Loose Cannon

Thanks for the reply. Guess I've been putting off gatting a lawyer because I felt I shouldn't have to PAY someone for what I beleive I honestly am entitled to. But, as someone here has mentioned...80% of something is better than 100% of nothing! Sucks that the system is this way but it is what it is. Thanks for your advice...I'll be looking into this next week. LC

I wish I could answer this but my application for SSDI was disapproved...Filed a Reconsideration Request and had it disapproved in 8 days before they even received all my evidence. Contacted the DDO who confirmed she never goy ANY of my evidence and that she would "speak with her supervisor and get back with me". I have been getting the runaround now since October 7th with her. Thoughout this entire process which dates back to February, I HAVE NEVER BEEN SCHEDULED for a Consultive Examination. Isn't this a requirement?? Can I request one??? What a nightmare... LC

Just wondering...How were you able to verify that they are 33,348 cases behind? Is this morning report available for public viewing? I have a claim in development since Feb 2011 and it involves an increased rating for PTSD, TBI, and IU so I can understand that they need to be thorough. The issue I have is that they should have a pretty good idea as to what tests are needed EARLY in the process, not right before a case is ready to move to the next phase. Oh well...I'll play the game but be careful about requesting a congressman/senator's assistance. I heard that once you do that, it SLOWS your case down as the entire C-File has to get pulled and made available for your rep to view. Got to do what you feel is best...that's just my two cents LC

Stu, Hang in there and don't get discouraged. I'm going through something similar as you and I'm also dealing with the Winston-Salem VA. I completed four C&P exams (all done via QTC). At the last exam, the doctor mentioned that I would need to be scheduled for an upper GI series for her to be able to complete her report. I told her I just had an upper GI series done at the Durham VA only a week earlier. To make a long story short, I ended up wasting about a month's time while QTC scheduled me for THE SAME test about 130 miles away. When I called my QTC Rep and told her of the earlier test she had me fax her a copy of the test/results and said she would forward them to the doc to complete her report. After not hearing from QTC, I figured I better go to the test as scheduled...NEVER MISS A C&P EXAM, so I attended and repeated the test AGAIN. On the way home, QTC calls to tell me I didn't need to go since I faxed them the earlier test paperwork . Not only did I repeat a test, x-rays, and drive 130 miles for nothing but there was no travel pay check there for me. To this day I still haven't received it yet...according to QTC its in the mail and should arrive soon. Moral of the story/ Lesson learned - We're at the mercy of a system that has way too much bureaucracy and "red tape". So many times I've tried to clarify things with a phone call only to hear a voice recording. Stay persistant...Take it one day at a time and try to pick your battles wisely- learned this the hard way. Trust me, I know what you're experiencing and it is sad that we have to go through as much crap as we do to get what we are rightly entitled to. Keep positive and try to learn what you can through this website and others. MANY of us are going through (or have gone through) "the process" and have good ideas to pass along. LC

That's my understanding too. Seems like yet another case of "beurocratic red tape" but thats how our wonderful system works. The FOIA request was put in by my DAV rep to the VARO. Don't think I have any other options except to wait. Too bad because these reports would help my SSDI case a lot. LC

Funny that you mention this. I had an appointment today and my doc mentioned the recent FDA warning you talk about. Sending me for an EKG next week just to make sure all is good. Thanks for the heads up LC

Been taking it since July...up to 60mg daily. No severe or major side effects to report. It helps some with my anxiety (PTSD related) but I'm finding out there's no "magic pill" for this. It's just something that I guess we can try to manage day to day but not sure if, in my case at least, it will ever go away. Give it a shot and maybe it can help you out...One day at a time brother- You're not alone in what you're going through if that's any consolation. LC

Still trying to obtain a copy of my PTSD C&P Exam. Had mine done outside the VA by QTC and getting a copy of it is proving very hard. Wish mine was done at a VA Hospital...getting a copy would be so much easier. I assume yours was done at a VA facility? If it wasn't, any secret you can pass along on how to get a copy would be appreciated. I am being represented by the DAV and they put in a FOIA request for it but still waiting... Good luck with your claim. There will be good days and tough days ahead but try to stay positive and keep fighting for what you've earned! I'm with you brother... LC

I agree 100% with your comments. In fact, since 2005 I've been receiving care from the VA and its been nothing but great. I heard a lot of "horror stories" and although everyone's experience is different...mine has been very good. Sure there's always gonna be a "huckleberry" in every profession but my experience thus far has been a good one. The people I take issue with are those that think they are "king sh@$" and that they know everything even when they are incorrect. I try to be nice to everyone which is easier said than done...but it's a two way street. Respect goes both ways or I go a seperate way. LC

Great advice- Thank you. I apologize for the sarcastic tone in my post but I have no patience for people lately after being involved in this "process". I will be polite when dealing with these folks and try my best to stay positive.

