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11cvolley
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Posts posted by 11cvolley
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On 3/8/2021 at 1:42 PM, pacmanx1 said:
It is your call what you do, prior to setting up an account and signing an agreement. I would check with other lawyers. Also, if you have a dependent child living with you, you should be able to inform/contact the SSA and they (THE SSA OFFICE) should include that child and award any payment if he meets the requirements. No lawyer needed for something they should have already granted. Lastly, you do not need a lawyer until the SSA makes a decision on the evidence they do not have. All evidence after the SSA made their decision could change their minds and cancel their review.
I would have tried this bit I can't get my va doctor to do anything and I just can't do the stress. I was having shaking attacks. I just feel a ton better knowing I got a lawyer that says she has done a ton of these types of cases.
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I found a lawyer locally that'll let me keep my ssdi going while they work on my case. I just have to setup an account with them and put 25% into the account every month until they win; then the lawyer will petition the court for that sum and return anything ssa doesn't approve. The lawyer also asked why I am not getting SSI for my son since he lives with me. Told her I never knew I could. She said that'd be a separate case and we'd talk about it after my phone interview tomorrow to get everything setup.
She told me this cessation is very common now and is ssa's new 'go to' to cut cost. Basically any question SSA's doctor ask about you leaving the house and doing something alone is enough for them to declare you can return to work; IF your current doctor hasn't down their own medical opinion. She said SSA is ignoring patient's doctors medical opinion if it doesn't address the questions SSA's doctors ask and expands on the question to why this still means I can't work. I still feel defeated by my government. Best case scenario I lose 25% of my ssdi until the lawyer wins the case. I'd like to do it myself, but I know I am not capable of it.
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18 minutes ago, pacmanx1 said:
IMHO (IN MY HUMBLE OPINION) if they are talking about stopping your benefits it would matter to me. Never listen to what anyone say over the phone, make sure it is in writing and CWA if you know what I mean.
I had a lawyer that helped me get to 100% with an independent medical imo letter from a doctor. Even tho that IMO letter is old, 5yrs+, would it help?
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6 minutes ago, pacmanx1 said:
Not sure if the VA granted you an increase on your PTSD but you should include this evidence when you respond to the SSA.
Thanks. I was going to during the cdr but the ssa person in charge of my cdr said it didn't matter. When I was awarded ssdi I was 70% sc and now 100% p&t.
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10 hours ago, pacmanx1 said:
Is it at all possible that the SSA does not have all your most recent VAMC Medical Treatment Records? Even though the doctor is not willing to write a statement on your behalf, it appears that she has informed you that your current medical treatment records should be sufficient. I am just going by what you posted, and I have no idea of what the SSA have or does not have but I think it would be a good start when you contact them. Also, if you have a feasibility letter from VA Voc Rehab stating that you cannot work would also help.
Ssa has my last 6 months of record. The cessation letter only focused on my anxiety tho. No mention of ptsd.
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SO I been on ssdi since 2011 or 2012 for ptsd. I am rated 100% p&t for ptsd by the VA. I just had a cdr and they're going to stop my ssdi. The reason they gave is this, 'Medical evidence in file shows that you do have mental health conditions. However, your conditions are not so severe as to meet the requirements for social security disability. We have considered your mental health conditions and have determined that you are still capable of simple work that does not require sustained social interaction.
We do not have sufficient vocational information in file to determine if you are able to perform any of your past work. However, based on the evidence in file, we have determined that you can adjust to other work.
Questions:
1. I am requesting a reconsideration and that my payments continue, but The letter I just got today, 03-05-2021, is dated 02-26-2021 and SSA office is closed already. So I'll take it on Monday, but it'll be past 10 days... Will they continue my payments?
2. During this cdr I asked my new va ptsd doctor, last one retired, to write me up a letter stating their opinion on my ability to work. She claimed she couldn't or that the VA doesn't allow that anymore. Is there a way I can get an opinion letter from the va? She has told me it is her opinion I can not work at all and that it is reflected in my medical notes.
3. Is there any other steps I need to take before my first hearing?
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On 7/14/2020 at 6:18 AM, pacmanx1 said:
Go on SSA and file today. In rare cases SSA will grant your SSDI but in normal cases SSA will deny your claim. Once your claim is denied, get an attorney. It is a hidden secret that a lot of claimants have to hire a lawyer to get their SSA benefits.
I guess I was one of the lucky ones. I got ssdi with only a phone call from ssa asking me some questions about my request for ssdi.
