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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14369
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I received 50 % retroactive to date of filing, Aug 27, 2014.

Customer Question

I received 50 % retroactive to date of filing, Aug 27, 2014. Besides my 50 %, they awarded me smc k for $103. I recently received my t
retro pay, but it did not reflect any money for smc. Smc ws awarded to me as part of my original claim. Shouldn't I have been paid retro for smc
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

You get retro from the time you apply.

Did you apply for SMC?

Customer: replied 1 year ago.
i never formally applied for smc. My original claim from aug 27, 2014 did include a claim for erectile dysfunction. Smc was awarded for loss of use of creative organs. My breakdown for backpay did not include the amount for smc
Customer: replied 1 year ago.
total amount for 50% including smc is 1020.39. Backpay was calculated as 923.65 for 15 months
Customer: replied 1 year ago.
It would appear that they owe me 96.74 for 15 months or a total of 1451.10
Expert:  P. Simmons replied 1 year ago.

If you did not file for it, they are not required to pay you "backpay"on the claim
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they must pay you retro, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I looked at a breakdown of my benefits on ebenefits. Under benefits, it lists smc (K) with an effective date of Aug 27, 2014, the same date as the effective date of my 50% award. Doesnt that in itself mean that I was entitled to compensation or smc from that date. Whether I formally applied for smc seems irrelevant since they have identified the effective date as Aug 27,2014.

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