How Long Does VA Disability Last?

After spending years of their lives defending our country, military veterans deserve to be taken care of when they’re disabled by injury or illness. That’s why the federal government offers disability benefits to sick and injured veterans.

Unfortunately, these benefits can be hard to obtain, and the rules that determine how they’re awarded can be difficult to understand. Even basic questions like, “How long do VA disability benefits last?” can be challenging to answer.

If you have questions about disability benefits for veterans, the disability lawyers at the law offices of Derek L. Hall, PC can help. Hall and his team have been helping people throughout Mississippi with legal representation for more than 25 years. Unlike larger firms, we make sure you have direct access to your attorney whenever you need it, and we provide 24/7 access to your case file online.

You can call our office or visit our contact page for a free initial consultation. We look forward to hearing from you.

How Are Veterans Disability Benefits Originally Determined?

The first step to obtaining disability benefits through the Department of Veterans Affairs (VA) is to see if you qualify for benefits.

According to the VA website, to be eligible for benefits, you must meet the following requirements:

• You must have served in the armed forces, which includes active-duty service, active-duty training, and inactive-duty training.
• You were injured or got sick during your service, and that illness or injury is related to your service.
• You can also qualify for disability benefits if you had a pre-existing injury or illness that was aggravated by your service in the military.
• You can also qualify for disability benefits if your disability is related to your military service, but it did not appear until after you had finished your service.

Veterans and certain dependents can apply for benefits. Generally, you will need supporting documentation of your disability from a doctor, but there are a few cases when someone is presumed to have a disability, which makes the application process go more quickly.

These cases include:

• A chronic illness that appears within one year of a veteran being initially discharged from service
• An illness caused by long-term exposure to certain hazardous materials
• An illness or injury caused by time spent as a prisoner of war

Once you file your initial application, the VA will take a look at the documents you provided and determine if you are eligible for benefits. In some cases, you will need to undergo an exam from a VA-selected doctor to make sure you qualify for benefits. If you are deemed eligible, the VA will assign you a disability rating. These ratings are in 10 percent increments and determine how much you will receive in benefits. Once you’ve been assigned a rating, you will begin to receive benefits for as long as the disability continues.

When May the VA Reduce My Disability Compensation?

In most cases, the VA will want to re-evaluate your case after a certain period of time to see if your condition has improved. The likelihood of the VA re-evaluating your case will depend on the nature of your injury or illness and how likely your condition is to improve. For example, veterans over the age of 55 are not likely to have a re-evaluation exam scheduled because their age means their condition is unlikely to improve. The same is true for veterans who have already been receiving benefits for several years.

If the VA determines that your illness or injury has gotten better after another examination, they may assign you a lower disability rating, which would lower your compensation. If they determine that you are no longer disabled, they can cut off your disability benefits entirely.

It’s important to know that if a veteran receives a 100 percent disability rating — in other words, if they are deemed to be completely and permanently disabled — they generally cannot have those benefits reduced or dropped unless a medical exam shows “material improvement” in their condition. If the veteran has been receiving disability benefits for 20 years or longer, these benefits cannot be reduced at all.

Is It Possible for a Veteran to Lose Disability Benefits?

There are a few ways that a veteran can lose their disability benefits. The first and most common way is if their medical condition improves to the point that they are no longer disabled.

The other ways by which someone can lose their VA disability benefits generally involve an element of deception or fraud. For example, accepting benefits for which you are not eligible could lead to you losing those benefits, in addition to gaining you criminal penalties.

Certain crimes against the federal government, such as treason or mutiny, can also result in the loss of VA benefits. If you are convicted of a crime and are sentenced to more than 60 days in jail, your benefits will either be reduced or dropped after your 60th day in jail until you are released.

Talk to an Experienced VA Benefits Lawyer in Jackson Now

If you’re a veteran applying for disability benefits, you should speak to a disability lawyer as soon as possible. This process can be complicated. You’ll want to make sure you have extensive documentation of your disabilities before filing your application. A disability attorney can help you gather the information you need and make sure that your injuries are fully substantiated.

A disability lawyer can also help your case in other ways. If you’ve been receiving benefits and the VA is seeking to have them lowered, an attorney can help show that your condition has not improved and that your benefits should continue at the existing rate. If your initial application for benefits is denied, a lawyer can help you file an appeal to make sure you get the money you need.

Don’t wait to speak to an experienced VA benefits attorney. Call the office of Derek L. Hall, PC today or visit our contact page for a free case review.

