Let’s start with VA disability compensation and private long-term disability (LTD) benefits. You can be eligible to be paid by both programs at the same time because these programs are independent of each other. There is no statutory prohibition against receiving both private LTD and VA benefits.

However, many private long term disability policies often include clauses that may reduce your LTD payments based on the amount of VA benefits you receive. This is known as an “offset provision”. The offset provision allows the insurer to deduct from your LTD payout the amount of disability income you receive from other sources, including the VA. Some LTD policies have this offset provision while others don’t. This is why you need to carefully review your policy documents or consult an attorney to understand the exact impact of your VA benefits on your LTD benefits.

Because VA disability and LTD are separate programs you must apply for VA benefits through the Department of Veterans Affairs and for LTD benefits through your insurance provider. Each program has its own unique eligibility criteria. While VA disability is based on service-connected injuries, private LTD is typically based on your inability to work.

Likewise, benefits from the two Social Security disability programs are also based on your inability to work. To learn more about qualifying for Social Security disability benefits read our blog post: “Differences Between Applying for Social Security and VA Disability Benefits.”

If you are a disabled Veteran and you are considering filing for either VA or Social Security disability or if you have been unfairly turned down for benefits, contact us at Cuddigan Law for free evaluation of your situation. Disability law is all we do. If you hire us to represent you, you have a team of professionals in your corner who will fight for your rights, and we only get paid when you win your case.

When you hire an experienced VA disability attorney you have a much greater chance of winning your claim than if you have no representation. The VA’s own statistics from the Board of Veterans Appeals show that in fiscal 2024 nearly 43% of appeals were approved with attorney representation, compared to less than 30% without representation.

Veterans represented by attorneys also experience a lower denial rate for their claims. The denial rate for Veterans with attorney representation before the BVA was less than 15% compared to more than 21% of claims were denied among those Veterans with no representative to fight for their rights. VA disability attorneys also had a higher success rate than any of the Veteran Service Organizations.

Source: Department of Veterans Affairs (VA) Board of Veterans’ Appeals Annual Report Fiscal Year (FY) 2024

Hearing problems can have a significant impact on a Veteran’s daily life. It can make it difficult to function well at work, to interact with friends and family, and even enjoy sports and hobbies. If you have hearing loss or tinnitus (ringing in the ear) that is disrupting your life and was caused or made worse by your military service, you may be eligible for VA disability benefits. You can contact us Cuddigan Law for a free evaluation of your situation. We can help determine if you’re eligible for VA disability benefits.

The Veterans Benefits Administration (VBA) recognizes that many Veterans have been exposed to loud noises and as a result have a hearing loss. The VA says that to streamline the evaluation process for hearing loss and tinnitus claims and to ensure that Veterans receive a consistent and fair assessment of their claims based on their specific military roles and the associated noise exposure risks, they have issued the Official Duty MOS Noise Exposure Listing. This tool evaluates the likelihood of noise exposure for Veterans based on their branch of service, Military Occupational Skill (job title), and duty assignment.

The VA rates disability for hearing loss from 0 percent to 100 percent based on two key audiology tests to measure speech understanding and tone hearing. The agency will combine results from both ears into a single rating. A 10 percent rating is the most common, though higher ratings are possible with severe impairment and additional lay evidence. 

While the maximum rating for tinnitus is low—only 10 percent, that rating can be increased if you have another—secondary—medical condition that is the result of your tinnitus. All too often, Veterans applying for disability benefits overlook secondary conditions and miss out on much-needed benefits they are entitled to. There are many conditions that can be caused by tinnitus including migraine headaches, chronic fatigue syndrome, and sleep disorders among others.

If you apply for VA disability for hearing loss or tinnitus it is likely that you will be required to submit to a VA Compensation and Pension Exam. A Compensation and Pension (C&P) exam is an appointment that allows a VA medical examiner to evaluate your physical or psychological condition and determine the level of impairment caused by your disability. For many Veterans the C&P exam may be the most important medical examination of their lives. The VA says, “This exam will help us rate your disability. Your rating will be based on how severe your disability is—and will affect how much disability compensation you’ll receive. Compensation may include things like monthly payments and enrollment in the VA health care program.”

It is obvious, then, that you should take the C&P exam very seriously. It is also common and reasonable that Veterans may be a bit stressed about their C&P exam.

But there is no need to be anxious if you are properly prepared. And we have a free book that will get you ready. What You Need to Know About C&P Exams for Hearing Loss and Tinnitus is packed with useful information which will help you understand the specifics of this C & P exam. This book will take you step-by-step through what to expect, share valuable insider tips to help you get the most out of your exam, and show you how to improve your odds of winning the benefits you have rightfully earned.

You can download this book from our website—cuddiganlaw.com. Or you can contact our office to have a copy sent to you. And the book is free. Also, for free, we can offer you an evaluation of your VA disability claim so call or email our office today.

Winning VA disability for hearing loss can be challenging, not because many Veterans don't qualify, but initial denials are common due to complex evidence requirements, strict rating criteria, and insufficient documentation. However, our book What You Need to Know About C&P Exams for Hearing Loss and Tinnitus and our vigorous advocacy for your rights can greatly improve your odds of winning your claim.

Do you need to tell anyone?

Yes, you should report the birth of your child as soon as you can. If you receive SSDI or SSI, that means contacting Social Security. If you receive VA disability compensation, that means notifying Veterans Affairs. You will need to provide the appropriate agency with your baby’s full name, date of birth, and a copy of the birth certificate. We also recommend that you apply for a Social Security number for your new arrival as soon as possible and report that number, too. Prompt reporting keeps your record accurate and helps avoid missing potential benefits and avoids overpayments.

Will the amount of my disability benefits change?

If you have qualified for Social Security Disability Insurance (SSDI), the amount of your benefits typically stays the same.

If you have qualified for Supplemental Security Income (SSI), your monthly payment can move up or down depending on household income because it is a needs-based program. For example, if one of the baby’s parents reduces their work hours to care for the newborn and experiences a reduction in pay, the benefit amount could increase. Also check health coverage for your new baby. In many states babies often automatically qualify for Medicaid or Children’s Health Insurance Program (CHIP).

