Pittsburgh TV Reporter Paul Van Osdol Chronicles the Long Wait of QR Veteran

 Paul Van Osdol from Pittsburgh television station WTAE recently visited Quatrini Rafferty's office in Pittsburgh to interview our client, a veteran of the Iraq and Afghanistan conflicts. 

INVESTIGATIVE REPORT: Pittsburgh Vet's 50 year battle with the government | Investigations - WTAE Home

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The Veterans Disability Compensation @ Quatrini Rafferty

Greensburg   Pittsburgh   Latrobe

Guam: The new Agent Orange scandal?

Great article in the Daily Beast about the potential use of Agent Orange in Guam:

http://www.thedailybeast.com/the-hero-project/articles/2013/09/25/were-vets-who-served-in-guam-exposed-to-agent-orange-and-denied-benefits.html

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Quatrini Rafferty Veterans Disability

"I Was Awarded Social Security Disability for My Service Connected Conditions...Does That Mean I Am Automatically Eligible for Unemployability Benefits (TDIU)?"

The short answer:   No.

Now the long answer...

The Social Security Administration and the Veterans Administration use different standards to determine whether someone is unable to work.

The Social Security Administration uses a five-step process to decide whether an individual is able or unable to perform "Substantial Gainful Activity" on a consistent basis.  What type of work did they do in the past?  How old is the individual? Can the individual show up for work eight hours a day for each of the five days per week?  Can they maintain concentration for 85-90% of the work day?  Would they miss too may days in a month?  

What is important to note is that an individual can be rendered "disabled" by the Social Security Administration and still be "able" to perform some level of work - maybe part-time work or, depending on age, full-time sedentary (age 50-54) or light (age 55-59) level work.  

What is also important to highlight is that the Social Security Administration may have based their decision on both service-connected and non-service connected conditions. 

In contrast, the Veterans Administration will evaluate only service-connected conditions.  Step one for the VA to determine eligibility for unemployability / TDIU (Total Disability Based on Individual Unemployability) is to ask whether the veteran:

• has a a single service connected disability rated at 60% or more, or
• has two or more service-connected disabilities where the total rating is 70% and at least one disability is 40% or more.

If it is determined that the veteran meets the above criteria, the VA will then evaluate whether the veteran can perform a "substantially gainful occupation" due to their service-connected conditions.  Substantial gainful occupation has been defined by the Veterans Administration as an occupation that would provide a veteran with an annual income that exceeds the federal poverty level for one individual.

Note the distinction:  SSA is looking at whether you can perform "substantial gainful activity" of $1,000 or more per month, on a full-time basis, whereas the VA is trying to determine whether your service-related conditions preclude working at a poverty-level income. 

Make no mistake, an award from Social Security Disability is a helpful tool for pursuing a claim for unemployability/TDIU benefits.  However, it takes understanding the nuance between the two programs - something we know well from handling a large volume of both cases - to make sure the veterans receives the maximum amount of benefits.

If you have been denied unemployability benefits / TDIU by the VA, call (888-534-6016) or email our firm to set up a consultation at our offices in Greensburg, Pittsburgh or Latrobe.  We are also happy to speak over the phone to help you through the legal maze that is the VA.

- The Veterans Disability Law Group at Quatrini Rafferty

Greensburg     Pittsburgh     Latrobe
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Note:  The above discussion is simple and generic.  Each case is different and requires a review of the facts by our office and most likely a consultation with medical/vocational resources. 

A good start to the week...

Two remands from the Board of Veterans Appeals...sarcoidosis issue, and, combined back injury / GERD claim...

...and a successful application for benefits from the Pittsburgh Regional Office.

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- Veterans Disability Compensation Group at Quatrini Rafferty

Greensburg     Pittsburgh     Latrobe

Diabetes Progressing to Neuropathy: Pain with Every Step

Sadly, as those with diabetes know, diabetic neuropathy of the hands and feet make the simple locomotive functions of life painful:

http://www.post-gazette.com/stories/news/health/diabetic-foot-problems-are-one-of-the-most-serious-complications-of-the-disease-688342/

If your service-related diabetes has progressed into diabetic neuropathy, you may be entitled to increased benefits from the VA.


- Veterans Disability Law Group at Quatrini Rafferty

Greensburg      Pittsburgh       Latrobe

www.qrlegal.com 

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...and taking each opportunity to discuss the painful veterans backlog with the people in charge

Afternoon meeting with staff of Pennsylvania Senator Robert P. Casey, Jr. to discuss our clients' experiences with the backlog, and, what we think can be done to right the ship

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Taking Every Opportunity to Learn...

Attending the National Organization of Social Security Claimants Representatives (N.O.S.S.C.R.) annual conference in Washington, D.C....great session on TBI and PTSD

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- Veterans Disability Law Group at Quatrini Rafferty

Serving veterans in Pennsylvania, and the surrounding states, from our offices in Greensburg, Pittsburgh, and Latrobe