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How to Collect Social Security Spousal Benefits

If you have limited income, Social Security benefits can serve as a lifeline to help you pay your bills and everyday expenses. These benefits become even more critical if you become disabled or your spouse passes away. In that scenario, spousal benefits through Social Security could become your only source of income.

Unfortunately, obtaining Social Security spousal benefits is not easy – even for people who desperately need help. If you’re having trouble collecting Social Security spousal benefits, the attorneys at the law offices of Derek L. Hall, PC are ready to help. Our team has decades of experience with these cases. We always provide one-on-one attention to our clients throughout their case, and we return all phone calls, emails, and online questions within 24 hours.

Don’t let the Social Security bureaucracy prevent you from getting the benefits you need to get by. Call our Jackson, MS social security benefits attorneys or visit our contact page today to schedule your free initial consultation.

Who Is Eligible for Social Security Spousal Benefits?

There are two different kinds of Social Security spousal benefits. The first is standard spousal benefits, and the second is survivor’s benefits if your spouse passes away.

You are eligible to apply for spousal benefits if you meet the following three conditions:

• Your spouse has already started collecting Social Security retirement benefits.
• You have been married for at least one year.
• You are at least 62 years old. If you are taking care of a child that is younger than 16 or disabled, the age limit is waived.

Depending on your age when you apply for benefits, Social Security spousal benefits pay between 32.5 percent and 50 percent of your spouse’s earnings. If you are also eligible for your own retirement benefits, you can collect these benefits or spousal benefits. The Social Security Administration (SSA) will pay whichever option is higher.

To collect Social Security survivor’s benefits, you must meet the following conditions:

• You were married to your spouse for at least nine months before they died, unless their death was accidental or they died in the line of duty while serving in the military. In these cases, there is no minimum time period.
• You must be at least 60 years old. If you have a disability, the minimum age is 50, and there is no minimum age if you are caring for a child that is younger than 16 or disabled.

The amount you can receive in survivor’s benefits will depend on how much your spouse was receiving before their death and the age at which you file for benefits. You can read more here to find out more about how much you could receive.

Steps to Get Social Security Spousal Benefits

Obtaining Social Security spousal benefits or survivor’s benefits can be a challenge, even if you know the steps involved. There’s a lot of information you’ll need to gather, and there’s no guarantee that you’ll get the benefits if you apply for them.

Here are the basics on how to apply for Social Security spousal benefits or survivor’s benefits:

• Gather your documents — You’ll need your Social Security number, your spouse’s Social Security number, your tax forms, birth certificates, marriage or divorce certificates, and other vital information.
• Fill out the application form — This can be done online or at your local Social Security office.
• Wait to hear back from the SSA — They’ll review your information to determine if you’re eligible for benefits and how much you will receive if you’re eligible. Once the SSA has reached their decision, they’ll send you a letter outlining their reasoning. If you’re deemed eligible for benefits, the letter will explain how much you’ll receive, and you can start collecting benefits right away. If you’re deemed ineligible, the letter will explain why.

A denial of spousal or survivor’s benefits isn’t uncommon, but there is an appeals process if your initial application process is denied. A Social Security benefits attorney can help you with your appeal to help you get the benefits you deserve.

Why It Might Be Beneficial to Collect Spousal Benefits

If you’re already receiving Social Security benefits, or if you’re already living comfortably, you may be wondering why you should go through the trouble of applying for spousal or survivor’s benefits.

Here are a few reasons why you should consider applying for these benefits:

• You may be entitled to more benefits than you’re getting. Depending on your work history and other factors, you could potentially receive more money from spousal benefits than you’re currently getting from your own retirement benefits. While the SSA won’t pay both your own retirement and spousal benefits, it will pay you whichever is higher.
• Life is unpredictable. While you may be healthy and still working, an unexpected injury or illness could dramatically alter your lifestyle and income. Applying for spousal benefits ahead of time provides extra security in case anything goes wrong.
• You’ve lost your spouse. While you don’t have to apply for survivor’s benefits once your spouse passes on, the money could be very helpful if you have limited financial resources or if you’re raising a child. Survivor’s benefits can be a lifeline if your finances are strained after the death of a spouse.

When Do You Need a Social Security Lawyer?

Because of the complex rules surrounding Social Security benefits, we strongly recommend that you speak to a lawyer before filing an application for spousal benefits. If you prefer to file the initial application yourself and your first attempt is denied, you should definitely speak to an attorney.

Our Mississippi Social Security lawyers understand the details of this system. We stand ready to help you fight for the benefits you deserve.

To schedule your free initial consultation with a Mississippi Social Security attorney at Derek L. Hall, PC, call us or visit our contact page now.

