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Government Benefits Lawyer

The Eichholz Law Firm understands the complexities of government benefits and how the application process works. Without consulting an experienced government benefits lawyer, individuals risk application delays that may take months or even years. There are thousands of people who will represent themselves and are rejected on the first application submission. This leads to eligible applicants believing that they are not qualified for any benefits or disability.

Government benefits may take on one of a number of forms. The government program can either be administered by the federal or state government. Some programs are federal programs, but they are administered by the states. Health insurance under the Affordable Care Act and Medicaid are handled at the state level.

In addition to Social Security Disability and veterans benefits, there are many other different kinds of government benefits that are available. Whether or not one qualifies for these benefits depends on several factors, including income level. Here are some other government benefit programs that are in existence.

  • Temporary Assistance for Needy Families
  • Section 8 Housing Vouchers
  • Supplemental Nutrition Assistance Program

Beyond these programs, there are hundreds of government benefits that are available to eligible individuals. Each one of these programs will have their own eligibility rules and means to apply to the program.

Individuals who are disabled and are unable to work may be qualified to receive disability benefits from either the Social Security Administration or from the Veterans Administration. Our personal injury law firm handles both veteran’s benefits cases and social security disability cases for individuals who are eligible but have been rejected.

What Are Veteran’s Benefits

Veterans with a service-related disability may be eligible to receive benefits from the Department of Veterans Affairs. Families of those who have died while serving in the U.S. Military are also able to receive benefits and support.

VA benefits provide help to those in need and are applicable to most veterans. Below are the five primary groups:

  • Education
  • Housing assistance
  • Medical benefits
  • Pensions and life insurance
  • Vocational rehabilitation

What Are Social Security Benefits

Social Security benefits are payments given to disabled and retired individuals. The Old-Age, Survivors, and Disability Insurance (OASDI) Program is a government benefits program that is used to provide support and partial income replacement to individuals unable to work due to old age, the death of a spouse, or disability. Qualifying and applying for Social Security benefits is now an extremely complex and difficult process because of the large number of fraudulent claims attempted each year.

There are four primary types of Social Security benefits, which are based upon a person’s record of Social Security earnings. The categories for Social Security disability benefits include:

  • Social Security Disability Insurance (SSDI)
  • Supplementary Security Income (SSI)
  • Disabled Widow’s Benefits (DWB)
  • Disabled Child (DC)

Applicants who are eligible to receive benefits and meet the specified criteria will be awarded payments regardless of personal financial standings. Some eligibility requirements include, but not limited to, are:

  • The applicant must be unable to work at their previous type of job.
  • The applicant must be unable to perform any other available work.
  • The applicant must have been disabled or impaired for at least 12 months.
  • The injury of the applicant must conform to the federal definition of “severe impairment.”
  • The applicant must be unemployed when the request is filed.

The Appeal Process

When it comes to Social Security Disability and VA benefit claims, the appeals process will be somewhat judicial in nature. The first thing is to request that the decision be reconsidered. In some limited circumstances, when given new information, the government agency may reverse their decision. However, this is rare. The second step is requesting a hearing. There are administrative law judges who hear the appeals. They may choose to conduct a hearing where evidence is presented. They will then write a legal decision that will explain why they believe the claimant is not entitled to the benefits that they have claimed. Given the judicial nature of this hearing, it is best to bring an attorney to a hearing.

Even if you do not obtain a favorable decision from the ALJ, there are still several more chances to get benefits. Some cases have been reviewed by the Appeals Council. However, they will give some level of deference to the ALJ’s decision and will not reverse it unless certain limited exceptions apply. The last step in the appeals process is to take the case to federal court. This is an expensive and time-consuming option, but it exists as a last resort.

Contact Our Government Benefits Lawyers

If you or a loved one qualifies for Veteran’s Benefits or Social Security Benefits and are looking to file an application, call to speak with our Government Benefits lawyers at The Eichholz Law Firm. We offer free consultations and will evaluate your eligibility for government benefits. If you have already submitted an application but were denied, The Eichholz Law Firm will provide assistance with appeals and how to greatly improve your chances for approval. Contact us today at (855) 551-1019 or fill out an online form to see how we can help you.

Please seek the advice of a medical professional before making health care decisions.
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