Ssi/need Help

[jusus27360]

Hi

Im currently receiving ssi an i have applied for tui, do I need to send a copy of my award letter to the va? Right now im at 60% an will be turning 60 in feb. I have two supporting letters from my orthopedic doctor an my primary doctor stating that I cant work. I have a ruptured disc in neck an avasical necrosis in left shoulder that was diagnosis last year. Can my new health issues be link to my orginal claim which is severe ddd an ruptured disc in lumbar. Ive had three back surgeries. Would like to know how to handle this part of my claim. Thanks for any input.

[broncovet]

Look in your SSI award letter, and see what conditions SSI rates you as disabled on.

If those conditions are all service connected, then by all means submit a copy of the SSI award letter in support of your IU claim at VA.

You see, if SSI says you are disabled by conditions which are NOT service connected by VA, this letter would likely be unfavorable to your TDIU claim with VA.

You dont ever want to lie to VA, but it is not your responsibility to send VA evidence to deny your claim. VA already has a list of a million excuses to deny and you need not give them one more. I send VA evidence that supports my claim..not evidence to deny it.

There is an exception to this.

For example, if VA grants you pension, and you get married and your wife earns 100,000 per year, you better tell VA about your new wife and her income, and here is why:

You are only entilted to pension based on your needs. In other words, you should get about 12,000 per year to survive. So, if you earn 2,000 in a year you should get in pension another 10,000 per year. However, the VA assumes all available household income is available to you. So your wife's 100k per year means you are no longer eligible for pension. If you dont tell them this, it means when VA finds out about it, they will take your pension back and you will owe them big bucks to pay it back.

In my case, I got married and immediately told them my wife is a nurse and earns more than 12,000 per year. The VA sat on this for 2 years and finally decided I was no longer eligible for pension and told me I owed them about 24,000 dollars.

I appealed this debt. I explained that it was not my fault the VA sits on my letter for 2 years and keeps paying me pension when I told them I was no longer eligible. I also explained that them taking back the 24 grand would create a hardship, as I do not have any entitlement to my wife's income! They reversed the debt, and I did not have to pay it back, due to the fact I was honest and reported the income change, and that I have no control of how long it takes the VA to process my paperwork. When the VA sent me money, I assume this is my money and I am entitled to it, as long as I told them the truth. You are required to report income changes with pension. You should also tell VA if you go back to work if you are on IU. Tell them the truth, and if you dont like their decision, you can appeal.

Edited June 7, 2015 by broncovet

[Philip Rogers]

Are you receiving SSI or SSDI??

pr

[jusus27360]

The ssi is based on all the medical paperwork i turned in from the va. Ssi doesnt give you a rating it from how much you put into the system while you were working. Im not able to work thats why im applying for tui. I hope the va will approve it but I kniw it will be difficult. When I applied for ssi they knew I was getting a disability check from the va.