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HALSA represented a client who already had been approved for non-service-related Veterans' Administration disability benefits. According to the Ninth Circuit Court of the United States, the Administrative Law Judge in a Social Security disability hearing, must give "controlling" consideration to the disability determination by the VA. In this client's case, when the HALSA attorney pointed out the VA decision to the Administrative Law Judge, he commented that he was not required to follow that decision. When the HALSA attorney then pointed out the Ninth Circuit Court's case, the Administrative Law Judge disagreed, stating that he does not have to find the VA decision "controls." The client was 58 years old and had been positive for HIV for nearly 20 years. Despite this disagreement over the applicable law, the Administrative Law Judge did approve the appeal, and awarded the client Supplemental Security Income (SSI) benefits retroactive to August 26, 2002. Because of SSI offset rules, the client is not allowed to receive a full SSI check plus the full VA check, but he will get something, and he also will get his MediCal coverage.
11/11/2004 - Social Security and the New Fleeing Felon Rules
11/01/2004 - Success! SSDI + VA
11/01/2004 - Success! CD4 of Two = DISABLED
08/27/2004 - Success! HIV + Developmental Disability
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