If you have qualified for VA disability benefits and your rating is 30% or higher, adding a dependent child generally increases the monthly benefit amount.

Could my child qualify for benefits, too?

Yes, a newborn can qualify for SSI benefits from birth if they have severe medical conditions like very low birth weight, certain genetic disorders (e.g. Down syndrome, Turner's, Trisomy 13), or severe growth failure (failure to thrive), or another medically determined impairment. Strong documentation from doctors (birth records, test results) is essential to obtain these SSI benefits.

SSDI benefits can be paid to a disabled child of people who have worked and paid enough in Social Security taxes and who have qualified for SSDI due to their disability.  The SSA has a strict definition of disability for children. A child must have a physical or mental condition that very seriously limits their activities, and the condition must have lasted, or be expected to last, at least one year or result in death.

If you are considering applying for disability benefits or if you believe you have been unfairly turned down for benefits, contact us at Cuddigan Law for a free evaluation of your situation. If you hire us, we only get paid when you win your case.

Approximately 92–95% of U.S. employers conduct some form of screening to mitigate risk and ensure workplace safety. Commonly, pre-employment background checks will examine your employment history, criminal records and maybe your driving record; and verify your education. In some cases, employers will review your credit reports depending on the job you are applying for. These checks are to confirm your identity and fitness for the job, not your medical history.

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. The act restricts potential employers from making medical inquiries before they offer you a job. Employers are permitted to ask if you can perform the functions of the job you are applying for, but they can’t ask whether you have a disability or about your medical history. After an offer, employers can ask limited, job-related questions or require medical exams only if they apply the same rules to everyone who applies for the same or similar jobs. After you are hired, the ADA requires employers to provide “reasonable accommodations” to employees with disabilities provided those accommodations don’t create “undue hardship.” 

There are a few narrowly defined situations where your disability could indirectly be revealed to a potential employer.

• Verifying employment. If due to your disability you have gaps in your résumé, a background check can show the gaps, but not the reason for them.
• Financial Checks. It is possible that a credit check or finance check which you authorize could list your income from benefits. This is an uncommon exception.
• Self-disclosure. This can happen if you list your disability benefit income on an application or reveal it during the hiring process. But keep in mind that you control this narrative. You can choose what to reveal and what to keep private.

When applying for a job, everyone—disabled or not—should be proactive and do these reviews:

• Check Your Own Records: You can run a self-check through providers like Checkr or GoodHire to get a preview of what employers will see. (Both companies charge less than $30 for a basic report.)
• Free Credit Report: Request your annual free report from AnnualCreditReport.com to verify financial data.

• Work Eligibility: Use the E-Verify Self Check to confirm your U.S. employment eligibility. 

If these reviews uncover any incorrect information, correct the information early file by filing a formal dispute with the background check company. Provide clear proof of the error. By law, the agency must investigate within 30 days, correcting and re-sending the report if needed.

Increase Your Chances of Winning Social Security Disability Benefits

You are 3 times more likely to be awarded disability benefits if you have a representative such as a disability attorney who will fight for your rights than if you have no representation at all, according to a Government Accounting Office study.

If you are considering applying for disability benefits or if you believe you have been unfairly turned down for benefits, contact us at Cuddigan Law for a free evaluation of your situation. If you hire us, we only get paid when you win your case.

The Social Security Administration (SSA) defines disability as the inability to do any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than 12 months. Social Security uses the term substantial gainful activity to describe a level of work activity and earnings. Work is ‘substantial’ if it involves doing significant physical or mental activities or a combination of both. For work activity to be substantial, it does not need to be performed on a full-time basis. Work activity performed on a part-time basis may also be SGA.

The SSA uses earnings guidelines to evaluate whether your work is substantial gainful activity. For non-blind individuals, the monthly SGA amount for 2025 is $1,620 for most people and $2,700 for individuals that are blind. If you are being paid to provide care for an aging parent, a disabled relative, or any other family member and your income exceeds this SGA limit, your benefits may be reduced or discontinued.

“But even if your care work does not exceed the SGA limit, it may cause the Administrative Law Judge who will decide your case to doubt whether you are as disabled as you claim to be,” Schram notes. “Being able to provide health and home care, may be seen as evidence of your ability to function. Sometimes we have clients who try to dismiss caring for a family member as not really work, but it is important to remember that Social Security makes the rules.”

“Another common situation we run into,” Schram says, “is when clients minimize or even totally leave out the contributions of others who also may provide care for that family member. Sometimes it is a misguided attempt to appear self-sacrificing and heroic, but it can harm your case. If, for example, you are caring for elderly parents, but because of your disability you can’t do it every day or you must frequently stop to rest, and you have a sibling who pitches in to help, share this information with your attorney who may have you testify about this situation at your disability hearing. You should also keep a ‘disability journal’. Simply stated, a disability journal is a log that tracks how your disability affects your day-to-day living, what you do to manage it, and how it may limit what care you can provide a family member.”

There are a few exceptions to the SGA rule—special circumstances—where an individual may be receiving more monthly earnings than the SGA limit and will still be considered disabled and thus be eligible for disability benefits. One special circumstance is known as “accommodated work,” when an employer may create special opportunities for a disabled worker that typically does not exist for the other employees of that company. “On occasion we have clients who will point to this exception and try to make a case that their family is making accommodations in the work caring for them,” Schram relates. “Social Security just doesn’t find this argument persuasive. We do not recommend this tactic.”

Being aware of how Social Security views caring for a family member can help you win disability benefits. Another way to improve your chances is with expert representation. A Government Accounting Office study revealed that if a claimant had a representative such as an attorney, they were three times more likely to be allowed benefits than someone who had no representation at all. The disability attorneys at Cuddigan Law stand ready to fight for your rights. Call or email us for a free evaluation of your case.

There are two disability programs: Social Security Disability Insurance, which is known as SSDI, and Supplemental Security Income, commonly referred to as SSI. SSDI pays benefits to you and certain members of your family if you are disabled, and you worked long enough and paid Social Security taxes recently enough. SSI, on the other hand, is based on financial need. The Social Security Administration (SSA) says, “It is designed to help aged, blind, and disabled people, who have little or no income.”

