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photoman

Seaman
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About photoman

  • Birthday 10/22/1958

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  • Location
    Silverdale, WA

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  • Service Connected Disability
    100%

photoman's Achievements

  1. While I appreciate the feedback, I must admit that I may not have been clear. I'm very familiar with the regs pertaining to my disability rating and retaining it, et al. Senior veterans rated TDIU are faced with the very real possibility of losing their rating during each budget session. It nearly happened during the Obama administration, as well as the Trump administration. Nearly a quarter of a million senior veterans may lose their TDIU. Each time it comes before congress the Veterans Service Organizations aren't so quick to act on our behalf. My question may more succinctly be summarized in the following article: https://www.disabledveterans.org/2017/05/24/amvets-speaks-dav-legion-silent-benefits-cuts-affecting-elderly-veterans/
  2. Thanks for such a prompt and thorough response. Although I do have tinnitus (not rated) from Air Force air craft and other exposure, and a knee condition (not rated), but documented in my military records, I've only got the 70% TDIU P&T for PTSD. I was discharged in 1977. Should I go for getting these conditions rated as well? Or is this a can of worms?
  3. I'm absolutely terrified that at some point I'll lose my 70% TDIU P&T when I reach eligibility age for SSI. I know that each budget period the issue comes up to eliminate TDIU at retirement age to save money. Thusfar the Veterans Service organizations have protested and older Veterans, like me, approaching retirement age can breath a brief sigh of relief. I'm 60 years old now, and live in absolute fear and angst that in a few short years I'll literally end up homeless and destitute, my wife and college age child would lose benefits as well. I know no one has a crystal ball, but I am becoming more obsessed with contacting my service officer with the American Legion and submitting a claim for 100% P&T and looking into filing for Schedular. I've been 70% TDIU P&T since 2006. What is the likelihood that TDIU for senior Veterans will be on the chopping block. What should I do to protect my benefits. Thanks in advance for any words of wisdom.
  4. I was not quoting anyone, but paraphrasing Chuck75. This is who I thought I was adding the reply to. There is no malice hear so try and be a little courteous. Again, my apologies.
  5. My mistake. I didn't intend to quote you. I thought it was someone else. Please accept my apologies.
  6. Yes age has something to do with it and you will probably get it the second or third time around, but as I stated previously you need more documentation supporting SSA Disability. I would recommend that you pursue the TDIU piece as well. This may take awhile. I stand my previous answer. The evidence you present to SSA must be consistent and I would advise more than one practicioner. Who is treating you for the PTSD and who is treating you for the medical stuff. Get letters from both. My experience is that even if you haven't as of yet been granted TDIU you may be able to win by presenting more than one letter. I even had my wife write a letter and wrote a statement myself. Make sure that all the documentation is consistent. Yes, talk to an attorney, and yes ask for a DRO Hearing. I had one years ago and it definitely helped. Again SSA is going to look at 50% and 20% and have an MD note saying you can't work. This is an easy denial for SSA because of the INCONSISTENCY in the case evidence presented. Trust me when I was working I used to do Mental Health Evaluations for SSDI. You might want to ask for an increase in your PTSD rating to 70% if you can't work, you should be able to get this pretty quickly.
  7. Yes age has something to do with it and you will probably get it the second or third time around, but as I stated previously you need more documentation supporting SSA Disability. I would recommend that you pursue the TDIU piece as well. This may take awhile. I stand my previous answer. The evidence you present to SSA must be consistent and I would advise more than one practicioner. Who is treating you for the PTSD and who is treating you for the medical stuff. Get letters from both. My experience is that even if you haven't as of yet been granted TDIU you may be able to win by presenting more than one letter. I even had my wife write a letter and wrote a statement myself. Make sure that all the documentation is consistent. Yes, talk to an attorney, and yes ask for a DRO Hearing. I had one years ago and it definitely helped. Again SSA is going to look at 50% and 20% and have an MD note saying you can't work. This is an easy denial for SSA because of the INCONSISTENCY in the case evidence presented. Trust me when I was working I used to do Mental Health Evaluations for SSDI. You might want to ask for an increase in your PTSD rating to 70% if you can't work, you should be able to get this pretty quickly.
