Frequently Asked Questions
Can I receive VA disability compensation and continue to work?
In the Social Security disability system, in order to receive benefits, the standard is, "you are not capable of any form of gainful employment.” Unlike Social Security Disability, you can work while receiving VA disability compensation. Your VA disability benefits is based on how your service-connected disabilities impact your ability to work.
Can I receive VA disability compensation and Social Security Disability benefits at the same time?
Social Security Disability Income (SSDI) does not have a barrier to net worth or income provisions. Regardless of the home, the vehicle you own, or investments you've made - or alimony or pension from previous employment, this would not prohibit you from receiving SSDI. Similarly, this would not prohibit you from qualifying and receiving VA disability benefits. Even if you were to qualify for a 100% TDIU rating, you would still qualify for SSDI benefits either under the SSDI guidelines or the VA Disability guidelines.
How long will the VA take to decide my disability case?
The average length of time to adjudicate any claim or appeal depends on many factors, including the type of appeal or claim, the Regional Office, the number of disabilities to decide, any necessary development, and the overall complexity of the case. Cases in the VA’s legacy appeal system can take years. In contrast, the VA has set the following timeliness goal for adjudicating AMA appeals:
- Supplemental Claims: within 125 days
- Higher Level Review: within 125 days
- Board of Veterans’ Appeals – Direct Review Docket: within 365 days
- Board of Veterans’ Appeals – Evidence and Hearing Docket: over 365 days
Do I have to hire a Veterans Disability lawyer?
No, the VA does not require you to hire a lawyer for your appeal. However, remember that the VA also unfairly denied your benefits. Statistics show that veterans with representation receive more benefits, faster. The Veterans Disability attorneys at Rob Levine & Associates know the law as well as the ins and outs of the VA system. When you combine an experienced, knowledgeable Veterans Disability attorney with a veteran who can assist by explaining the details of the facts of a case, there is no better team to help you get the disability benefits that you deserve.
What does it cost to hire a Veterans Disability lawyer?
Rob Levine & Associates only gets paid if you win your appeal. If we assist you with an initial claim and you win, there is no fee. If we win your appeal, we are paid a percentage of your past-due benefits (also referred to as your retro award). This means that we take nothing of your future benefits that we help you establish – we are just paid from your retro award. We will never ask for money upfront. If your case isn’t won, you pay us nothing.
What does a Veterans Disability lawyer do?
An effective attorney can put you in a position to win your appeal the first time around, saving you years of disappointment and frustration. Veterans’ claims often get caught in a cycle of denial, appeal, remand, denial, appeal, remand, denial, appeal, remand, and so on. An experienced attorney can effectively present the law and the facts to the VA the first time around, which in many instances gets veterans their disability benefits faster. When you choose our dedicated team of experts at Rob Levine & Associates to represent you, we take an all-hands-on-deck approach to win your case. As part of our proven process, our team will:
- File your appeal with the VA;
- Construct a personalized evidence development plan tailored to each claim;
- Perform cutting-edge service record and medical research;
- Draft a comprehensive legal brief in support of your appeal; and
- Routinely follow up with you to provide an update on the status of your case.
Where do you provide services?
The fully accredited attorneys at Rob Levine & Associates represent veterans nationwide. Contact us today for a free case evaluation.
544 Douglas Ave
Providence RI 02908