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VA or Veterans Disability Benefits and Social Security Disability: How does one affect the other?

If a claimant has a VA Disability Rating Decision SSA must consider that evidence. Although the evidence is not “binding” on SSA (20 CFR sec. 404.1504) it can not be ignored. 20 CFR sec. 404.1512(b)(5), SSR-06-3p. In four Circuits including Florida the VA Disability Rating Decision is entitled to “great weight”.  Brady v. Heckler, 724...
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Children obtaining age 18 and on SSI: What is the review process?

The applicable law is found, of course, in the Social Security Act under section 1614(a)(3)(H) which provides that individuals who are eligible for Supplemental Security Income (SSI) benefits as children(a person who has not attained age 18) for the month preceding the month in which they become 18, must have their disability redetermined under the...
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How To File An Unfair Treatment Complaint Against An SSA Agent

How To File An Unfair Treatment Complaint against an SSA employee, Adjudicator and/or Judge: Look to SSA Publication No. 05-10071, www.SSA.gov: What you should do if you think you were treated unfairly: If you think any ALJ treated you unfairly, you should tell SSA about it and ask SSA to look into it. You can...
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Free Lecture Outline for August 3, 2010 at Center Place in Brandon: The Basics of Social Security Disability

THE BASICS OF SOCIAL SECURITY DISABILITY I. Introduction: History II. The Application Basics III. The Claims Process IV. Tips On Pursuing The Claim The Speaker: David W. Magann, Esquire Training / Education/Background: United States Marine Corps Veteran Criminology Degree from The University of South Florida Law Degree from The University of Miami Law Intern with...
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The Need to Submit All Medical Evidence: It is the Claimant’s/Representative’s Job!

Continually we meet with claimants who have been previously represented and find that important medical evidence was not obtained in order to win the previous claim. Time and time again with especially untrained and incompetent non-attorney representatives this theme of not obtaining medical evidence, when it could of and should of been sent into to...
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Avoid These “Non-Attorney” Representatives: TOP 5 – BEWARE AND AVOID

At the many hearing offices that we visit it is both sad and astonishing to see how unprepared, blissfully ignorant and lax many representatives are before going in front of the Judge. For example, if a representative has never seen you, the claimant, before the hearing, this is a red flag that indicates you should...
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