Frequently Asked Questions

VA Disability

Thank You for Your Service and Welcome Home

As a veteran who served our country honorably, you may have developed a physical or emotional disability during your military service that impacts your health and well-being. The Department of Veterans Affairs (VA) provides service-connected disability benefits to compensate for these impairments—benefits you have earned through your dedication.

Unfortunately, many veterans and their families encounter swift and often arbitrary denials of VA disability claims. These setbacks can be discouraging, leading some to abandon their pursuits entirely. Do not give up! Persistence is key in the VA disability appeals process, where valuable monthly compensation and retroactive payments await those who navigate it effectively.

At H2H Law Firm, founding partners Todd S. Hammond and Sebastian C. Hammond—two generations of dedicated Veterans disability attorneys—guide clients nationwide through this complex system. Hiring experienced legal representation is essential to build strong evidence, challenge denials, and secure the maximum VA disability ratings you earned.

1. Is It Helpful to Retain an Attorney for My VA Service-Connected Claim?

Yes, absolutely. There are numerous types of VA service-connected claims, including initial applications, increased rating requests, Total Disability based on Individual Unemployability (TDIU) claims, and more. A Veterans disability attorney can assess your unique situation to identify applicable claims, supportive compelling medical and service evidence to prove service connection, and evaluate whether the VA's assigned rating is accurate—determining if an appeal is warranted for higher compensation.

2. Who Qualifies as a Veteran?

A veteran is defined as any individual who served in the active military, naval, or air service and was discharged under conditions other than dishonorable.

3. What Does It Mean to Have a “Service-Connected” Disability?

A disability is considered service-connected if it was incurred or aggravated during active duty in the line of duty. It does not require combat involvement; the key is that the condition arose or worsened while in service.

4. What Are VA Disability Ratings?

VA disability ratings represent monthly tax-free compensation intended to offset the impact of your impairment on civilian earning capacity, without regard to your actual income. Ratings are assigned in 10% increments based on the average impairment in civil occupations, as outlined in the VA's rating schedule (38 C.F.R. § 4.25). If your condition worsens, you can apply for an increased evaluation to reflect the heightened severity.

5. How Does the VA Appeals Process Work?

The VA disability appeals process begins at your local Regional Office with a four-step evaluation: (1) confirming eligibility, including an honorable discharge; (2) determining qualification for disability compensation under VA regulations; (3) assessing disability severity and assigning a percentage rating per the schedule (38 C.F.R. Part 4); and (4) establishing the effective date for benefits. Denials often require escalation to the Board of Veterans' Appeals (BVA) in Washington, D.C., or the U.S. Court of Appeals for Veterans Claims (CAVC). A skilled attorney is invaluable for preparing appeals, submitting evidence, and representing you at hearings.

6. What If I Can’t Afford an Attorney?

There are no upfront costs for representation at H2H Law Firm. We operate on a contingency-fee basis: If your claim is unsuccessful, you owe nothing. Upon a favorable outcome, attorney fees are typically 20% of any retroactive (past-due) benefits awarded from your application date—ensuring accessible, risk-free advocacy.

7. Can You Represent Veterans Located Anywhere?

Yes. As a federal program, VA disability benefits allow nationwide representation without geographic limitations. Using secure email, phone consultations, video calls, and digital tools, H2H Law Firm effectively serves veterans across the U.S. from our base in Salem, Oregon.

Take the first step toward your benefits. Contact H2H Law Firm today for your complimentary SSDI/SSI or VA disability case evaluation—no obligation, no fee unless we win. As a full-service firm handling Social Security (SSDI/SSI) and Veterans Disability claims worldwide, two generations of attorneys stand ready to secure the federal benefits you earned.

Social Security Disability

Navigating Your Path to the Benefits You Deserve

If you're facing a severe medical physical or mental impairment that prevents you from working, you may qualify for Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits through the Social Security Administration (SSA). These programs provide essential financial support for individuals whose conditions have lasted or are expected to last at least 12 months. However, the application and appeals process can be overwhelming, with high denial rates throughout without attorney assistance. Do not give up! Many claims succeed on appeal with proper development.

