint with the agency, bureau or person that oversees that aspect of the VA operations. The following are the general aspects of filing a complaint and your specific complaint may vary depending on the VA operations you are encountering. Health Care Complaints If you have a dispute about a patient’s health care, call the patient advocate at the VA medical center involved. A patient advocate is an employee responsible for taking your complaint and working […]
- PTSD, "Post" Means After And At Any Time
Government analysis finds Veterans with PTSD can suffer for decades before acknowledging the disorder. The year 2014 marks the 100th-year anniversary of the beginning of World War I, the so-called war to end all wars. And in a bit of irony, a study was released on August 8 that has found that, like the consequences of the “Great War,” the after-effects of combat stress among veterans, just like the after-effects of old wars upon conflicts years later, seems to linger for decades. The study, which was commissioned by the Department of Veterans Affairs, tracked veterans from as far back as the Vietnam […]