Our veterans disability benefits lawyers will make sure all your paperwork is accurate and complete before submitting anything to the VA. Medical evidence can make or break a claim. Don’t expect the VA to just approve your claim because you served our country honorably.
A VA-certified disability attorney can help you decide what is the best of course of action for your claim. Get Your Appeal Started: Woods and Woods can help get your appeal started right away.
We have a department of case analysts who are dedicated to writing briefs and preparing documents, and our Board of Veterans Appeals (BVA) attorneys have filed thousands upon thousands of appeals for veterans. There are decades of legal cases and precedents that affect VA disability claims. We have spent years and years researching VA law.
A VA Accredited/Certified Veterans Benefits Lawyer is worth it. Most veterans never thought they would have to hire a VA-certified veterans benefits lawyer to get their benefits. Unfortunately, the VA denies lots of claims.
So, do widows and survivors of veterans get VA disability benefits? Fortunately, the U.S. Department of Veterans Affairs offers several monetary VA benefits for widows and surviving spouses of wartime veterans. These include dependency and indemnity compensation (DIC benefits), survivors pension, and burial benefits.
Survivors Pension Surviving spouses of deceased veterans are eligible for tax-free monthly pension benefits if they meet certain net worth and income requirements set by Congress. Those unable to work or perform daily activities can also receive a supplemental allowance.
No, a veteran's disability compensation payments are not continued for a surviving spouse after death. However, survivors may be entitled to a different type of benefit called Dependency and Indemnity Compensation.
Survivors (Death) Pension with Aid and AttendanceSurvivors Pension -- Maximum Annual Pension Rates (MAPR) 2019-20For a Surviving SpouseYearlyMonthlyHousebound With One Dependent$14,116$1,176Aid and Attendance Without Dependents$14,742$1,228Aid and Attendance With One Dependent$17,586$1,4657 more rows
It is important to note a key difference between survivor benefits and spousal benefits. Spousal retirement benefits provide a maximum 50% of the other spouse's primary insurance amount (PIA). Alternatively, survivors' benefits are a maximum 100% of the deceased spouse's retirement benefit.
Widows and widowers Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.
To be eligible for this benefit, the claimant(s) must be the eligible surviving spouse or dependent child of a military Servicemember or Veteran who meets one of the following: Died while serving on active duty, active duty for training, or inactive duty training.
Period of Eligibility: The period of eligibility for Veterans' spouses expires 10 years from either the date they become eligible or the date of the Veteran's death.
The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.
You can apply by filling out VA Form 21-534, Application for Dependency and Indemnity Compensation Or Death Pension by Surviving Spouse or Child. If available, attach copies of dependency records (marriage & children's birth certificates).
They are not formally called California veterans benefits, but many veterans refer to them that way. These disability benefits are a federal program designed to protect disabled veterans.
Marine Corps Base Camp Pendleton is the Corps’ largest West Coast training facility with over 125,000 acres of Southern California terrain. Thousands of Marines have been based at Camp Pendleton and thousands have been exposed to volatile organic compounds, spent oils, fuels, benzene, pesticides, and other things contaminating the groundwater and soils. Camp Pendleton’s contaminants could cause harm for the veterans who were based there. Veterans who served there may be eligible for military base toxic exposure veterans disability benefits.
Woods & Woods has been fighting for injured and disabled people since 1985. Our law firm of over 85 legal professionals are experienced. We know how to help you obtain the California veterans benefits you deserve.
You are not alone. The VA denies lots of disability claims. You can appeal the VA’s decision for up to one year after the decision was made. If you have waited longer, you can just begin the application process over and open a new claim.
We are proud to represent veterans and their families all over California. Woods & Woods is a nationally recognized Veterans Disability Benefits Law Firm. In fact, many law firms in California send their veterans clients to Woods & Woods because they trust us to take care of their clients. We never charge a penny unless we win your claim. When we do win your claim, our fee is a small percentage of your backpay and case expenses. Woods & Woods will never touch your future benefits.
There are lots of impairments that veterans file California veterans benefits claims for regularly. There are also many different types of claims. Below is a list of some of the most common impairments our VA disability lawyers see from veterans in California.
Woods and Woods is a nationwide veterans disability law firm based in Evansville, Indiana. We are proud to be able to help veterans in all 50 US states and even US territories. We have helped many clients from California and we accept veterans disability cases from; Los Angeles, San Diego, San Jose, San Fransisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, Anaheim, Santa Anna, Riverside, Stockton, Irvin, Chula Vista, San Bernardo, Fremont, Modesto, Fontana, Oxnard, and many more.
Surviving widows are entitled to 71.5 percent of their deceased spouse’s SSDI benefit amount when no children are collecting on their husbands’ records. The surviving spouse must have a disability that prevents him or her from engaging in a substantial amount of work. The surviving spouse will need to show that there are no other jobs he or she can do, including jobs that do not require lifting or walking.