Thanks for the reply. Today's a new day! Just trying to stay positive and navigate through the process while maintaining my sanity. I will keep fighting for this as long as it takes and hope that a positive result is in my future. As a former US Marine, we don't give up easy!

Hello All, Just when I thought things were getting better...the "system" again lets me down. I must remind myself: Patience, Patience, Patience but too often it seems like the deck is stacked against us. In my original attempt at SSDI, the most important evidence (my doctor's statement) showed up at the local SS field office ONE DAY after they made their decision...so...I picked my dissapointed self up off the floor and got to work preparing my Reconsideration Appeal. Here's a breakdown on what has transpired: 9/22 - Filed Reconsideration Request online at the SS website. 9/26 - Received the standard "Important Info About Your Disability Claim" letter from the new Disability Examiner working my appeal. 9/29 - I HAND DELIVERED to my local SS Field Office a Disability Report-Appeal, two seperate statements from me, a statement from my wife, and a statement from my doctor regarding my PTSD disability covering symptoms, diagnosis, treatment, how it affects my ability to hold gainful employment, and prognosis. I also provided them with 7 medical release forms so they could obtain records...ALL THIS WAS HAND DELIVERED. They made a copy of EVERYTHING, stamped it with the date September 29, 2011 and gave me the copies. The woman who did this even said she was placing it on the examiner's desk who was reviewing my appeal. 10/3 - I sent via US postal certified letter an additional statement from me asking them to review (attached) 2 letters from former employers, 2 employee counseling documents, and a "statement of clarification" on how PTSD corresponds to their codes, etc. Some of you may know this as "Patrick's Letter" and have used it in similar claims. 10/10 - I sent via US postal certified letter a statement from me requesting assistance in obtaining a doctor's report that was done the month prior as part of my VA C&P exam for PTSD and TBI. This document is important because although I've yet to see it, she said "do not worry about anything. I will be recommending 100% disability to the VA as a result of your injuries/condition". Sounds pretty good...something that I'd want in evidence as I battle for SSDI, right? I provided them the address of the VARO where that report will ultimately wind up as well as another signed medical info release. The DAV is representing me at the VA and they have also filed a FOIA request for this report but I figured it wouldn't hurt to have the SS agency asking for it too. They do have a responsibility to assist according to their own Evidentiary Requirements. So just when I thought it was time to sit back and be patient...What shows up in the mail this SAME DAY? Yep, a DENIAL LETTER for my reconsideration request, dated 10/7/2011. The letter stated "based on prior reports and a VA Medical Center report received on 9/27" my request was denied. As you can imagine, I just about lost it. Come on...do the math- They made their reconsideration decision in ONLY 8 WORKING DAYS!! Does anyone really think its even possible for them to ask for and get back a report of medical records from a VA hospital in that amount of time, much less to make a DECISION. Obviously, I was getting a raw deal here so I called my disability examiner and left a message that she call me back. 10/12 - Disability examiner calls me back and I explained my situation. She said they have no record of ANY of the statements I hand delivered on 9/29. How the hell can this be??? Anyways, she asked if I could FAX her copies and I did that afternoon. She confirmed that she got them and that she would talk with her supervisor on Tuesday, October 18th and get back to me... So here I sit. Frustrated and losing faith fast in ANYONE'S ability to do their job in this country anymore or to do the right thing. If nothing changes I will have 60 days to file for a ALJ hearing at the SS from the date of my reconsideration denial...Meanwhile, life goes on...bills must get paid. This sucks. Any comments? :excl:

I'd rather not post these letters for personal reasons (hope you understand). I sent copies to my DAV rep and he thought they were good so he gave them to the VA for consideration in my case. LC

Berta, Thanks for your reply. Yes, this employer is big enough to fall under the ADA guidelines. Although the "big man" may not have known of my PTSD condition my immediate supervisor most certainly did. He even made ignorent coments at times saying, "there's nothing wrong with you" and making sarcastic remarks about me getting retirement after a 20-year career without having to wait until I'm 65 or something. Other comments were often made by various management where I felt they had a genuine dislike for anyone military...made for a very hostile environment and kept me on guard most of the time. But that's water under the bridge as far as I'm concerned. I have enough on my plate right now getting my "ducks in line" for my VA case and the SSDI appeal. As much as I'd love to get an attorney and sue them or discrimination or wrongful termination, I've got to somehow let it go and choose my battles wisely at this point in my life. Take care and thanks again for taking the time to read my posts. LC

