908 questions in this forum
It's been about 7 years since my last ssdi review. Since then I have divorced my ex wife and have custody of my son. Last time I filled out SSDI papers the VA helped me fill them out. Before my ex would do everything and I never left the house much. On SSDI's 10 page review paperwork I forgot information and know I didn't do a good job. Had to call and tell them I forgot to list a medication or two. I got a call yesterday from the reviewer asking if I'd be willing to see a doctor they'd pay for. I said yes. This has me freaking out. I am rated 100% P&T for ptsd and my ssdi is just for ptsd. I told ssdi I go to the store, park with my son, and that is an improveme…0 votes5 answers
I had a fall about a month ago which resulted in an ambulance ride to the ER. The bills are starting to come in, one I already paid. I have no other insurance but was reading that the VA should pay for the associated medical bills. Can anyone help me out here with some information? I haven't had a trip to the ER for decades and have not a clue how the process is supposed to work for 100% vets. Thanjk you very much!0 votes4 answers
I'm a 58 yr old Air Force vet and I just recently got my SSDI approved which made me Medicare eligible. Me and my wife's health insurance is through Tricare Prime. Tricare rules say that I lose my Tricare eligibility if I decline Medicare Part B. Does this mean I have to pay both my Tricare premium and Medicare Part B premium to keep my Tricare insurance?0 votes5 answers
My husband received this message today. He is in the reconsideration phase. Anyone else received a message like this? & what was your outcome? Did you have to have a Quality Review after, Were you approved or Denied? Just hoping for some input, I’ve heard all of the above occur0 votes1 answer
Question, I’m 100% P&T and draw SSDI. I recently received my Medicare pamphlet and card with instructions on choosing the part B option. My question is being 100%P&T do I really need part B of Medicare? I figured no but, I wanted to ask the Experts! Thanks, Eric0 votes8 answers
Is their a time limit for applying for Ssdi when you receive 100% p&t and smc?0 votes5 answers
Anyone collecting Special Extra Earnings for Military Service and SSDI or is this benefit only for those collecting Social Security Retirement? Special extra earnings credits are granted for periods of active duty or active duty for training. Here's how the special extra earnings are credited on your record: From 1957 through 1977, you are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay. From 1978 through 2001, for every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. In January 2002, Public Law 107-117, the Defe…0 votes5 answers
My dad is 63 He retired from us post office at 55 He was under the old crs system and not the new Fers retirement system. So he paid very little into social security. He did pay 4 years as while in the airforce Then after retiring post office he worked at Wal-Mart for 4 years and paid into SS He currently gets aprox $300 a month from SS He has recently received a rating of 80% from the VA. Is he now eligible to convert from regular SS to SSDI through the Wounded Warrior program and perhaps receive more money from social security? Or is it too late? Thank you0 votes18 answers
I'm rated 100% for MDD non p&t. I have a letter from my voc rehab counselor stating that I can not work. I also have a letter from my psychiatrist and social worker stating that I can not work. What are the odds that I get approve?0 votes11 answers
I’m currently 90% VA disabled but I have other issues that are not service connected. Basically from my waste down is service connected and my upper body is not. I’m have a SCD nerve stimulator implanted into my lumbar, post recovery the neurosurgeon said he would evaluate my neck, non service connected, for a second implant stimulator. I’m 53 is it time ?0 votes5 answers
I am 100% P&T with my SSDI. I am only 55 but need to draw out of my 401K. Does anyone know if thier is an annual limit before the VA or SSA says I made or took out too much and might stop my SSDI?0 votes3 answers
Just wondering if anyone has an experience or can chime in :01/2019- rated 100% PT by VA for mental health02/2019- filed for SSDI through a US Embassy overseas (where I live )03/2019- US Embassy send me packets to fill out that I listed my conditions, doctor names, limits on work, etc. it was about 100 pages. Filled out and sent back.Never I haven’t heard anything until today the embassy called and said they’re scheduling me for an interview next month and to have any "spouse information" and "bank details ready" for the interviewer. (Wish I would have asked more questions now because it is hard to reach the Embassy by phone)Has anyone had one of these calls? She…0 votes0 answers
I've been ssdi since 2016 $1,600.00 a month Been single and never had to pay taxes....Since 1600 divided by 2 is 800.....800x12=$9,600.00 a year. 9600 is less than 25000 so I've never had to pay taxes Now possibly getting married. Possible Spouse makes $63,000.00 a year My numbers remain the same at 1600 a month (19,200.00 a year) Will I now have to pay taxes? How bad will the damage be? Is there a way to file married but desperate in which I can avoid paying taxes?0 votes14 answers
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Hi, I'm going thru reconsideration since the SSDI Psychologist said I'm malingering. Can the VA Voch Rehab letter stating that I cannot be employed help with my case?0 votes1 answer
Greetings to all, as I'm on to the next process dealing with ssa. Which my appeal is at the AC, i noticed the judge had on there my DLI is December of 2018. I believe this to be wrong when my last time working full time was in August of 2014. At my hearing the judge asked a question which my lawyer didnt know, and the judge just said this is to my benefit anyway and said the DLI is December of 2018. How is this to my benefit if this is wrong? as i believe i should still be insured, at least til the end of this year. Will the AC find this to be a error? if indeed the DLI is wrong Keep in mind I haven't address this in my appeal letter, just want to know will they catc…0 votes4 answers
So after 4 years I finally was granted SSDI. I currently have TRICARE, VA and World Trade Center Health coverage. Do I need medicare?0 votes8 answers
Hey guys. So, Im 100% P&T, combat vet. PTSD, TBI plus other various issues. 36 years old going on 106. Major memory, anger, anxiety and concentration issues, ect ect. Most of you guys know the rest.Anyway, Denied once, appealed, denied twice then waited months for my hearing. A year long pile of crap, and just saw on my online SS website that I have been denied.The Hearing:So the guy was respectful enough during the hearing, thanked me for my service and all that. I had my issues written down on a piece of paper so I wouldn't forget them. I was holding it together pretty well, shaking like a leaf (anxiety sucks) but felt I was articulate enough to get my points across…0 votes6 answers
