For people returning home to Florida and across the country after having served in the military, there is the possibility that they will suffer injury both mentally and physically due to what they have experienced. Those who have been hurt and meet the medical requirements for disability status to receive approval for Social Security disability should receive benefits. However, in some instances, those who return home with medical problems find their application for benefits denied. It is then that they need to consider ways to receive what they should be entitled to, possibly with a legal filing.
A man who served two separate tours in Iraq was diagnosed as having post-traumatic stress disorder as well as a traumatic brain injury after his retirement from the military in 2012. Since then, he’s tried to hold civilian jobs and has been dismissed from all of them very quickly. Noises make him remember his time in the military and relive aspects causing him to dive to the ground. In another instance, he had a confrontation with a customer who he alleges called him names. The man was declared to be 100 percent disabled providing him with $2,800 per month in Veterans Administration disability.
With his conditions, he also should be able to receive Social Security disability income from the Social Security Administration. However, his first application resulted in a denial. He appealed and was continually rejected. Although he has been found to be 100 percent disabled, the SSA is still refusing to give him benefits. Since his appeal to the Appeals Council was denied, he has no other options with the SSA. Now, he is trying to move forward with a federal court appeal, which is allowable based on federal regulations.
Receiving Social Security disability when determined to be disabled should not be difficult especially for those who served in the military. Sometimes, as in this case, it is denied and there’s seemingly no viable reason for it. There are many levels to appealing a denial. Having legal assistance when trying to receive benefits is a smart decision from start to finish and especially when trying to overturn a negative result.
Source: clarionledger.com, “Disabled Mississippi war veteran faces battle at home,” Clay Chandler, June 22, 2015