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5 Reasons to Hire a Product Liability Lawyer

If you were injured by a dangerous or defective product, you may be eligible for compensation. Product manufacturers and distributors have a legal responsibility to ensure that their products are reasonably safe and won’t cause injury or illness if used as intended. Hiring an experienced, skilled product liability attorney can help your case goes as smoothly and as efficiently as possible.

Contact the product liability legal team at Derek L. Hall, PC. today by calling us or reaching out online for your free consultation.

1. The Value of an Experienced Negotiator

   You should never take a settlement from a company without first consulting an attorney. Corporations that made a defective or dangerous product may try to offer you a quick out-of-court settlement if you agree to drop your legal claim. While many product liability lawsuits do indeed end in settlements that are highly favorable for the injured, it’s essential that you have an experienced negotiator to advocate for you in the settlement process.

   Oftentimes, a company will automatically offer you a higher settlement if you are represented by a skilled, well-known product liability law firm. The company knows that going up against an attorney will require time and money, and they will be more incentivized to cut their losses and offer a good settlement early on.

2. We Won’t Charge You Anything Until We Win Your Case

   We understand that many people don’t have the ability to pay upfront for access to high-quality legal representation. At Derek L. Hall, PC, we believe that everyone should have access to our legal services, regardless of their financial situation. Furthermore, we know that the injuries caused by dangerous and defective products can lead to enormous medical bills. Paying for legal representation before you have received compensation is impossible for many people.

   For these reasons, we work on a contingency-fee basis. This means that we won’t charge you any fees unless and until we win your case. At that point, we take a percentage of your overall settlement or verdict as our payment. You never pay us directly out of your pocket. In the case that we do not obtain a favorable verdict on your behalf, then you do not owe us any money. This means that you can retain our legal representation with zero financial risk.

3. A Wealth of Legal Knowledge

   An effective product liability claim requires an extensive, nuanced understanding of product liability law. This means knowing the ins and outs of rules, regulations, statutes, and case law. A product liability firm with a true wealth of legal knowledge of the product liability practice area will be able to mount a creative, innovative, and effective strategy to pursue the compensation you deserve.

   When choosing a product liability attorney, make sure you select one who has spent significant time practicing in that area. In complex fields like product liability, there is no replacement for time spent practicing. Trial attorney Derek Hall has been practicing for 25 years and has a solid reputation in the legal community. His proven track record has gained him respect from colleagues and adversaries alike.

4. Representation in Court

   While many product liability cases end in settlement and do not go to trial, there are many cases every year that require a trial. This usually occurs when a company is unwilling to fairly compensate an injured product user in a negotiated out-of-court settlement. For this reason, it is critical to hire a product liability attorney who is a skilled trial attorney.

   The facts that you must prove in a product liability case depend on the kind of legal strategy you and your attorney decide to employ. In general, however, you must prove that you suffered injuries from a product that was dangerous or defective. You’ll need to provide medical documentation and may need to have a doctor testify about your medical condition. You also may need witnesses, photographs, videos, or other evidence to prove that your injuries directly resulted from the product.

   Proving that the product was dangerous or defective can be complicated. The company that made the product may argue that you used it improperly or ignored warning signs. In order to effectively refute such arguments made by the product manufacturer, you need an attorney who has the skills and resources to fully investigate your accident, collect relevant evidence, and put it all together into a compelling legal argument.

5. We Understand Time Limits

   In Mississippi, individuals injured by a dangerous or defective product have three years after the incident to file a lawsuit. If you file a lawsuit after three years have passed, it will almost certainly be dismissed and you will forever lose your opportunity to seek compensation. Your product liability attorney will ensure that your case is ready prior to that time limit to ensure you are eligible to file your lawsuit.

   In some product liability cases, it is clear when that three-year countdown clock begins. In others, especially those in which medicine or medication causes illness or injury, it can be more difficult to determine when the clock started ticking. In these situations, the time typically begins to run when you are first diagnosed with a medical condition or when you reasonably should have discovered it.

   If you don’t realize until much later that your condition is connected to a dangerous medication, you may still be able to file a product liability lawsuit, but you need to get started as soon as possible.

Contact a Product Liability Lawyer Today

At Derek L. Hall, PC, we understand the devastating consequences that a dangerous or defective product can have on an individual’s life. All consumers have a reasonable expectation that the products they are using or consuming are safe. When a company fails to ensure the safety of their products, they should be held accountable for the losses that result.

Call us today or fill out our easy online contact form for a free and confidential consultation.

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