To determine if you are medically eligible for disability benefits, Social Security has a set of procedures in place. These procedures are published in a handbook known as the “Blue Book,” and it includes a list of various disabling conditions known as “listings.”  The criteria for traumatic-related disorders can be found  in Listing 12.15 of the Blue Book.

Here are the requirements for meeting the standards of the listing:

1. ”Medical documentation of all of the following:
1. Exposure to actual or threatened death, serious injury, or violence;
2. Subsequent involuntary re-experiencing of the traumatic event (for example, intrusive memories, dreams, or flashbacks);
3. Avoidance of external reminders of the event;
4. Disturbance in mood and behavior; and
5. Increases in arousal and reactivity (for example, exaggerated startle response, sleep disturbance).

AND

2. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):
1. Understand, remember, or apply information (see 12.00E1).
2. Interact with others (see 12.00E2).
3. Concentrate, persist, or maintain pace (see 12.00E3).
4. Adapt or manage oneself (see 12.00E4).

OR

3. Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
1. Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder (see 12.00G2b); and
2. Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life (see 12.00G2c).”

Only a very few people will meet the Blue Book standards, but there is a second way to qualify by demonstrating that the symptoms of your impairment prevent you from sustaining full-time competitive employment on a consistent and reliable basis. To prove that your impairment prevents you from maintaining full-time employment, you must start with a diagnosis through an exam by a licensed doctor, psychologist, or psychiatrist. (the evaluation by a psychiatrist will carry more weight.) However, it is important to know that a diagnosis alone is not enough to qualify you for benefits. You will also need proof of how your medical conditions limit your ability to work. This is usually done using a form called the “Residual Functional Capacity” (RFC) form. The RFC form is separate from the medical records and helps your care provider to explain your limitations. To decide whether you qualify for Social Security disability benefits the Social Security Administration will consider the RFC form along with other medical evidence.

All qualifying disabilities must be expected to last and keep you out of work for at least 12 months.

If you have other impairments in addition to a trauma-related disorder, you should also include these in your application for benefits. The Social Security Administration must take into consideration all your impairments when deciding whether you qualify for disability benefits.

If you have a disabling injury or illness and your condition has made it impossible for you to hold a job, contact us at Cuddigan Law for a free evaluation of your situation. We can help you navigate through the complex SSA disability claims process and guide you on the best path forward. We only get paid when you win your case.

You are 3 times more likely to be awarded disability benefits if you have a representative such as a disability attorney who will fight for your rights than if you have no representation at all, according to a Government Accounting Office study.

The commonly used screening measurement for obesity is Body Mass Index (BMI). BMI is a calculated measure of body weight relative to height. For adults, BMI categories are underweight, healthy weight, overweight, and obesity. Obesity is further subdivided into these three classes:

• Class 1 Obesity 30 to less than 35
• Class 2 Obesity 35 to less than 40
• Class 3 Obesity (Severe Obesity) 40 or greater

(You can calculate your BMI on the CDC’s website.)

There are two disability programs: Social Security Disability Insurance, which is known as SSDI, and Supplemental Security Income, commonly referred to as SSI. SSDI pays benefits to you and certain members of your family if you are disabled, and you worked long enough and paid Social Security taxes recently enough. SSI, on the other hand, is based on financial need. The Social Security Administration (SSA) says, “It is designed to help aged, blind, and disabled people, who have little or no income.”

To determine if you are medically eligible for disability benefits, Social Security has a set of procedures in place. These procedures are published in a handbook known as the “Blue Book,” and it includes a list of various disabling conditions known as “listings”. If your condition matches the criteria in the Blue Book, you may be awarded disability benefits through the Social Security Administration.

The SSA no longer includes obesity in its listings of disabling conditions, but it’s still possible to obtain disability benefits if you are obese and unable to work because there is a second way to qualify—demonstrate that your condition prevents you from sustaining full-time competitive employment on a consistent and reliable basis. To prove that your obesity prevents you from maintaining full-time employment, you must start with a diagnosis through a doctor’s exam. But a diagnosis alone is not enough to qualify you for benefits. Your doctor should also explain how your medical conditions limit your ability to work. This is usually done using a form called the “Residual Functional Capacity” (RFC) form. The RFC form is separate from the medical records and helps your doctor to explain your limitations. To decide whether you qualify for Social Security disability benefits the Social Security Administration will consider the RFC form along with other medical evidence. All qualifying disabilities must be expected to last and keep you out of work for at least 12 months.

Obesity is often the cause of other impairments. You should also include these in your application for benefits. The Social Security Administration must take into consideration all your impairments when deciding whether you qualify for disability benefits. Some health issues that commonly arise with obesity include heart disease, stroke, type 2 diabetes (and its associated complications), back problems, depression, and sleep apnea, among others.

Because obesity is sometimes (rightly or wrongly) regarded as a preventable disease, winning benefits can be difficult, but they can be won. If obesity and any associated conditions have made it impossible for you to hold a job, contact us at Cuddigan Law for a FREE evaluation of your situation. We can help you navigate through the complex SSA disability claims process and guide you on the best path forward. The government’s own statistics show that if you have a representative such as an attorney, you are three times more likely to be allowed benefits than someone who had no representation. And we only get paid when you win your case.

While people who suffer from deep vein thrombosis are at increased risk of a more serious health condition, it can be difficult to win disability compensation based on DVT alone. Many cases of thrombosis can be successfully treated before the minimum time required to establish disability by the Social Security Administration (SSA). All qualifying disabilities must last or be expected to last for at least 12 months, and you must demonstrate that the symptoms of your impairment prevent you from sustaining full-time competitive employment on a consistent and reliable basis.

However, you may qualify for SSDI or SSI disability benefits if you have severe complications from your DVT. One common complication is chronic venous insufficiency (CVI), a condition that disrupts the blood flow in the legs. Swollen veins in the lower extremities can prevent proper circulation or even cause blood to flow backward. This can result in pain and swelling, and it can prevent a person from sitting, standing, or walking for prolonged periods.

To determine if you are medically eligible for disability benefits, Social Security has a set of procedures in place. These procedures are published in a handbook known as the “Blue Book,” and it includes a list of various disabling conditions known as “listings.” Unfortunately, there is no specific listing for deep vein thrombosis in the Blue Book. However, CVI is listed in the Blue Book in section 4.11.