Is it true or has anyone heard the saying that "no news is good news"?.....if so please enlighten me on this. This is what i was told by one of the agents on the phone 1800# Currently waiting for a hearing but believe i may have a fully favorable decision before my hearing. Did anyone else have a decision decided before the hearing while waiting to be scheduled for one, please enlighten me on this process also.0 votes12 answers
I filed my initial claim 11/08/18 with the wounded warrior fast track... 5 months later the My social Security website is still saying: Disability Determination PendingThe Disability Determination Service for your state is processing the medical portion of your benefit application. If they need additional information or evidence from you, they will contact you directly. When I call the SS office they tell me the same thing. Pending. I see most people get a decision in 30-90 days. I called the DDS a couple of times and they said pending as well. I was also advised not to call DDS too often. Just wondering if it taking this long is common. Thanks0 votes2 answers
I'm a 100% P&T vet and applied for SSD the end of March. My application is still noted as " Disability Determination Pending". I was wondering if anyone else is in Oregon and can let me know how long it took to get an initial decision? Thanks!0 votes6 answers
Just curious for the ones that went thru the process. Approximately how long before your hearing u had to wait? Filed in September of 2016 and just found out as of September 20th of this year my case has been listed as critical (being I'm 100 p&t from the VA). And how soon will i be notified to see if i am going to still have a hearing or will i be awarded without a hearing?0 votes5 answers
SSD/SSDI Experts: Initial application for SSD was 22 May 2018. Denied initial application noted via Mysocialsecurity, dated: 17 Aug 2018. No official letter has arrived yet indicating reason(s). Also, my Date of Last Insured is 31 Dec 2018, per SSN. This is what concerns me. After 31 Dec 2018, I am NO Longer eligible for any type of SSD. I know I have 60 days to submit a 'Reconsideration;' however, how I go about this has me stonewalled. My state of residence is TN. @MPsgt You and I have spoke about this some, but not much over this phase: Denial. Making matters worse, when I filled this initial application at the local SSN Office…0 votes16 answers
I think they denied me because I don't have a voc rehab letter saying I'm unemployable. I was working as a security guard where all I had to do was sitting, walking a little, opening and closing doors for contractors doing construction. I figure their can't be a more simple job that that, but I had to quit because of the work environment. I don't want to try voc rehab because I don't see the point in it. I'm not wanting to go back to college and couldn't handle it and I'm unable to do physical labor or simply standing too long or sitting up too long. They gave me 60 days to appeal to the ALJ, but I'm not sure if I want to continue this. What should I do?0 votes8 answers
So my family is eligible for Medicare in May of 2019 and they have ChampVA now. My question is do I have to start paying for Medicare B to have them keep ChampVA?0 votes2 answers
Tbird posted an answer to a question,Further Reading from VA.gov
How do I upload evidence online to support my disability claim?
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
If you’re waiting for a decision on your disability claim, you can upload evidence to support that claim using our claim status tool.
Upload evidence using our claim status tool
Note: For any other type of document you’d like to submit online to us, please use the QuickSubmit tool through AccessVA.
If I filed a standard disability claim, when should I upload evidence?
Upload your evidence as soon as you can.
You can continue uploading documents for up to 1 year from the date we receive your claim. But, if you don’t provide any evidence or give us the information we need to help you get evidence within 30 days, we may make a decision on your claim earlier.
If we decide your claim early, you’ll still have the rest of the 1-year period to provide more information or evidence.
What happens if I upload more evidence after I’ve submitted a fully developed claim?
We’ll remove your disability claim from the Fully Developed Claims program and process it as a standard claim.
If we decide your claim earlier than 1 year from the date we received the claim, you’ll still have the rest of the year to provide any additional information or evidence.
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,If HadIt.com has helped you, please consider helping HadIt.com if you can.
When the site was gifted to Rattler it became a nonprofit. A nonprofit cannot use some of the previous items I used to help finance the site.
Now it all comes out of Rattler's pocket. He will not be able to continue financing the site on his own.
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broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,Let's begin with the regulation on CUE:
https://www.law.cornell.edu/cfr/text/38/20.1403#:~:text=Clear and unmistakable error is,different but for the error.
The Cue error, therefore, needs to be all these things:
2. Outcome determinative.
3. Based on the records VA has in their possession at the time of the decision. If VA was/is missing critical evidence, consider filing a 38 CFR 3.156 (new evidence) instead of CUE.
4. May be filed at any time, such as after the one year appeal period expired.
What CUE is NOT:
Rattler posted an answer to a question,Let me give you some guidance. But first I have to ask some questions.
Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)
If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.
Hopefully I can give you a step by step on how to do this.
1. If you have not done so you will need to get your military records including you military medical records.
You need to do this now. You military records can take 1 to 3 Mo.
Your VA records can take 8 to 9 Mo.
Without them you are kind of shooting in the dark.
You need to sign-up with the VA at https://www.va.gov/?next=loginModal .
I recommend you use Login.gov to get your login above the others as it seems to work better than the others
This way you can track you claims, apply for other VA benefits'.
2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.
3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.
Use the Quick Submit button and follow the instructions.
This should get you going in the right direction.
Two words to the wise.
1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.
2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.
Please don't hesitate to come hear and ask your questions at Hadit.com