Very good advice. I never thought of it that way...Thank you! LC

9/16/2011 Denial Letter says..."Based on a review of your health problems, you do not qualify for benefits on this claim. This is because you are not disabled under our rules. In deciding the claim, we considered evidence from VA Medical Center Report received 3/30/2011 and VA Medical Center Report received on 9/14/2011. We have determined that the condition is not severe enough to preclude work. We considered the medical and other information, age, education, training, and work experience in determining how the condition affects the ability to work. On your application you stated that you are disabled because of PTSD and TBI. The medical evidence shows that your condition is not severe enough to be considered disabling. You are able to think, act in your own interest, communicate, handle your own affairs, and adjust to ordinary emotional stresses without significant difficulties. We realize that your condition keeps you from doing any of your past jobs, but it does not keep you from doing less demanding work. Based on your age, education, and past work experience, you can do other work. It has been decided, therefore, that you are not disabled according to the Social Security Act. If the condition gets worse and precludes work, write, call, or visit any SS office about filing another application." HERE'S WHAT I THINK HURT ME: I didn't send my psych doctor's statement in to their office until 9/12/2011. By the time the letter arrived at the SS office and was routed to the person deciding the case, it was too late...the decision had already been made! My doctor's statement contradicts EVERY reason they listed in their denial letter and clearly states I am not able to pursue gainful employment due to my condition. I've got to believe that if they had the letter sooner the decision may have gone in my favor...Lesson learned and time wasted. Can't do anything about that now except I've included it in my Disability Report Appeal and HAND-DELIVERED it to my local SS office. LC

John, I filed for SSDI on 2/12/2011...I stated that I became disabled in early February 2011. They never sent me for an exam because I was advised to submit the attached "Document of Clarification" (see attached file for form letter I used). According to the SS regulations, nothing says a person has to have been disabled for a year...only that their current condition is LIKELY to be disabling for a period of 12 months or longer. I submitted Doctor's letters, etc. stating that my condition was not likely to improve and that I was not able to maintain gainful employment. I was disapproved for SSDI on 9/16/2011 and filed my appeal on 9/21/2011. I welcome any advice or comments you may have...Hadit.com has been a wealth of info- BETTER THAN AN ATTORNEY in my humble opinion! LC Document of Clarification for SSDI.pdf

Thanks for your reply. You're probably right.... but I still wonder if there isn't a way around it. I've got to believe my VA case will be moving to the next phase soon since all the C&P exams have been completed and I have submitted every possible shred of evidence I can think of to help my case. Maybe, luck will be on my side and the decision will come down in time so I can get that report sent to me and submitted to Social Security before they rule on my appeal for disability...crossing my fingers and hoping for the best. LC

Hello, I just completed all three C&P Exams the VA set up for me through QTC. I am seeking an increased PTSD rating, a TBI rating, and TDIU. The first exam I had was with a doctor contracted by QTC who, after about an hour, told me in her EXACT WORDS: "Do not worry about anything. I will be recommending 100% disability for your PTSD and TBI symptoms." Naturally I was glad to hear that but I would feel even more comfortable SEEING her report. I am also in the process of appealing my SSDI and a positive report/evaluation like that would GREATLY benefit that claim as well. How can I get a copy of her C&P exam?? It was not done at a VA hospital so that makes it harder. I am told that QTC likes to keep a tight lid on their exams. Any suggestions based on experiences would be much appreciated as time is of the essence in regards to the Social Security Disability claim. Thank you! LC