The Social Security Administration may approve you for disability benefits for CVI if you have a medical diagnosis of your condition and continually experience one or more of the following symptoms:

• Edema, such as fluid retention in the legs that results in severe swelling, thickening of the skin, and discoloration of the tissues
• Cellulitis or scaling of the skin on the legs that often results in burning, itching, or cramping
• Skin ulcers (open wounds) that refuse to heal, are regularly recurring, or persistently reopen over the course of at least three months

If your condition does not exactly meet the Blue Book standards, there is another way to qualify. You may be eligible for Social Security disability benefits if you can prove that, due to the limitations of your condition, you are unable to perform any job in the national economy, considering your age, education, and past work.

To prove that your impairment prevents you from maintaining full-time employment, you must start with a diagnosis through a doctor’s exam. But a diagnosis alone is not enough to qualify you for benefits. Your doctor should document your symptoms and limitations during each visit and should also explain how your medical conditions limit your ability to work. This is usually done using a form called the “Residual Functional Capacity” (RFC) form. The RFC form is separate from the medical records and helps your doctor to explain your limitations. To decide whether you qualify for Social Security disability benefits the Social Security Administration will consider the RFC form along with other medical evidence such as the results from vascular ultrasounds and blood tests. Your medical records and test results are key to winning compensation.

If you have other impairments in addition to CVI, you should also include these in your application for benefits. The Social Security Administration must take into consideration all your impairments when deciding whether you qualify for disability benefits. For more on this subject, read our blog article: Do Multiple Health Problems Improve the Odds of Receiving Benefits?

Increase Your Chances of Winning Social Security Disability Benefits

You are 3 times more likely to be awarded disability benefits if you have a representative such as a disability attorney who will fight for your rights than if you have no representation at all, according to a Government Accounting Office study.

If you have a disabling medical condition that has made it impossible for you to hold a job, contact us at Cuddigan Law for a free evaluation of your situation. We can help you navigate through the complex SSA disability claims process and guide you on the best path forward.

• Type of claim. Initial claims are more likely to be denied than appeals.
• Evidence: Strong medical evidence and witness statements can increase your chance of approval. 
• Representation: Veterans who have legal representation have higher success rates. 

To strengthen your VA disability claim, you need to focus on providing comprehensive medical evidence. You should collect statements on how your disability affects your daily life. Filing early and meeting all deadlines is crucially important. And you should consider hiring an accredited VA disability attorney.

Let’s examine each of these areas in greater detail.

Complete and current medical records are vital in determining your eligibility for VA disability benefits. They provide documentation of the severity of your health conditions and demonstrate how your disability impacts your daily life. Be sure that your doctors know you are applying for VA disability benefits and enlist their help in collecting your medical evidence.

To be eligible for veteran disability benefits you need to show that your disabling condition is connected to your military service. This is called “direct service connection.” You have this connection if an event that took place during your service caused or aggravated the injury or illness you suffer from now. This link between your impairment and your military service is known as nexus. Get a nexus letter from your treating physicians.

You will also need your medical records from your time in service. The VA has a duty to locate those records. To help the VA in its search, provide as many details as possible. Dates, locations, the name of your commanding officer, which unit you served in, as well as the names of people you served with can all be invaluable when tracking down your records.

Statements about your condition from Veterans who served with you can add credibility to your claim, A “Statements in Support of Claim” or more as it is more commonly known, “buddy statements” provide important evidence that substantiates the location of the event that caused your disability, when the event occurred, and details about the incident.

Include statements from family and friends. Their observations can offer valuable insight into how your impairments impact your daily life.

Provide a detailed personal statement with concrete details describing how your condition affects your ability to work, how it interferes with your mobility, and makes it more difficult to care for yourself. Personal evidence, such as a journal, photos, e-mails, or letters to your family can be used as proof, as well

File your claim in a timely manner. The sooner you file, the sooner you can get the benefits and back pay you have rightfully earned. Complete all forms accurately. Many claims are denied just because information was missing.

Consider hiring an accredited VA disability attorney. At Cuddigan Law we can help you navigate the complex and often confusing VA disability process. We can work with you to gather evidence to build a strong case. And we can advocate and fight for your rights. Contact us for a free evaluation of your claim. We only get paid when you win your case.

The VA's own statistics show that nearly 43% of appeals were approved for Veterans with attorney representation, compared to fewer than 30% for those without representation.

All statistics in this article are sourced from the Department of Veterans Affairs (VA) Board of Veterans' Appeals Annual Report Fiscal Year (FY) 2024.

Veterans are also less likely to be denied disability benefits when represented by accredited attorneys.

The denial rate for Veterans with attorney representation before the Board of Veterans Appeal was less than 15% compared to more than 21% of claims that were denied among those Veterans with no representative to fight for their rights.

An accredited Veterans' attorney will project your rights, make sure no deadlines are missed, and vigorously fight for your rights.

It didn't take you long for you to realize that the VA makes Veterans jump through a lot of hoops to be awarded disability benefits. If you make any errors in your disability application or miss a deadline, your case could be set back months or even years. A skilled attorney will keep your case on track and develop the link between your medical evidence and the ruls and regulations the VA will follow when it decides your claim.

All of this means that if you hire an attorney who focuses on VA disability, your case will be presented in a persuasive way that gives you the very best chance to success and help you get the maximum possible compensation.

VA disability attorneys also have a higher success rate than any of the Veteran Service Organizations.

There are well-meaning organizations offering VA disavility assistance that are not staffed with attorneys. They lack the legal training and experieence to prepare your case to maximize the chances of success. Often, they are just overwhelmed by demands on their time. The average service organization representative may be handling hundreds of claims at a time.

Don't get scammed

VA accredited attorneys must follow a standard of conduct from the VA. Unfortunately, thousands of Veterans are being attacked by unaccredited VA disability "consultants". These predatory sharks are taking advantage of Veterans by illegally charging fees to assist them in filing their VA disability claims. These claim sharks often employ deceptive and aggressive tactics to lure Veterans into unfair contracts and charge enourmous upfront fees.