The Social Security Administration provides survivor benefits to assist surviving spouses who’ve lost their family wage earner. The survivor benefit program provides families with much-needed income after their loved one passes away. Receiving survivor benefits can help a family survive financially after their loved one’s death. If you are a surviving spouse, you may be entitled to these important monthly benefits. At Disability Advocates Group, we can review your case and advise you on whether you may be entitled to benefits.
When a widow or widower is responsible for taking care of a child under the age of 16, or a disabled child, he or she can receive survivor benefits at any age. The children of deceased parents are entitled to survivor benefits when they are under the age of 18. A child who is up to age 19 and attending school full time can also receive benefits. When a worker with dependent parents dies, the parents may qualify for survivor benefits when the deceased spouse provided them with at least half of their income, and when they are over age 62.
If you were dependent on a loved one who passed away, you could be entitled to widow or widower benefits provided by the Social Security Administration. Widow or widower benefits, also called survivor benefits, help surviving spouses meet their financial needs.
The surviving spouse is entitled to full survivor benefits when he or she is at the full retirement age. The full retirement age is 66 for those born between 1945 and 1956 and 67 for those born in 1962 or later. The surviving spouse is entitled to reduced survivor benefits when he or she is age 60 or older. When a surviving spouse has a qualifying medical disability, he or she can enjoy survivor benefits beginning at age 50.
Finally, when a child became disabled before age 22, he or she is entitled to benefits at any age. In some rare cases, the Social Security Administration will pay benefits for grandchildren, stepchildren, stepgrandchildren, or adopted children. Disabled children whose surviving parent has limited resources and income may also be eligible for additional Supplemental Security Income (SSI) benefits.
Certain family members are eligible for survivor benefits, including widows and widowers, children, and dependent parents. Divorced widows and widowers can be eligible for survivor benefits as well. Survivors who apply for benefits must prove that they have enough work credits to qualify for benefits. The number of work credits the deceased individual needs depends on his or her age at his or her death. The younger the deceased individual was at his or her time of death, the fewer work credits he or she needs.
If the surviving spouse cares for a child under the age of 16 years old who receives survivor SSDI benefits from your deceased spouse, they will receive 75% of your deceased spouse’s SSDI benefit.
If the surviving spouse is at least full retirement age, they will receive 100% of the spouse’s SSDI benefit
In most cases, to be eligible for the surviving spouse benefit, the widow must have been married to the deceased spouse for at least 9 months. But there are many exceptions to this rule; including if the deceased spouse died due to a violent accident.
If the surviving spouse is receiving benefits based on caring for a child under 16 years old who receives SSDI benefits based on the deceased spouse’s earnings record, the benefits to the widow will generally end when the child turns 16 years old.
If a disabled person who was receiving Social Security Disability Insurance (SSDI) passes away, the benefits that they were receiving can go his or her dependents, including: a spouse, children, and in some cases even elderly parents. These benefits are known as either “survivor benefits” or “death benefits”.
However, if the child is disabled and continues to be in the care of the widow and receive SSDI benefits on the de ceased parent’s earnings record, the widow can continue to receive SSDI payments as well.
If the widow or widower is of retirement age – AND the benefit that they could receive based on their own work history is higher than the money that they receive from their deceased spouse’s SSDI benefits -they can choose to receive whichever payment is higher.
Learn Your Options: After the VA denies you disability or gave you a low rating, you may not be sure about your options. Some veterans should focus on VA mistakes, some should appeal a flat-out denial, and others should try increasing their veterans disability benefits rating. A VA-certified disability attorney can help you decide what is the best of course of action for your claim.
Our Fees: Woods and Woods’ fee is 20% of back pay. Some VA disability lawyers charge more. Your attorney fee will come straight from the VA so you won’t have to pay out-of-pocket.
The way to win your claim is by collecting strong evidence and presenting it to the VA in a clear and concise manner. This is why experience plays a big part in claims. Your VA-certified disability attorney knows exactly what evidence you need.
Learn Your Rights: As a veteran with disabilities, you have rights. These rights include compensation for your service-connected disabilities. The military promised to take care of you if injury from service occurred. Talk to a VA accredited veterans benefits lawyer about your rights as a disabled veteran.
Every single one of our clients has one thing in common--they were all denied by the VA. A denial is not the end of your claim. Don’t let the complicated VA disability benefits appeal process scare you. Appealing is difficult but having qualified legal professionals handle your claim can help ease your mind. Woods and Woods has filed thousands of VA benefits appeals.
A large majority of our clients first used free veterans service organizations (VSOs). Our lawyers regularly work with veterans after they have worked with a veterans organization.
When you call Woods and Woods, you get an experienced, knowledgeable, and tough VA-certified disability attorney. Woods and Woods has fought the VA for thousands of veterans. It’s what we do every day.