  8. Whether we would like to believe it or not SSA looks at SC C&P results and often will look at the medical data from VA and chose to accept that or not in deciding your case. Did the Feds retire you medically as a direct result of your conditions? At least 7 out of 10 SSDI cases are denied the first time around. TDIU would definitely be a plus otherwise it is going to be an uphill battle with SSA. Consult with an Attorney. TDIU will bring you to 100% in which case you'll have a better chance with SSA, but until then SSA is seeing 70% and one letter. This creates reasonable doubt and unlike the VA SSA doesn't have to decide in favor of the Applicant. I would definitely call the Lawyer. He may say that you should wait until you get TDIU. I would appeal SSA's decision, but you need more medical data supporting your inability to engage in sustainable Do you have a medical condition that has prevented you from working or is expected to prevent you from working for at least 12 months or end in death? Call SSA and talk with them. Go down there in person. Be courteous and bring someone with you who can help you ask questions. http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php?p_sid=a8FBDX3k&p_lva=&p_li=&p_accessibility=0&p_redirect=&p_page=1&p_cv=1.105&p_pv=&p_prods=&p_cats=105&p_hidden_prods=&cat_lvl1=105&cat_lvl2=0&p_search_text=&srch_btn_submit=%C2%A0%C2%A0%C2%A0Search%C2%A0%C2%A0%C2%A0&p_new_search=1&p_search_type=answers.search_nl
  9. The short answer is no if you are disabled and seeking SSDI, although you may win UC this could create complication down the road. Remember that if you collect UC this and actively seeking employment you are perceived as being ready and able to work. Administrative Law Judge may grant you UC initially, but I used to testified in unemployment compensation hearings as an employer and if you are applying for SSDI and actively seeking work many ALJ's would deny you. they are getting more and more strict on this question of UC &SSDI. If you are granted UC the amount you earn will put you over the SSDI threshhold for earnings. More than likely you will be denied flat out if you were granted UC. I was in the same situation. I actually couldn't handle being on meds and being the Director of Safety & Benefits. One day I walked of the job. I knew that if I collected UC it the company would fight it and probaly win. Once SSA gets wind of it I am caught and they are going to be highly suspicious. You can't sit on the fence. I didn't even try to collect SSDI. If your planning ahead you have to decide one way or the other. Get a consult with an SSA Lawyer. http://www.ssdanswers.com/2007/09/09/does-accepting-unemployment-benefits-hurt-my-ssdi-case/
  10. If SSA is asking you to come into the office to make your Fiance' your protective payee and/or sign paperwork as the Custodial Parent for your dependents. I don't think they are asking you to go there to sign paperwork unless funds are going to be disembursed, e.g. SSDI. The protective payee will be responsible for your funds received from SSA for SSDI. It seems obvious that you need to ask them if you have won your consideration, but you need to ask. They are the only ones who can answer. Just ask!
  11. You should share more information. I don't care what any statistics say there is no way to predict the outcome of an appeal. When I was working as a Mental Health Professional and Human Resources Manager, I have sat in front of many ALJ's. They are not going to want to hear the same thing again. The Appeals Council will not want to put the same thing in front of an Administrative Law Judge unless there is new and compelling evidence that hasn't been hear. Has the VA adjudicated your case? Why were you denied at the ALJ hearing level? If you have a Lawyer handling your case, then why are you even asking this question? If your Lawyer has done this before one might imagine that he/she is the one who knows what you need to do on appeal? If not you might want to be searching another Lawyer. Was you VA information entered into evidence? Were there inconsistencies in the presentation of your case? Even if someone has won on appeal this doesn't change the questions that led to your denial. Your question just raises more questions. You may also have your case dismissed if the ALJ decides that the claim has already been decided on the same issues with the same facts. These types of decisions can also be appealed to the Appeals Council. So was your case presentation based on the same evidence. In order to increase the likelihood of winning you may need to present yourself differently, obtain more supportive and compelling information to be granted an appeal by the Appeal Council. If you are appealing without any additional and compelling information your chances of being granted an appeal are diminished. If you have to ask such a question on Hadit.com, I have questions about your Lawyers experience. Hope this helps to some degree.
  12. Yes and make sure that it is consistent with all the other data you have conveyed or submitted to the VA and SSA as well. In my case they requested my VA C&P results. I hope I posted this in the right place.
  13. Yes and make sure that it is consistent with all the other data you have conveyed or submitted to the VA as well. In my case they requested my VA C&P results.
  14. “Consultative Examinations “If the evidence provided by the claimant's own medical sources is inadequate to determine if he or she is disabled, additional medical information may be sought by recontacting the treating source for additional information or clarification, or by arranging for a CE." http://www.ssa.gov/disability/professionals /bluebook/#Medical%20Evidence ://http://www.ssa.gov/disability/profe...cal%20Evidence Please follow the link and read. In know way is it a show stopper if SSA tells you they don't need you to submit to a CE. If SSA has current data from your providers they would prefer to us that if it meets the "Professionals Bluebook" criteria. Call the disability specialist working you case and ask. I disagree that "mental ce's" are done as a matter of course. This didn't happen to me. Just read it from the horses mouth.
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