Gardberg & Kemmerly, P.C. Attorneys at Law Gardberg & Kemmerly, P.C. Attorneys at Law 2026-10-08T13:48:45Z https://www.gardberglaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503660/2023/09/cropped-fl-site-icon-32x32.png by Lewis Carter <![CDATA[The VA’S 2026 Enrollment Verification Requirement: What a Veteran Needs to Know]]> https://www.gardberglaw.com/?p=53180 2026-10-07T20:44:38Z 2026-10-07T20:44:38Z by Gardberg & Kemmerly, P.C. Attorneys at Law <![CDATA[What is the Residual Functional Capacity in Social Security Disability Cases?]]> https://www.gardberglaw.com/?p=53161 2026-09-17T20:27:17Z 2026-09-17T20:27:17Z Residual Functional Capacity (RFC). An RFC is an assessment of what a person can still do despite their medical impairments. Rather than focusing solely on a medical diagnosis, the Social Security Administration evaluates how symptoms and limitations affect an individual's ability to perform work-related activities. Medical records that describe functional limitations, such as difficulty standing, walking, lifting, concentrating, or maintaining attendance, are critical to an RFC determination. Even when a claimant does not meet a listed impairment, a well-supported RFC can demonstrate that they are unable to perform past work or adjust to other work in the national economy. Often, the determination comes down to how an individual’s condition limits their ability to work every day. At Gardberg and Kemmerly, we diligently seek to understand each client’s medical history and capabilities so we can present the strongest possible case. Contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.  ]]> by Ann Rouse <![CDATA[VA to Streamline Claims Process for Veterans Affected by the 1973 NPRC Records Fire]]> https://www.gardberglaw.com/?p=53160 2026-09-04T19:51:59Z 2026-09-04T19:51:59Z by Gardberg & Kemmerly, P.C. Attorneys at Law <![CDATA[How the VA Determines Service Connection for Hearing Loss]]> https://www.gardberglaw.com/?p=53159 2026-08-26T15:45:53Z 2026-08-26T15:45:53Z On Behalf of Gardberg & Kemmerly, P.C. Attorneys at Law <![CDATA[Why do defense base act claims in Alabama get delayed?]]> https://www.gardberglaw.com/?p=53157 2026-08-26T14:24:46Z 2026-08-26T14:02:50Z Civilian employees who suffer an injury while working abroad for a U.S. government contractor often have a right to benefits through the Defense Base Act (DBA). This federal law helps civilian workers, including many from Alabama, get medical care and wage support after an injury. However, claims often stall for months. Knowing the common mistakes can help you avoid the same delays.

Missing deadlines and paperwork

Timing matters a lot in a DBA claim. You usually have 30 days to report an injury to your employer and one year to file a formal claim. Missing these windows can hurt your case, even if the injury is real and serious. Paperwork problems cause delays too. Workers sometimes leave out medical records, wage history or details about how the injury happened. Insurance carriers often use small gaps in a file as a reason to ask more questions or push back the review. Filling out every form fully and keeping copies of medical visits, pay stubs and employer messages can prevent a lot of back-and-forth later.

Facing resistance from insurance companies

Private carriers handle DBA insurance, and they do not always move quickly. Some carriers ask for extra medical exams, question whether the injury happened at work or dispute how serious it is. This is common and it does not always mean the claim is weak. It often just means the insurer is being cautious with costs. Take note as well that claim processing times are not influenced by proximity to military bases or local federal offices, as all Defense Base Act claims are managed centrally through the U.S. Department of Labor's designated district offices and electronic submission portals. Following up regularly and keeping records organized can help move things along.

