908 questions in this forum
Recently, I was awarded 100% P&T w/o future exams and Chapter 35 Benefits. I also received full medical retirement from the Army. This post for information seeks any input from those privy to Social Security Disability benefits and concerns regarding one's legal right to carry concealed. As for now, I have yet to apply for social security benefits. To be honest, my pride gets in the way. I truly feel these rights are for others suffering from a serious handicap. Nevertheless, I am curious about my 2nd Amendment Rights in the event I do apply for social security. Would anyone like to chime in here??? I ask this because the other day I had to apply fo…0 votes18 answers
Hi, I have been awarded 100% P&T by the VA. So i applied for social security, they recently sent me a letter saying that it was approved. But here is where things get tricky, I first filed on 9/27/2017. But on my award letter it only talks about 2016, it also says that my benefits were suspended in 2016... But why? at that point i hadnt even filed for ssdi. here is a timeline of events and my award letter. 02/08/2018 A Decision Has Been Made On Your Appeal Your claim for Disability benefits has been approved. A detailed notice has been sent to you wit…0 votes3 answers
I got my second denial from SSA for SSDI. I'm 100% T&P Unemployable. I hired a law firm to do my paperwork because I just don't have the ability or concentration do so. So I got my second denial, which I'm not really happy with my Lawyer as I thought I would be getting more help with the filing. I had to fill out the question pamphlet they sent by myself which took forever. I didn't get any help on that. Which I though a lawyer would help with the wording and medical terminology info to make sure it sounded the way the SSA folks needed it to read. Now that I'm on the second denial and going to a judge next I'm going to need some help to make sure I'm getti…0 votes5 answers
Got my 100%VA disability back in 2013. Didn't know I could file for SSDI or even what is was in the meaning I could qualify for it. Heard about it last year and finally getting myself motivated and leaving the notes to myself to get it done so I don't forget. I guess I just have some questions based on my situation and what to expect in the SSDI process. I don't have the ability to stay on top of getting stuff done so I'm going to choose a lawyer that specializes in doing SSDI as it should be a easy process that they have down to a T by now at the law firm. At the same time I don't trust anyone so what things should I look out for if a lawyer isn't doing thei…0 votes7 answers
I've been on SSDI for 3 years. And rated TDIU P&T for 2 1/2 years. I received the long form CDR about 2 weeks ago and I'm scheduled for a Mental exam this coming Friday. My adjudicator seems like a real sour person. She wont return voicemails or even answer the phone the last 4 days. Last I spoke with her she said she got little to no records of my treatment in the last year. I gave permission for them to collect all my information and even attached my TDIU P&T award letter. I'm not looking forward to the exam, its the same person who did my first exam on my SSDI claim that was denied. Not sure if he had anything to do with it or not. All I know is I've continued…0 votes6 answers
Ok I’m trying to figure out when I add my dependents to include my wife and kids how this works. I’m told if I include them they get half what I make but split in three ways. But since my wife works part time she makes over the 17k limit so much rather she would get nothing but the other two have the reduced split amount. But I have the option to just have my kids listed on my benefits and not my wife and they would receive 420 instead of 280 since it’s only spilt between my 1 and 3 year old? Why if my wife helps take care of my children does she even have a limit to her income? He said he didn’t know anything about spousal benefits but to call my local SSA office.... am…0 votes0 answers
Just a heads up if you are P and T and your claim wasnt expedited do like I did and notify your senator or congressman’s office. They will put in an inquiry which then my was hearing was scheduled two weeks later. I didn’t mind the 4 month wait for the hearing I’m glad I got it scheduled quick and not 18-24 Months later. If you don’t know one in your state do what I did google your state or your county I. Your state congressman email/ phone number call his office say your a disabled vet who needs help with his hearing..0 votes4 answers