You deserve better. And We only get paid when you win your case.

Our Veterans have proudly served and defended their country. Congress intended the Veterans Administration to be a Veteran-friendly benefits system. Unfortunately, the reality is likely to be far different. Veterans and their families know that all too often the VA is an uncaring and indifferent bureaucracy. You deserve better. You need a tough advocate in your corner who knows the law and knows how to navigate a complicated system. Hiring a professional Veterans' attorney is, without a doubt, your best option for obtaining the benefits you've rightfully earned.

As VA accredited attorneys, at Cuddigan Law we do not charge any upfront fees. We work on a contingency basis. We only get paid when you win your claim and our fee is a percentage of your back pay. We do not get any portion of your future benefits. We do not make false promises, instead we fight to get you the benefits you have rightfully earned. You can always contact our office for a free consultation about your case.

Claim sharks exist because of a legal loophole. While under federal law it is illegal for companies that aren’t accredited by the VA to charge Veterans fees for helping file their disability claims there’s no criminal penalty for breaking the law. Recent attempts in Congress to put a stop to these shady operators have stalled out. Seventeen state governments have stepped and passed laws to rein in these bad actors. (At the time this article was written, the Nebraska Unicameral is considering LB693 which would make the practices of claim sharks illegal.  Attorneys, agents, or companies properly accredited by the federal VA would not be impacted by LB 693.

To protect yourself from sharks:

• Verify any claim representative's accreditation with the VA's accreditation portal. 
• Never agree to payments from future benefits. 
• Never give up your VA login or password, or your direct deposit information. 
• Report suspicious activity to the VA Office of General Counsel or your state's Attorney General. 

If a disability applicant dies while waiting to be approved for benefits, it may be possible for a family member to continue the claim and receive any benefits owed, but it depends on which disability program the individual was applying for. There are two disability programs: Social Security Disability Insurance, which is known as SSDI, and Supplemental Security Income, commonly referred to as SSI.  SSDI pays benefits to you and certain members of your family if you are disabled, and you worked long enough and paid Social Security taxes recently enough.  SSI, on the other hand, is based on financial need.  The Social Security Administration says, “It is designed to help aged, blind, and disabled people, who have little or no income.”

Except in very limited cases an SSI claims will expire when the claimant passes away, because SSI claims are based on the financial need of the individual.

However, an SSDI claim does not necessarily die with the claimant. Family members, if they are considered a valid substitute, can pursue the applicant’s right to benefits. Here is the order of preference:

• Surviving spouse. A surviving spouse who was living with the disabled person, or who was entitled to SSDI benefits on that person's record, during the month of death has the first priority.
• Children. The second priority to collect the benefits of a deceased person to goes to children of the applicant who were entitled to SSDI benefits in the month of the applicant’s death.
• Parents. Parents who were entitled to SSDI benefits in the month of the applicant’s death can collect the applicant’s benefits if they did not have a spouse or children.

Siblings, other relatives, and partners who were not married to the applicant at the time of their death are not eligible to be awarded that person’s benefits.

Qualified family members of an applicant who has passed away need to determine if it is worthwhile to pursue their case. SSDI benefits have a five-month waiting period. This means that the first payment will not be made until the sixth full month after the disability began. The waiting period starts the first full month after the disability began. Social Security does not count partial months. If the applicant did not survive for long after the onset of their disability, they may have only qualified for a small amount of money (or maybe nothing at all). Pursuing disability back pay in these cases may not be worth the time and effort.

   If you or someone you care about is disabled, unable to work, and considering filing for disability benefits, we can help. At Cuddigan Law we will give you a free evaluation of your disability case. The evaluation can be done over the telephone or in person. Call or email us today to schedule an appointment.

The Board of Veterans’ Appeals (BVA) is a decision-making body within the VA, and its members review and make decisions on appeals for VA benefits. The BVA is made up of a chairman, vice chairman, and nearly 1,200 Veterans Law Judges and board members. They make decisions when a Veteran appeals a claim. 

It is important to know your rights in the appeal process. You have the right to appeal an initial denial of benefits, and you have the right to have an attorney be your representative and advocate for you at the appeals level. The success rate at the appeals level is about 26% for Veterans who have no representation. For Veterans represented by an accredited VA Disability Attorney about 46% are approved and about 13% are denied. You probably noticed that these two percentages don’t add up to 100%. That’s because in addition to approving or denying an appeal the BVA may choose a third option: remanding your case.

A VA remand doesn't mean a denial. It means the Board of Veterans' Appeals (BVA) is sending your case back to the Regional Office (RO) for further development or reconsideration, often because more evidence or clarification is needed. A remand can present an opportunity to address issues and provide more evidence, potentially leading to a more favorable decision. 

Here's how a VA remand can affect your disability claim:

What a Remand Means:

• Not a Denial:

A remand is not a final decision, but an instruction to the RO to take further action. 

• Opportunity for Development:

It allows the RO to gather additional evidence, clarify issues, or address procedural errors. 

• Focus on Evidence:

Remands often involve gathering new medical records, scheduling additional exams, or requesting statements from witnesses. 

• Expedited Processing:

Once remanded, the RO will treat your case as a priority and expedite its processing. 

Reasons for a Remand:

• Change in Law:

A change in VA law or regulations may require a re-evaluation of your claim. 

• Worsening of Disability:

If your condition has worsened since the initial decision, the BVA may remand your case to consider the new evidence. 

• New Evidence:

If you present new evidence or arguments during the appeal process, the BVA may remand your case for the RO to consider. 

• Procedural Errors:

If the RO made errors in processing the claim, the BVA may remand your case for correction. 

• Incomplete Evidence:

The BVA may remand your case if they believe that the RO did not gather sufficient evidence to make a decision. 

What Happens After a Remand:

• RO Action:

The RO will follow the BVA's instructions, which may include gathering additional evidence, scheduling exams, or issuing a new decision. 

• New Decision:

After completing the remand instructions, the RO will issue a new decision on your claim, which may grant your claim, deny it, or remand it again. 

• Continued Appeal:

If your claim is denied after a remand, you can appeal the decision to the BVA again, file a supplemental claim, or file a higher level review.

