As a military veteran, it can very difficult to get the disability benefits you need. The application process is challenging to navigate successfully and it can be hard to provide the right evidence to support your claim, which often leads to denial. When your service related disability is preventing you from working, it is essential that you get the proper benefits. In this situation, it can be beneficial to seek the assistance of a Chicago VA attorney from the Comerford Law Office.
An experienced Chicago VA attorney can help you determine the best course of action to get your claim approved. Applying for VA disability benefits is challenging, but it can be worth it. In addition to your disability benefits, as a veteran, you may be eligible for health insurance, life insurance, education opportunities, and home loans. If you are still able to work, you can receive federal hiring preference and career counseling.
Some veterans cannot continue to work due to their disability. If your service-connected injury prevents you from working, you can file for individual unemployability.
Filing for individual unemployability allows you to receive a greater amount of benefits. You may be able to receive the same amount of disability benefits as a veteran who has a 100% disability rating.
To be qualified for individual unemployability, you have to be unable to hold a job due to your service-related disabilities. The VA will use a standard known as substantially gainful employment (SGA) to determine whether you can continue to work.
SGA is the amount earn from your current employment. The VA defines SGA as earnings above a single individual’s federal poverty level. As of 2020, the SGA was $12,760. That means that you may not qualify for individual unemployability if you can still earn this amount or higher.
To qualify for individual unemployability, you also have to receive a disability rating of 60% or more. If you have several disabilities, the total amount must equal 70%, with one disability receiving a 40% rating or higher.
You must be able to prove that your disability renders you unable to work. This may require proof that there are certain physical or mental tasks that you are unable to do because of your disability.
Even if you qualify for individual unemployability benefits, there is no guarantee that you will receive these benefits for the rest of your life. Individual unemployability benefits are not considered permanent. Amongst other reasons, if the VA determines that your disability has improved or that you have obtained SGA, they can terminate your benefits.
The earlier you involve a Chicago VA attorney in the process, the better your chances of receiving the benefits you deserve. Contact the Comerford Law Office to receive the help you need when fighting for your benefits. Fill out our contact form to schedule your free case evaluation with one of our trusted VA attorneys today.