Your Personal Injury Concerns Put to Rest- Don't make a mistake, get the facts from an expert
Even a minor accident can cause physical and financial confusion, worries, and setbacks. Allow us to help answer your questions and put your concerns to bed, so you can focus on your recovery. Why wait any longer to get the answers you need? Click here and see how our knowledge, advice, and experience can help you.
- Page 3
Do benefits change from month to month?
Not unless your income changes. Because SSI benefits are determined by deducting your income from a federal rate, your benefits will decrease if your income increases. SSD benefits are determined by your past work, so it is less likely that these benefits will change during your disability.
What if I don't agree with the date they say my disability started?
You can appeal. If you feel that you are entitled to benefits starting from an earlier time than the SSA determined, contact an attorney to begin the appeals process. Some claimants are awarded more benefits because they can provide more or better documentation for their conditions.
How do I know if/when I will get benefits?
After you apply for benefits, you will have to wait a few months to get a decision. Whether the Social Security Administration approved or denied your benefits, you will receive a letter in the mail stating their decision. The SSA begins paying benefits in the sixth month after a person's disability starts; this date is included in the letter sent to your home.
How does the government handle USERRA claims?
The Veterans Employment and Training Service (VETS), a part of the Department of Labor , investigates claims related to USERRA. If the investigation does not lead to a resolution of the issue, the service member can have their claim referred to the Department of Justice, where it will be assigned to an appropriate District Court. If the violation of USERRA is proven to be intentional, then the service member may be awarded reasonable attorney fees.
Do employers have to accommodate veterans with disabilities under this law?
Yes. USERRA protects veterans with disabilities by requiring the employer to make efforts in accommodating their injuries. Additionally, USERRA allows veterans recovering from injuries up to two years from the completion of service to seek reemployment or return to their previous job. If you have experienced discrimination because of a disability, contact the Coye Law Firm today.
How should I be reintroduced to my job?
USERRA requires that employers make a reasonable effort to reintroduce military personnel to their jobs. This may include retraining or helping the person refresh or upgrade their skills. Denial of this accommodation may fall under the realm of USERRA discrimination.
How soon after I return from service do I need to contact my employer about reemployment?
The amount of time between completion of military service and return to civilian employment depends on the length of service. If you served for less than 31 days, you must return to work during the next regularly scheduled work period on the first full day after release from service. The employer must take into account the safe travel home and an eight-hour rest period for the employee prior to return.
For service longer than 30 days but less than 181 days, the service member has up to 14 days from release from military service to apply for reemployment. If the service member served longer than 180 days, he or she has up to 90 days from release from service to apply for reemployment.
Are there any exceptions to the eligibility guidelines?
Yes. The five year limit does not include the periodic training duty of the National Guard and Reserve, initial enlistments lasting more than 5 years, and involuntarily being extended or recalled in active duty, especially during a national emergency.
How do I give notice to my employer that I will be serving in the military?
USERRA states that the employee can give notice to the employer in writing or verbally. The exceptions to this rule are if the notice is:
How does the Social Security Administration verify my financial and medical information?
When you apply for benefits, you will be asked to sign a document (either in person or online) that lets the Social Security Administration get records from your doctor. To verify your financial information, you may need to give the SSA copies of your tax returns or bank statements.