Finding the right support

Delays in a DBA claim are frustrating, especially when you are dealing with an injury and lost income at the same time. Many of these slowdowns come down to deadlines, missing documents or an insurance company taking its time. Talking with an attorney who understands DBA claims can help you understand your rights and keep your paperwork on track. It is not about needing a fight, it is about having someone who knows the process walk through it with you.]]> by Noell Espaillat <![CDATA[Updates to the Compassionate Allowance List for Social Security Disability Claims]]> https://www.gardberglaw.com/?p=53153 2026-08-20T14:18:57Z 2026-08-20T13:32:58Z
  • Adenylosuccinate Lyase Deficiency – Neonatal Form and Type 1
  • Aicardi Syndrome
  • Baraitser-Winter Syndrome
  • Beare-Stevenson Cutis Gyrata Syndrome
  • Bohring-Opitz Syndrome
  • CASK-Related Gene Disorders
  • Hepatosplenic T-Cell Lymphoma
  • Lafora Disease
  • Malignant Migrating Partial Seizures of Infancy (MMPSI)
  • OPHN1 Syndrome
  • Primary Cardiac Sarcoma
  • Primary Intracranial Malignant Melanoma
  • Uveal Melanoma – with Metastases
  • Warburg Micro Syndrome
    • You can view the full list of eligible conditions on Social Securities website. The Compassionate Allowances list is separate from Listings or other rules. However, if you have one of the CAL conditions, you likely may meet a Listing level impairment as outlined by Social Security. Many of these conditions are very rare conditions that can affect both children and adults. Contact an experienced Social Security disability representative at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation and lets determine if your condition may fall within the Compassionate Allowance list. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.]]>         by Gardberg & Kemmerly, P.C. Attorneys at Law <![CDATA[Proposed Changes to VA Disability Ratings]]> https://www.gardberglaw.com/?p=53140 2026-08-12T13:33:37Z 2026-08-12T13:33:37Z Sleep apnea – currently, sleep apnea is assigned a 50% evaluation when the veteran requires a breathing device, such as a CPAP machine.  The current focus is on whether the veteran uses a breathing assistance device, rather than the functional impairments the veteran’s sleep apnea causes that persist, even after treatment is in place. The VA asserts that advances in treatment allow many veterans to function with little functional impairment despite requiring continued treatment. Moving forward, the VA proposes to focus instead on how much impairment remains after treatment, rather than whether the veteran uses a CPAP machine or other breathing device. Under the proposed changes, sleep apnea that is asymptomatic without or with treatment would likely be rated as noncompensable. If the treatment provides partial relief, the sleep apnea would be rated at 10%. Higher ratings would be assigned only where treatment is unsuccessful. Tinnitus – While ratings for tinnitus are currently capped at 10%, proposed changes would eliminate the diagnostic code for tinnitus altogether. The VA bases this change on its position that tinnitus is not a stand-alone disease but, rather, a symptom of another condition (such as TBI or hearing loss). The VA emphasizes that these changes will not, however, automatically result in reductions (unless there is evidence of actual improvement). Mental Health – Mental health evaluations are currently symptom-driven. The VA proposes to change the system to better align with the DSM-5 diagnostic manual and functional impairment. The VA also proposes to eliminate the noncompensable mental health rating and set a minimum 10% rating where there is a diagnosed mental health condition, reasoning that the fact of the diagnosed condition necessarily results in some degree of functional impairment. At Gardberg and Kemmerly, we keep a close eye on any pending legislation to best help our clients. We focus on helping clients pursue the full benefits they have earned through their service, and we take the time to understand each client’s medical history, service record, and family circumstances so we can present the strongest possible case. Contact an experienced Veterans Disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court and is honored to represent Veterans and their families.]]> by Lewis Carter <![CDATA[VA Announces Record Investment in Medical Facility Improvements]]> https://www.gardberglaw.com/?p=53136 2026-07-29T13:53:32Z 2026-07-29T13:53:32Z by Gardberg & Kemmerly, P.C. Attorneys at Law <![CDATA[The Benefits of Buddy Statements]]> https://www.gardberglaw.com/?p=53135 2026-07-22T20:15:54Z 2026-07-22T20:15:54Z by Ann Rouse <![CDATA[H.R. 930: Stop the Wait Act of 2025]]> https://www.gardberglaw.com/?p=53134 2026-07-14T13:51:19Z 2026-07-14T13:51:19Z