Gardberg & Kemmerly, P.C. Attorneys at Law

June 2019 Archives

Can those suffering from bipolar disorder claim SSD benefits?

Mental illnesses are probably the most difficult of all medical conditions that a patient may suffer from. Those illnesses can greatly hamper even the most basic day-to-day activities. An example of one such mental illness is bipolar disorder. As many people in Alabama may know, bipolar disorder is an illness of the brain that severely affects the mood, energy, activity levels and the ability to perform daily chores.

Blue Water Navy Vietnam Veterans Act - June 2019 UPDATE

On June 12, 2019, Congress passed the Blue Water Navy Vietnam Veterans Act of 2019.  The bill now goes to the President to be signed into law.  The bill comes in large response to a major victory in the U.S. Court of Appeals for the Federal Circuit earlier this year.  This bill would extend presumptive benefits to "Blue Water" veterans who served on Navy ships off the coast of Vietnam.  The bill also covers veterans who served in the Korean Demilitarized Zone between September 1, 1967 and August 31, 1971, as well as children born to veterans who served in Thailand between January 1962 and May 1975 who have spina bifida. 

Answers to some common questions about VA compensation

Many people living in Mobile, Alabama and its surrounding areas today served in a branch of the United States military at some point in their lives. Unfortunately, several of them sustained a disabling injury during the course of their service. Those veterans would be aware of the disability benefits that are offered by the Department of Veterans Affairs and also the basis on which those benefits are offered.

Asbestos Exposure, Mesothelioma, and the Effect on Veterans

Veterans who served in any branch of the US military between the 1930s and 1990s are at risk of having been exposed to asbestos during their period of service and could be entitled to disability benefits from VA. Veterans who were exposed to asbestos in-service and have since developed mesothelioma, asbestosis, pulmonary fibrosis, or other respiratory illnesses may apply for disability benefits from VA for these conditions. Most Americans have heard of asbestos or mesothelioma, but many of us do not know what the conditions are or who is affected by exposure to asbestos. Asbestos is a naturally occurring mineral with valuable traits such as fire resistance, fire proofing capabilities, and insulating qualities. These qualities made asbestos perfect for use in the construction of ships, tanks, trucks, aircraft, and even barracks and other military structures in use from the 1930s until the 1990s. All branches of the US military used asbestos widely from 1935-1975 and continued use of structures, vehicles, and vessels with asbestos into the 1990s. When asbestos breaks apart, they release fibers into the air that, when inhaled, can cause mesothelioma and other respiratory problems.

Can I be denied disability because I didn't do what my doctor said?

There is a lot that goes into filing for disability and it seems there are always new rules for denying claims. I want to discuss a new ruling regarding following prescribed treatment. SSR 18-3p went into effect October 29, 2018 and will apply to any decision after that date. This ruling state that someone can be denied benefits if he or she fails to follow prescribed treatment without good cause and that treatment would be expected to restore his or her ability to work.

Rights the SSA grants to all SSI benefits applicants

Many people in our country have to deal with a disabling medical condition, blindness or advanced age on a day-to-day basis. In fact, not only do those people have to deal with the physical discomfort but also have to deal with the financial challenges that arise out of that. According to the guidelines set by the Social Security Administration, those people may be eligible for Supplemental Security Income, which is a federal program that offers monthly cash benefits to those who qualify for the eligibility criteria.

SSI eligibility: Property that does not count as resource

Many readers in Mobile, Alabama would know that the Social Security Administration offers Supplemental Security Income to individuals and couples who are disabled, blind or over the age of 65 years. The SSA, however, provides the benefits after it has determined that the resources of the applicant are limited and without SSI, they would not be able to meet even the most basic everyday expenses. The SSI, therefore, assesses the resources of an SSI claimant before acknowledging their eligibility to claim benefits.

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