How do I get help with VA?

[Smarmie Doofus]

I need an advocate.

My brother ( Vietnam era Navy Vet) had a stroke two years ago.Nearly died , but got better. He walks, he talks,( with difficulty) but he's brain damaged and is unemployable.( the VA medical agrees with this).


We applied for non-combat-related disability benefits two years ago. First application was rejected on a technicality and we're waiting for disposition of second application ( filed around 12-06).

He's not qualified for SSD 'cause he was self employed and didn't pay into the system consistently ( doesn't have enough 'credits; ok.. that's probably his fault). SSI was also rejected on a technicality ( it hinges in some way shape or form on how much his VA payment will be).

He's been without income for two years... rent being paid for by me, other relatives and friends.... mostly by me.

US Sen (Dodd) office tried at one point but even they apparently can't unravel this mess. Recent calls and emails to Dodd's office go unreturned.

To channel Tony Bennett (?), 'who can I turn to?' Any ideas?

[Cobalt Violet]

1. A lawyer who specializes in SSI cases.

It usually costs no money down. He will get a lump sum when he gets approved and they do take a percentage of that. He may would get back pay going back to the time he first applied too I believe. But lawyers usually can get the job done.


This would be good for getting the SSI but I don't know about getting help with the military.

[Smarmie Doofus]

4. Thanks. I've heard of SSD specialists...

...in fact they advertise all over the place. Haven't come accross an 'SSI lawyer'. Perhaps they're one and the same.

I'm a bit leery of complicating and already baffling situation by filing a suit. Adds yet another dimmension.

But perhaps it needs to be done. The status quo just ain't workin' for us anymore.

[Wesin04]

2. Write to your Congressional Rep

Seriously. That's what their constituent services are there for. All constituent services should be non-partisan and there to serve the citizens of the state/district.

[Smarmie Doofus]

5. I technically have Dodd's office on the case.

Although they haven't gotten anywhere; or at least they haven't communicated it to me if they have.

I'm thinking if I get the House rep involved it might confuse the situation vis-a-vis Dodd. You know :" Well, he's being helped by Congressman Dithers so we don't have to stay so involved.... yada yada yada."

In other words, I'm not sure that "more" here is necessarily "better".

But I may very well be wrong. Not like I've done this before.

[crikkett]

3. I wish I could help - i was going to say it's time to call the press.

But it sounds like you can only wait. You can call to check on the status of the application.

I got my VA stuff straightened out by walking my papers through the process myself. I also stayed on hold a long, long time. The key to surviving an encounter with a bureaucracy is to remain calm and pleasant at all times.

[Smarmie Doofus]

6. So it's a 'serenity now' type situation.

>>>The key to surviving an encounter with a bureaucracy is to remain calm and pleasant at all times.>>>

I suspect you are correct but I'm not in a position to continue to pay his rent. Wish I were.

Two years is a long time. Even for the VA.

[mntleo2]

7. Also ...

Most people who apply for SSI are automatically rejected the first time, and then they have to get a lawyer. This is just a given. SSI should apply to your brother because it is all about people who are disabled but "haven't worked". Many (especially young) people who have little or no job history are on SSI. SSD is another arm of Social Security, but it only applies to people with a work history that paid into the system. You get more money on SSD usually.

Here is what you do: get an SSI/SSD lawyer. It will take up to 2 years for the case to get through court. But the clock started ticking from the first day your brother applied for SSI, which means he will get a settlement based on what he should haver gotten monthly for all those years. The lawyer will work pro-bono and will take around 25% or up to a certain amount (usually around $10,000.00) and the rest will go to your brother. Because he is over 50, your brother will get the help he needs as most courts will view him unable to find any sort of training that would be worth the time and costs for the government to provide.

Another thing he can do is apply for GAU (General Assistance) from DSHS. He goes to apply for that where he would apply for food stamps. He will have to pay the GAU cash amount he receives back with his settlement, but it can give him medical, food stamps and a small stipend (depending on which state you live in, around $330.00 cashper month). After the lawyer takes their cut, and he pays back GAU, he will still realize about half of the lump sum, which is around $8.000.00 per years from the time he applied. GAU wiil try to bug him to get work, but after they find out he has applied for SSI, they will leave him alone, because they will know they will be getting their take back eventually.

MAKE SURE HE DOES NOT SAY ANYTHING ABOUT HIS FAMILY SUPPORT WHEN HE APPLIES FOR GAU!!!!. They do not need to know anything about that, but if they ask, he can simply and truthfully say he has been loaned money ON OCCASION for paying the bills for his emergencies ~ and that they are LOANS. You can produce for him a loan contract that is perfectly legal that states what he "owes" you. What you and he agree as to when or if it is paid back is between you two. After he is on GAU, the family can legally help him by directly paying for things for him, say if he needs help with the utility bill, you just pay it directly.

Also he should hook up with a VA social worker. They will help him with the necessary paperwork to get him started and advocate for him as well to other social workers, etc. This is an important piece of the process and they can get people like his doctor to help, like by writing letters to the appropriate agencies explaining what your brother needs. They are wonderful, and have a lot of resources. It should be kept a "secret" he has any family supporting him, I cannot say this enough because the government only helps people who have no one (which is most of the time true, but all family support really means for most people who are on assistance is you don't die as quickly or as easily left to the street).