• Effective Date:

If the claim is ultimately granted after a remand, the effective date of your benefits may be the original date your claim was filed, potentially leading to back pay. 

Although remands will extend the amount of time a Veteran must wait for a decision, they often lead to useful evidence being added to the claim’s file.

The BVA does not have a set amount of time to make a decision after an appeal is remanded. 

It will likely still take many months to receive a decision after a remand is handled, depending on RO wait times. If your claim is remanded it will extend the amount of time you must wait for a decision, but a remand often leads to useful evidence being added to bolster your claim.

At Cuddigan Law, we pride ourselves on providing valuable legal services to the servicemen and women of our nation. That is why we do not charge any upfront fees in VA disability cases, making it easier for Veterans to get the help they need with no financial risk. We only get paid when we win your case. Call us today for a free evaluation of your case and to find out how the accredited VA attorneys at Cuddigan Law can fight for your rights.

If you stop seeing your doctors while you are pursuing disability benefits, you could potentially be jeopardizing your claim and putting your health at risk.  The Social Security Administration (SSA) will be looking for consistent and ongoing medical documentation to verify the severity of your condition to determine if you are in fact disabled, unable to work, and qualify for benefits. If you do not show up for doctors’ appointments or if you do not precisely follow prescribed treatments, your disability claim will likely be denied.

Medical documentation is crucial to being awarded disability benefits. To prove your disability, the SSA relies on medical records from your doctors, so not seeing them regularly weakens your case.  Even if your condition seems stable, consistent follow-ups with your doctors and reporting your symptoms provide necessary ongoing documentation. It also demonstrates that you are actively managing your health and taking necessary steps to maintain your ability to work. If you stop seeing your doctors without a valid reason, the SSA may interpret this as your condition having improved enough for you to return to work, and your claim may be denied.

“Our advice to anyone seeking either Supplemental Security Income (SSI), or Social Security Disability Insurance (SSDI) benefits is very simple: continue to see all your healthcare providers and follow all prescribed treatment plans,” states Kim Schram, a Social Security Disability Attorney at Cuddigan Law. “Your case may be decided by an Administrative Law Judge.  ALJs preside over hundreds of disability cases every year. For this reason, you will want your case to be indisputable, to stand out from other cases. One of the best ways to do this is to have a solid record of doctors’ appointments and treatments. Seeing a doctor once a year for a checkup may be okay for healthy individuals. But for those affected by work-limiting disabilities, a once-a-year appointment is usually not often enough. We also recommend that you keep a disability journal—a written record of how your disability affects your day-to-day living and what you do to manage it. Take your journal with you to your medical appointments and ask your doctor to sign your entries.”

“A common reason we hear for not following prescribed treatments is a concern about potential side effects. Rather than just stopping treatment, you should have a frank discussion with your doctor to assess the risks to your health associated with a treatment plan versus the risks of not being treated. Discuss alternative treatment options with your doctor before stopping treatment.”

“We understand that not being able to work due to a disability can create financial hardships, and often clients will tell us that they don’t see doctors regularly because they don’t have medical insurance and cannot afford the cost,” Schram adds. “As difficult as that situation can be, understand that the SSA is not going to be sympathetic to this problem, because there are low-cost and no-cost clinics that may be able to help you. Here are some actions you can take to help you find medical care:

• Investigate whether you are eligible for Medicaid. Nebraskans can fill out an application online at ACCESS Nebraska dot NE dot GOV. Or you can apply over the phone or request a paper application by calling 855-632-7633.
• Find a Community Health Center: Contact your local health department or search online to locate a nearby community health center. 
• Contact your local Department of Health and Human Services: 

For more tips on how to strengthen your claim for disability benefits download our free book: "5 Deadly Mistakes That Can Destroy Your Social Security Disability Case".

Did you know that if you have a representative such as an attorney, you are three times more likely to be allowed benefits than someone who has no representation at all? This fact was revealed in a Government Accounting Office study. The disability attorneys at Cuddigan Law stand ready to fight for your rights. Call or email us for a free evaluation of your case. And if you hire us, we only get paid when you win your case.

You must report your income to Social Security, even if the work is only part-time and even if you have earned money from gig economy work like driving for Uber. If you don’t report the income to the Social Security Administration (SSA), you risk losing your disability benefits. Social Security considers any monthly benefits incorrectly paid to a disability beneficiary as overpayments. The longer you wait to report income, the higher the amount of the overpayment. This can result in significant financial hardship when the bill comes due. If Social Security discovers unreported income, your disability payments may be withheld for up to six months for the first violation, and up to one year for the second violation. If you are receiving SSI benefits and you willfully fail to report income that impacts SSI eligibility, the SSA may also impose a fine.

Social Security regulations stipulate that you must file a report when you start or stop work or when there is a change in your earnings. This information must be reported no later than the 10th day of the month after the month of change. For example, if you get SSI and start working on February 22, then you must report this information no later than March 10.

You have options on how to report income to Social Security. You can report online using your ‘my Social Security’ account or download the SSA Mobile Wage Reporting app available at the Apple App Store or from Google Play. These processes are quick, secure, and easy. You can also call Social Security and report by phone, but we don’t recommend that. You should report it in a way that creates a written record.

Income reporting rules are only a small part of the many SSA regulations you must navigate to win and retain the disability benefits you have earned. That is why we’re here to help you build the best possible case. Let us put our training and experience to work for you. Call or email us at Cuddigan for a free evaluation of your disability case and if you hire us, we only get paid when you win your case.

Tinnitus is a condition which causes the perception of noise or ringing in the ears. While tinnitus affects approximately 15 to 20 percent of the general U.S. population, a disproportionate number of Veterans have this health issue. Many of those who served in the military were exposed to some of the common causes of tinnitus like loud noises from military equipment and gunfire or traumatic brain injuries suffered in combat.

All too often, Veterans applying for disability benefits overlook secondary conditions and miss out on much-needed benefits they are entitled to. Filing claims for secondary conditions can significantly increase your VA rating and compensation. You’re eligible for secondary disability benefits if your illness or injury has caused another different or separate condition. For example, a secondary disability might be depression caused by the loss of a leg in combat. Or suppose a Vietnam Veteran is eligible for VA disability benefits because they have diabetes from Agent Orange exposure. Any medical condition that is caused by diabetes is now considered a secondary service-connected impairment.