So they deny me and say they don’t have vocational evidence for a grant but they can opinion to deny based on not even the doctors opinion they sent me too but DDS adjucator. They requested a Voc expert for the hearing and as such I had an assessment done by another Voc expert to see his opinion which was a grant. I used Mylar Disability and am worried about not having a hired attorney yet for my claim. Stress is besting me again much my VA claim until I was found P and T. My judge approval rating is 70% in all his cases this year but just don’t want myself to get complacent so I don’t forget details. Is there anything else I could possibly get to help my SSDI case other …0 votes11 answers
Hi, i am SC 100% P&T for bipolar, asthma and a few other things. I tried to apply for ssdi, but was denied - in a nutshell they said "we see that you are disabled, but we have determined that you can adjust to other work. we do not have sufficient vocational information to determine whether you can perform any of your other work". So i take this as them needing more proof that i am really a screwed up person (which unfortunately i am , mainly due to the extremeness of my bipolar). So iread that i could get a doctor to fill out a form to better explain my issues. https://www.disabilitysecrets.com/sites/default/files/Residual_Functional_Capacity_Form…0 votes5 answers
Currently being reviewed at 3 yr mark from the SSA. Has anyone on here ever been reviewed, what was it like? Also has anyone ever lost their SSDI? I am only 35 so I know the SSA will continue to review me every 3-7 yrs until I get old, and have a head full of Gray Hair, Lol. Two years reviewed by Military, became Permanent, Last year VA went from 100% Temp to Perm. Just seems like every year I am fighting or defending myself. Worse is I am waiting to have back, neck and shoulder surgery. Just overwhelmed as most of us Vets are. Sorry for the rant, and thanks in advance. God Bless0 votes16 answers
Looking for feedback! At my ALJ Hearing for SSDI the state medical doctor refuted all the finding for PTSD, Anxiety, depression, panic attack, also, he said the medication they given me isn’t sufficiently to support PTSD finding. I’m prescribed 15mg Lexapro by which the VA C&P exams doctor rated me 30% all documented. The reason he said VA doctors don’t diagnose us veterans correct and implied 20/40mg should be given for PTSD symptoms. Ok, yes he said I don’t have PTSD to the ALJ during the Hearing SSDI. Well, my VA PCP doctor submitted documents stating severe PTSD, VA PSYD CBOC submitted documents/treatment for Depression, VA MD CBOC submitted documents/reason…0 votes4 answers
Can you collect SSD while getting VACP ?0 votes7 answers
Will using a C&P exam TBI review showing condition is progressing and is considered permanent and total help with proving my SSDI my hearing is in December I need all the help I can get?0 votes7 answers
This whole SSA is almost as confusing as the VA is I just proved I was P and T with them now I just had to sit through two denials a reconsider and the first claim before I filed for a hearing on July 26, 2017. Its just like the VA with this wait I was told 18-20 months with a wait. Who knows my attorneys seems not the brightest I got my claim expedited by having an inquiry made by an inquiry made on my VA rating of P and T. Not sure what that does I check last week and it was in some sort of pre hearing phase before the hearing but I'm sure if their like the VA delay hope something happens wait some more nothings happening wait some more of remand back to the BVA. Has an…0 votes4 answers
Curious I called my local congressman whole said they were putting in an inquiry due to being Permanent and Total and to they would see if they could help. This seems fairly quickly moving as fair as SSA is concerned so I'm told, is this due to someone submitting in an inquiry for me?0 votes2 answers
I currently get about $449 from SSI and $456 from VA I logged into myssa and found this information, my understanding is SSDI is based on work credits and i may not qualify For Social Security Paid by you: $1,538 Paid by your employers: $1,472 For Medicare Paid by you: $355 Paid by your employers: $3400 votes2 answers
I received the paperwork for Social Security a month or so ago saying that my case was up for review. It had some paperwork to fill out, etc. I filled it out and also enclosed my 100% IU permanent and total letter when mailing it back. Yesterday I received a letter back saying that they weren't reviewing my case at this time and that I need to notify social security if anything changes. I have never had any doctor or medical appointment for my SSDI, just my VA records. Do I just sit back and wait for them to decide to review or does this mean they will look at it again in 3 years?0 votes13 answers