Take it from me I am a Welfare Advocate and know the ropes. You can also call Welfare Rights Organizing Coalition (WROC) (http://www.wroc.org ) They have a toll free number listed on their web site. We know more about the Washington State system than anywhere else, but we might be able to direct your brother to a more local advocacy agency in your community. After you are finished with getting your brother up and running so to speak, consider giving WROC a generous donation in your brother's name. It is a 501 C3 and tax deductible.

Tell WROC Cat sent you. PM me if you need more assistance. And do not give up, this is not an easy process. You get rejected all the way through the process including the GAU system. It just takes persistence and some creative thinking. Most of all the best way you can help your brother is this: let the whole family keep in mind, your brother IS ENTITLED to get the assistance he so deserves for serving our country in Viet Nam. He DESERVES it, and never let that leave your (or his) mind!

Cat in Seattle

[Smarmie Doofus]

8. Thanks. A lot there I hadn't considered.

Let me ruminate and cogitate... not to mention *analyze* the above ( you said a *mouthful*).... and I'll reply later.

[TreasonousBastard]

9. Just the other day i was talking to someone in the same...

position.

A Viet Nam vet, he was stonewalled by the VA, and went to the Viet Nam vets advocate group that he said wasn't any help at all.

Then he went downstairs and found the WWII group who immediately went to bat for him, got him hooked up with a good lawyer and helped with the paperwork. He's now on 100% disability and waiting for six months of back pay.

[fed-up]

10. here are some great links for info (lawyer can only get 25% of back pay/max $5.3K

I am starting the process of applying for disability-degenerative disc disease. I know nothing about VA and disability, but this may be of help. The only benefit of having a lawyer is that they can make sure all your i's are dotted and t's crossed. Back pay can only go back one year prior to filing of claim. Good luck.

http://www.ssa.gov/notices/supplemental-security-income/text-understanding-ssi.htm


http://www.ultimatedisabilityguide.com/grid_rules.html

Lawyer for Social Security Disability and SSI: Attorney for SSDI and Supplemental Security Income

To find a Social Security Disability Lawyer or disability attorney for SSDI or SSI click on one of the states below.

We handle many Social Security cases nation wide but if you want to find a lawyer who has handled Social Security Disability cases closer to you, feel free to contact me and I will help you find a lawyer near you. It is important to remeber you will want to find a lawyer who has handled many cases and has a strong understanding of both the process and what you need to win your benefits. Most attorneys get paid on a contingency basis. They get paid only if you win and the standard amount is 25% of past due benefits not to exceed $5,300. There are exceptions were lawyers will file a fee petition for the time spent on the case but contingency fee agreement is by far the most common method of payment. If you find a lawyer on your own make sure to ask how many Social Security Disability cases he or she has handled. You will want someone who is experienced.

[Smarmie Doofus]

15. I do appreciate this. I'll let you know how I make out....

... at the moment I'm too exhausted to deal with this topic any further today.

And thanks to everyone who's contributed to the thread.

[Monkeyman]

11. Email

[e-mail] Rick is the one you see in front of the Veterans Committee use my handle Monkeyman

[Smarmie Doofus]

14. Thanks much. nt

[4bucksagallon]

12. I hate to say it but this thread disgusts me,,,,,,,,,,,,,,,,,

It is all about defrauding our government, I have heard nothing about service connection on any of these cases. Since when is just being a vet enough to leach off the government. The money will be needed to take care of the ones who are in need, that would be the ones that are wounded and disabled. No wonder our veterans health care is in crisis. Gimmee gimmee gimmee.

[Smarmie Doofus]

13. I'm not sure what you mean.

>>>It is all about defrauding our government,

In my brother's case , there is no fraud involved. He's been examined by VA; he can't work; he's disabled; that's what the *VA* says.




>>>I have heard nothing about service connection on any of these cases. Since when is just being a vet enough to leach off the government.>>>

It is evidently the law that in certain cases ( my brother's case seems to among them) the government will provide assistance to a disabled vet even if the disability is unrelated to combat. If you think the law is unjust, I would focus your efforts on changing the law. In the meantime, should he *not* apply for a benefit to which he is legally entitled? I repeat: he *cannot* work.

If my understanding of the law is incorrect, I'm quite sure he will be denied benefits on that basis. So far he has been denied benefits on "nonsense" grounds: Can't find the application, didn't receive the application, application filed in the wrong jurisdiction etc. etc. He was turned down for food stamps 'cause the DSS sent medical waiver to VA which was never *returned*... or at least not returned within the time 'allotted' by DSS. Dueling bureaucracies. Ugh.



>> The money will be needed to take care of the ones who are in need, that would be the ones that are wounded and disabled. No wonder our veterans health care is in crisis. Gimmee gimmee gimmee.>>>>

Yikes. I threepeat: he has no money and he cannot work. ("Gimmee, gimmee, gimmee"?) You tell me: what should we do?

[Monkeyman]

16. Ah say what!

Try the Government Denied about 600,000 Veterans claims with service connected problems. Plus when a family of a veterans is not able to pay. The VA picks up the tap. That is from serving your Country. No One Said anything about looking for a handout just help.