There are many conditions that can be caused by tinnitus including:

• Bruxism – Jaw clenching or teeth.
• Chronic Fatigue Syndrome (CFS) – Fatigue is often worsened by the presence of tinnitus. 
• Erectile Dysfunction – Can result from stress, mental health issues, or medications related to tinnitus. 
• Hearing Loss 
• Hypertension – There is some medical evidence which suggests a link between tinnitus and high blood pressure. 
• Meniere’s Disease – This is a disorder of the inner ear that can cause vertigo and tinnitus. 
• Mental Health Conditions – Anxiety, depression, and PTSD are often associated with tinnitus. 
• Migraine Headaches 
• Sleep Disorders – Ringing in the ears can disturb sleep and lead to insomnia and sleep apnea. 
• Traumatic Brain Injury (TBI) – TBIs can cause or worsen tinnitus. 

Filing a claim for conditions secondary to tinnitus involves the same process as filing any claim for service-connection. Specifically, you start by filling out and submitting VA Form 21-526 – an original claim for service connection. You can do this online at va.gov, in person at your local Regional Office, or with help from a Veterans’ advocate.

Proving secondary service-connected disabilities can be tricky and unfortunately, the VA often denies secondary service-connected disabilities. To win your case for secondary benefits first you must prove that your initial disability was service-connected, that is, directly caused by your military service. To establish this proof, you will want to submit evidence of your diagnosis, medical tests, treatments, and any other relevant evidence. Then you will need to provide evidence of nexus—a connection—between your primary and secondary disabilities. Here it is critical that you have testimony or reports from medical experts to back up your claim.

Because filing for disability can be complicated and sometimes frustrating, it’s important to hire an experienced VA disability attorney to help with your claim. There’s no easy formula for addressing Veterans’ claims, especially for secondary disabilities. At Cuddigan Law, we examine each case individually, develop the best strategy, and work with you to submit your claim or file an appeal if it’s been denied. Call us for a free evaluation of your situation. And if you hire us, we only get paid when you win your case.

The VA says “we require certain documents to support all claims for disability benefits.

You’ll need to submit or give us permission to gather these:

• Your DD214 or other separation documents
• Your service treatment records
• Any medical evidence related to your illness or injury (like doctors’ reports, X-rays, and medical test results).”

Your DD214, includes vital information such as:

• Service Dates: Confirms eligibility for VA disability benefits based on when you served on active duty.
• Rank at the Time of Your Discharge 

• Type of Discharge: An honorable discharge is typically required for most VA benefits, so your type of discharge will determine whether you qualify for disability benefits.
• Military Occupational Specialty (MOS): Your MOS can be a link between your service and any disabilities you are dealing with.
• Service-Connected Injuries or Conditions: Any injuries or medical conditions noted in your service record can bolster your disability claim. 

The DD214 is likely the first piece of evidence the VA will look for when considering your disability claim. If this document is missing, incomplete, or incorrect, it can delay your benefits or even result in a denial.

If you are missing your DD214, you can request a copy from the National Archives by mail, fax, or online.

Before you just toss your DD214 in a drawer, you should carefully review the form to ensure that every detail in the document is correct. Common errors that we see crop up in DD214s include incorrect discharge status (as we pointed out an error here can make you ineligible for VA benefits), missing awards or decorations which can support your claims of experiences or exposures related to your disabilities, and errors in service dates or assignments.

If you uncover errors on your DD214, you can request that the VA correct them, by filing a DD215. VA.gov advises those who need to correct their military records using DD Form 215 to access the form via MilConnect, which requires a DS (Department of Defense Self-Service) Logon. (The VA says, “Soon all VA websites will follow a new sign-in process with Login.gov as the recommended account. We encourage you to create a Login.gov account now. You can also choose to create an ID.me account.”)

It is also worth noting that your DD214 is not only essential for a disability claim, but it is also required to access a whole range of Veteran benefits like GI Bill education benefits, VA home loans, re-enlistment eligibility, federal employment opportunities, and Veteran-owned business benefits. And when a Veteran passes away, family members will need the DD214 to obtain VA survivor and dependent benefits, and for funerals or burials at VA national cemeteries.

Improve your chances of getting disability benefits by ensuring that you have a copy of your DD214 and that it is accurate. You can also strengthen your claim by hiring an experienced professional—an accredited VA attorney—to help fill out the forms, order medical records, and advocate on your behalf.

It is easy to get started, call or email us at Cuddigan Law for a free evaluation of your case. We will help you throughout the entire process and present the strongest case possible case to get you the benefits you have rightfully earned. And we only get paid when you win your claim.

At Cuddigan Law you have a dedicated team of professionals in your corner who understand the system and who will fight for your rights.

The SSA now has four standard “manners of appearance” for a disability hearing:

• Audio (which means a telephone call). You must participate in the call from a quiet, private place.
• Online video, using your smartphone, tablet or computer, also from a quiet private place. (You must connect through Microsoft Teams software, the only videoconferencing platform approved by SSA for hearings at the present time.)
• Teleconference from an SSA office which is now called “agency video.”
• And, of course, the old standby: An in-person hearing at a Social Security facility.

As a claimant you will not be able to select the option you want. The SSA retains the right to set the the manner of appearance for a hearing (as well as the date and time). However, you can either consent or object to the type of remote hearings, as follows

Audio: You can object to a telephone hearing and the SSA says it will honor that request but “may schedule an audio hearing over an applicant’s objections in ‘very limited circumstances’ when no other method is feasible.”

Online Video: The SSA says it will not schedule you for an online video hearing unless you positively consent to this method in advance.

Teleconference: The SSA will not seek your permission in advance for a teleconference hearing, but you can object to this hearing method and the SSA says they will honor your request.

In Person: SSA retains the right to require an in-person hearing which does not require your permission nor can you object to it.

Be aware that there are time limits to consenting or objecting. You will have 30 days after receiving your hearing notice to consent or object to a manner of remote appearance.