The VA has been asking for my former employer to fill out & send in VA Form 21-4192 (Request for employment information in connection with claim for disability benefits). Despite my several requests, I had heard NOTHING from them so I decided they were not willing to do this. I was fired back in February from this employer and left on bad terms. They never specifically stated a reason for my firing other than giving me a bunch of "attitude related nonsense". Honestly, I believe I was fired because of my severe PTSD. On the day I was fired, I sat down with the "big man" in charge of everything at this company and told him I was suffering from PTSD and that I was actively going through counseling/treatment. His response: "We all have our own problems- I have a teenage son that does things that keep me on my toes when he gets in trouble at school. If you would have said something about the PTSD earlier, we might have been able to do something. It's too late in the game" Bottom line...I was fired. I asked that he write a letter for me to submit to the VA for my PTSD increased rating and not to sugar coat anything. Asked him to write about my behavior that ultimately and in his opinion led to my termination. He did so as did my immediate supervisor. THESE WERE GOOD LETTERS that I felt would help substantiate my claim so I sent them to the VA. Here's the problem: I think they are afraid I might file a lawsuit for wrongful termination or discrimination because of my PTSD. So after not getting the requested form 21-4192 from them, I wrote a brief statement to the VA outlining my attempts at getting them to comply. I stated that I was fired on bad terms and that I believed this form was unobtainable from this employer and asked that they go ahead and review my claim WITHOUT this form. Low and behold...The day after mailing out my statement the completed form (copy) shows up in my mailbox with a note that they mailed it to the VA. Problem is that they stated I was fired for "Job abandonment- left job without permission. THIS IS TOTAL BS and directly contradicts the 2 letters they wrote regarding my "behavioral issues" - Not once in those letters did they ever mention ANYTHING about job abandonment...I believe they are just covering their own butts, again fearful of a lawsuit. What should I do if anything to let the VA know this is not true?? Should I just ignore this?? Will this have a negative impact on my case for TDIU and an increased PTSD rating??Does anyone have any advice?? Thanks, LC

Hey Waldo, Just got my denial letter in the mail today too. Filed my 1st appeal for reconsideration online earlier tonight. They said although I could no longer do the work I had in the past, in their opinion I could still work. One thing that may be in my favor is that it appears they didn't get my doctor's letter (regarding my PTSD condition and how it is so severe that, in her opinion, it makes employment at any level of substantially gainful employment very unlikely at this time) BEFORE making their decision... Like you, my sleeves are up and the gloves are off!! I am going to send them a package with the following: A request that my appeal be placed in the "wounded warrior track" as I hear that will speed up the process (should've done that from the start), a copy of my DD-214...again, my doctor's statement...again, Both (mental and physical) SSA residual capacity evals from my doctor and my social worker where I go for PTSD treatment (shoul've done that with original claim), another statement from my wife as to how my condition has worsened since submitting my claim, and a seperate letter requesting an "expedited review" because I am struggling to make my mortgage payments and don't want to end up living under the freeway underpass in a month or two! I shouldn't be surprised about the denial I suppose but it's still pretty disappointing...I have so much anger towards the civilian population and their "attitude" it makes me crazy...You hear people say "supprt the troops" but all that is a bunch of crap and lip service at best. They'll gladly make taxpayers pay for their $16 muffins and $8 coffee then turn around and say they have to cut military retirement benefits because it is "too generous" as compared to the civillian workplace. Guess they forget we got shot at in the performance of OUR job, come home with wounds and scars from war, or worse...some of our brothers don't come home at all. I'd love to ask them to do the math again and see if what we get is really "too generous" for what we've been through. Sorry about venting...just fed up with a lot of things right now. Tomorrow's another day and another battle. Semper Fi, Loose Cannon SSA Residual capacity form MENTAL.pdf SSA Residual capacity form PHYSICAL.pdf

Yes, you are right - My type o! Glad to see people care enough to actually read my posts...What a wonderful site for gaining info on so many issues. EVERY time I visit I learn something new...God Bless you! Loose Cannon

Thanks for the reply...You have relieved much stress and worry...God Bless you all! Loose Cannon

Hello All, I'll try my best to keep this short and to the point. I have a claim in for an increased rating for PTSD based on UI. I think I have all my "ducks in line" and have a great letter from my VA Doc to support this. I have MANY references and a diagnosis in my VA medical records for depression secondary to the PTSD. I have been on VA prescribed meds for the depression for a number of years also. Problem is...I never ASKED for a rating based on the depression. I have a C&P exam on Tuesday and I don't want to do anything that will slow down the entire claim process at this point. I know it is a battle just to get a "favorable" C&P exam that acurately reflects what a vet's current condition is but how do I ultimatley get the VA rating board to see that this secondary condition was manifested by the PTSD? Common sense tells me that a review of my VA records will clearly show the depression exists...but I don't want to leave anything to chance or hope someone has "common sense". What advice can anyone give me based on your experiences with the VA claims process on what course I should take to ensure I get a fair shake and bring the depression to their attention WITHOUT slowing down my claim at this point? Thanks to all for your comments...no better website compares to this one when it comes to seeking advice & information!! Loose Cannon