Does this help with my chances of getting approved for SSDI?0 votes6 answers
I know now this could mean both but when I ask the DDS rep what she used for my claim she said 11.18 TBI and 12.02 organic mental disorder. Hope that's mean first shot one kill!!! So anxious for my call tomorrow Benefit Application Under Review A medical decision has been made and we are working to process your benefit application. A Social Security Representative may contact you directly if we need any additional documents or information. 01/13/2017 The Disability Determination Service for your state started processing the medical portion of your benefit application. 01/10/2017 …0 votes6 answers
Greetings, Does anyone have a 'Golden' M.D. SSDI letter with important factors listed. For example, I have seen Nexus letters like Dr. Bash writes which has all the important factors listed the VA wants to see. I would appreciate a similar letter tailored to the SSDI, for important factors they require as well (without spending $!6K I don't have.) I have an expert M.D. who may help me, but I'd like guidelines to assure I get the maximum possible. I am broke now and have my VA C&P exams needed (for immediate TDIU at approximately 90% so far), but you all know about the VA delay factor. I would like to expedite my SSDI since they seem willing and able to do so. How…0 votes5 answers
I just Came from my DDS adjudicator SSA office, she gave me the generic answer well I have everything to make a decision she's like so you want me to wait for your neuropsych test you did on the 21st I said you have my TBI review from Dec. neuropsych from 2007 2010 and my PTSD review and thousands of my medical records pertaining to my disabilities, go ahead just do it. Then she explained well if she wasn't able to grant me even after all the things I've submitted that when I appeal to reconsider she could have missed something which made me worry. I'm hoping she said that because we were in the SSA building and isn't legally allowed to hint which way she was leaning she …0 votes0 answers
I hope this is a good sign for me I'm in need of something to sustain my newborn coming in May. I filed in January and have meet with the DDS officer working my case I live 10 minutes from the SSA office so I've been in with my wife and have delivered all medical evidence needed she said but she still needs to send for a mental RFC luckily 9 days before I am getting a neuropsych from the VA for my treatment plan. What are my odds if I ask the VA doctor he could forward it to the neurologist and maybe see that and also I'm getting a shot of some pain killers in the head to help with my headaches? I'm getting anxious because everything is happening all together.0 votes0 answers
I have been speaking with my DDS person and she tells me that I need to go in for a neurology exam. I'm hoping this is a good sign but it wasn't scheduled until March 30 with Dr Alan J Fink neurogist of Delaware. Has anyone on here a SSDI exam for their TBI? Is this just what they do so they can deny anyways? I'm not hiding anything I also have a appt at the VA prior to get a shot of something in my skull for my headaches.0 votes0 answers
I just got a letter from the DAV that states that the letter is not official notification but I will get official notifaction following "completion of necessary administrative procedures". And the VA reserves the right to modify prior to official notification. OK I filed an appeal about 4 years ago and haven't heard a word. No change in status on ebenefits. The letter states that the DAV has reviewed the latest VA decision concerning your claim for benefits. The VA has taken the following action(s). DECISION 1. Service connection for xxxxxx to include xxx and xxx.is granted in the amount of 70%effective date xxx 2 A clear and unmistable error occurred …0 votes5 answers
Things about my situation Age - 56 100% VA disabled P&T Disabled Civil Servant, after 29 years. Social Security work history of 40+ years Given my condition and declining health I can't work anymore. I'm in the final days of my civil service career and only working about 20% of the time. Once the paperwork is finished I'm moving home to Oregon. I was required to file for social security disability for my civil service retirement and it was denied because I'm still working. Any idea how this will go and should I hire an attorney to represent me? Thanks0 votes9 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