At H2H Law Firm, founding partners Todd S. Hammond and Sebastian C. Hammond—two generations of experienced Social Security Disability attorneys—offer nationwide representation to help you build a compelling case, supportive medical documentation, and navigate hearings. Whether you're applying for the first time or challenging a denial, our team is here to maximize your chances of securing the SSDI/SSI benefits you need for financial stability.

1. What Is the Definition of a Disability?

According to the Social Security Administration (SSA), disability is strictly defined to ensure only those with significant impairments qualify. To be considered disabled, you must have a medically determinable severe impairment that has lasted or is expected to last at least 12 continuous months (or result in death). Additionally, the impairment must prevent you from performing your past relevant work—defined as substantial gainful activity earning at least $1620 per month (adjusted annually). Finally, you must be unable to adjust to any other type of work considering your age, education, skills, and medical condition. If your impairment allows for related or alternative employment, you will not meet the SSA's disability criteria. Consulting a Social Security Disability attorney early can help evaluate if your condition aligns with these requirements.

2. How Do I Apply for Social Security Disability Benefits?

The SSDI/SSI application process varies based on your unique medical history, past 2 year work record, and current financial situation, making personalized guidance essential. We strongly recommend consulting a Social Security Disability law firm like H2H to review your case before proceeding—this can prevent common pitfalls and strengthen your initial submission.

You can apply online via the SSA's official website at www.ssa.gov/disability. Alternatively, visit your local Social Security office to file in person or by phone at 1800-772-1213. Be prepared with detailed medical records, work history, and financial information to support your claim.

3. What Do I Do If Social Security Denies My Claim for Disability Benefits?

Denials are common—over 60% of initial SSDI/SSI claims are rejected—but the SSA provides a multi-level appeals process to challenge them. This includes Reconsideration, a hearing before an Administrative Law Judge (ALJ), andAppeals Council review. The procedure is intricate, with strict deadlines (typically 60 days to appeal), and errors can cause significant delays or loss of benefits.

Before proceeding, contact a qualified Social Security Disability attorney for a case review. At H2H Law Firm, we provide expert guidance on supportive additional evidence, preparing for hearings, and representing you throughout the appeals process to increase your opportunity for favorable decisions.

4. What Are the Different Types of Social Security Benefits Available?

Several programs under Social Security offer disability support, each with specific eligibility rules. Here's an overview:

A. Social Security Disability Insurance (SSDI) To qualify for SSDI benefits, you must have a sufficient work history—typically earning credits from at least 5 of the last 10 years through payroll taxes. Maintaining detailed, up-to-date medical records is crucial to demonstrate that your impairment prevents you from substantial work. SSDI provides monthly payments based on your earnings record, plus Medicare eligibility after 24 months.

B. Supplemental Security Income (SSI) As a needs-based program, SSI benefits have no work history requirement. Eligibility depends on your limited income and resources (e.g., household assets below certain thresholds, like $2,000 for individuals and $3000 for couples). SSI offers monthly cash assistance for basic needs, often supplemented by Medicare coverage.

C. Disabled Widow's or Widower's Benefits These are available to individuals aged 50 or older who become disabled within 7 years of their spouse's death (or sooner in some cases). The deceased spouse must have had sufficient work credits for Social Security eligibility, providing survivors with monthly benefits based on the late partner's record.

D. Disabled Adult Child Benefits Awarded to unmarried adults (18+) whose disability began before age 22, these benefits are tied to a parent's SSA record. The parent must be deceased, receiving SSDI, or drawing retirement benefits. This program ensures ongoing support without requiring the child's own work history.

5. How Much Can I Collect from Social Security?

The amount of Social Security Disability benefits varies by program. For SSDI, payments are calculated based on your lifetime average earnings covered by Social Security taxes—typically ranging from $967 to $4018 monthly (adjusted annually). You can estimate your amount logging into your My SSA account.

For SSI, benefits are needs-based and capped at the federal maximum (e.g., $967 for individuals in 2025), reduced by countable income and assets. Higher household resources mean lower payments. A knowledgeable SSI attorney can provide a personalized estimate after reviewing your finances.