Virtual hearings­—phone, online, and teleconferencing—offer many advantages to both claimants and the SSA. For many claimants their disabilities or even their financial situations can make it problematic for them to leave home, so a virtual hearing can spare them transportation difficulties. For Social Security, virtual hearings are a way to reduce the backlog of disability cases. The backlog peaked in 2017 at nearly one million cases. The agency has whittled that down but waits of a year or more for a hearing decision remain common. The SSA has a goal of reducing wait time to 270 days this year and virtual hearings are a large part of that plan.

What is the best option for you? Like so many legal questions, the answer is: “It depends.”  It depends upon the exact circumstances of your case. Consult with your disability attorney who can advise you.

The road to winning Social Security disability benefits can be complex and difficult to navigate. That is why it is useful to have a knowledgeable guide—a qualified and experienced Social Security disability attorney. For guidance on submitting your claim for Social Security disability benefits call or email us at Cuddigan Law for a free evaluation of your specific situation. And if you choose to hire us, we only get paid when you win your case. 

Your claim could be denied if you engage in what is known as “Substantial Gainful Activity” (SGA). If you are working and your work results in wages equal to or in excess of the SGA limit, you may be denied disability benefits. For 2025, if you earn more than $1,620 per month before taxes (if you are blind the threshold is higher—$2,700 per month), you will be considered to be engaged in Substantial Gainful Activity. Social Security doesn’t care if this is a “real job,” or the job that you have always performed, or a job in your particular field. This rule applies even if the work is part-time or sporadic or seasonal. If you are self-employed, or in the gig economy (like driving for Uber or Lyft), your work may count even if you don’t earn $1,620 or even if your business doesn’t make a profit!

“How a work attempt affects your disability case may come down to the type of work you are doing,” explains Cuddigan Law Attorney Kim Schram. “For example, suppose you are 45 years-old and working part-time loading and unloading trucks. You have back pain that would make it impossible for you to do this heavy job full-time. However, SSA could suggest that you are capable of performing an easier job full-time, like sitting and putting small parts together at a factory. Even work below the SGA earnings limit may affect your case, because it can show Social Security that you are capable of certain work activities.”

“If you are applying for or have applied for Social Security disability benefits our advice is to contact us before you take on any work. We can explain your options during this difficult time, including that working may not always negatively affect your case.”

Sometimes, individuals will try to attempt to work after they have filed an application for disability. However, these individuals may soon realize that their health problems cause them to fail at the job. The Social Security Administration calls the above situation an Unsuccessful Work Attempt. If your work attempt falls into the criteria set by the Social Security Administration, those earnings may potentially not be counted against you.

If you are a Social Security disability beneficiary and receive Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI) benefits, or both, and you are working—even if it is just part time—you are required to report your gross wages to the Social Security Administration on a monthly basis. 

Here is more practical advice about how you can help your case and increase your odds of being awarded benefits:

Keep a journal.

Write down the details of all your medical treatments and how your disability affects your daily life, including how it is difficult to get and keep a job. For tips on keeping a journal read our blog article: “A Disability Journal Can Improve Your Odds of Winning Your Case.

Follow all prescribed treatments. 

This is a critically important piece of advice and one that is often ignored. It is essential to completely follow the treatment plan set by your doctor, including taking all prescribed medications. If you are unable to take your prescribed medications for a medical reason, this must be documented in your treatment notes. Otherwise, your claim could be denied.

Get your doctor’s opinion.

Social Security decides a disability case by assessing a person’s residual functional capacity, or RFC. This is an evaluation of what you can still do despite your health problems. One of the most important pieces of evidence in a Social Security disability case is your own treating doctor’s opinion about your RFC. Social Security often gives substantial weight to the opinion of your personal physician. So, follow up with your doctor and get this done. For more information, download our free brochure “Give Yourself the Best Chance of Winning Your Social Security Disability Case.”

Cuddigan Law is your go-to Social Security Disability law firm. Contact us for a free evaluation of your disability case and to learn more strategies to help you win the disability benefits you have rightfully earned.

 While the Housebound and Aid and Attendance benefits share some details in common, there are important differences between them.

Simply stated VA Housebound benefits are designed to help permanently disabled Veterans whose conditions confine them to their homes and in some cases to their beds and they rarely, if ever, leave their homes. To receive these SMC benefits, you must have a single permanent disability that has been evaluated as 100% disabling, along with additional disability rated at 60% or higher which confines you to your home, or may also render you bedridden.

The eligibility criteria for VA’s Housebound benefits include:

1. You must have at least one service-connected disability rated at 100% along with an additional disability rated at 60% or higher.
2. Surviving spouses may be eligible if the deceased veteran meets the disability rating thresholds.
3. Your claim must be supported by medical records and a doctor’s evaluation which establishes your disabling conditions.

Often one of the most overlooked Veterans home care benefits, VA Aid and Attendance benefits are awarded to Veterans who need assistance with the activities of daily living like cooking, bathing, grooming, dressing, taking medication, or light housekeeping.

To be eligible for the VA’s Aid and Attendance benefit:

• You must have served at least 90 days of active duty and have been honorably discharged, with at least one of those days falling during a wartime period.
• You must be permanently disabled and unable to work, or have eyesight that is limited to 5/200 even with glasses or contact lenses or has a concentric visual field that’s contracted to five degrees or less.
• A doctor must confirm your need for regular aid or attendance of another person to perform and complete daily activities

To establish eligibility for SMC and before they make a decision regarding the level of SMC to be paid, the VA has to review all the medical evidence available. Spouses and surviving spouses may also be eligible for benefits under SMC.

If you qualify for Special Monthly Compensation, you do not have to apply for it and there is no form to submit. The VA should automatically give it to you.  Regrettably, too often the VA makes mistakes with claims for SMC for mental illness. If you have a serious service-connected disability and believe you qualify for SMC, but are not receiving it, call your VA regional office or contact us at Cuddigan Law. We encourage you to investigate whether you are eligible for Special Monthly Compensation.

Determining the amount of Special Monthly Compensation, you are entitled to can be complicated. SMC is divided into levels and the eligibility requirements for each level are complex especially if you qualify for multiple levels. Call us for a free, no-obligation appointment and we can help you sort through all the intricate details of Special Monthly Compensation.