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On 11/27/2020 at 4:20 AM, GBArmy said:
11cvolley We know anxiety can be a rough go but you have to keep going. I try to think "OK, can whatever more I do change anything?" If the answer is no, I've done all I could, then you have to convince yourself that there is nothing more you can do until somebody else does what they have to do. I know it sounds arbitrary but if I do that it seems to take the edge off of what I'm worrying about. Helps a little. Just remind yourself that you can't do anything more about it. Good luck on your exam brother.
I worked up the courage to ask the ssdi claims adjudicator why she is sending me to a doctor and she said the VA failed to respond. So she has no medical records to go off of. Hopefully this means they're leaning towards not taking away my ssdi.
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3 hours ago, GBArmy said:
They want more up-to-date medical info on you. Have you been goin to the VA or elsewhere for MH treatments? Are they updated in your VA files for the VA to review. If you are not P&T, and not getting medical help and posting it, better start. It may even help minimize some of your symptoms. If the VA doesn't see you are working on attending, they may assume you must be getting better and try to reduce.
I do everything the VA ask. Only thing I haven't started again is therapy because I don't want to do it over the phone. I prefer in person. I do a phone appointment with the doctor that prescribes my meds and ask how I am doing and stuff tho. I am P&T and been taking medicine. My va doctor and I agreed a few months ago to try to get off fluoxetine and now I am back on it but at a lower dosage.
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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 improvement of where I was. I can't help but feel they're going to take away my ssdi by saying I can work now. Am I just over thinking this? Could this need to see their doctor be because of how poorly I filled out the 10 pages they sent me?
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46 minutes ago, Rhodesia said:
I never put to much faith in the VSO's to help some may be good and some not. I'm still waiting for my 100% temp pay after my 2nd total knee replacement service connected since June of 2018 I already received a 0% rating for my 15 inch and 1/2 inch wide scar from the knee surgery and here I was hoping to get at least 10% rating when you look under the CFR for it but I guess rules are changing.
After my experience with two VSO after I got out. I'll never trust them again. I've only had success with a va lawyer. The most help I received from a va employee on filing for ptsd and ssdi was from a resource lady in the ptsd clinic. Nicest person I ever met at the VA. She was way more helpful than any VSO that ever 'helped' me. I give the lady credit for my initial 70% rating for ptsd. She helped me file out forms and get everything together and that wasn't even her job. Same can be said about these veteran forums. I've came across some really messed up forums. Then I found a nice lady named Susan and she told me about this forum.
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In service stressor can be many things for a mst-ptsd claim. Change of documented behavior, infractions, article 13s, documented request for a change of unit/base, anything that is documented showing a negative change. Before you even start working on that tho. Get into treatment and get a ptsd diagnosis from the VA. Get yourself on sturdy ground.
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I don't even take the #800 at their word. Make sure you ask them to check the recent notes. When I called about the rest of my backpay the lady assured me that I already got it last year and there was nothing pending. I asked her to check the notes and she comes back with, 'oh, yeah. They're working on correcting your backpay. Anything you owe will come out of blah blah blah.' She ASSumed I got overpaid. I've told them in the past when it would take 30+ minutes to get someone on the phone, 'do you think I call you, listen to your crappy music, just to hear the BS scripted response I can get from E-BEN in less than a minute? Check your notes.'
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No backpay? This could be a sign they're going to check for incompetence. From ym understanding, it is an auto-check for incompetence if you get 100% for ptsd.
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Update: Got word from my lawyer that the rest of my 'monies' will be in my account within 10 days.
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If you were denied service connection and then the BVA says, 'hey, grant service connection,' the RO could go as low as 0%. So if you're not happy with the %. You have to appeal, then if denied; go back to the BVA. Same with backdate. I was granted but denied a better backdate. My case went to the BVA just for a better backdate.
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I used Woods and Woods. No complaints and they won my BVA case for a better backdate and my increase from 70% to 100% for ptsd.
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In my own experience. Contacting a VA lawyer is probably in your best interest. I admit I am not capable of handling my own case, and 80% is better than 0%. The VA can make all the mistakes they want; you can't.
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On 1/14/2019 at 2:29 PM, Oceanbound said:
It is very disgusting, the idiot that was doing my annual physical was fighting with me because I knew more than her and wasn't taking her crap. Sorry not sorry you just graduated from nurse practitioner school and only got this job to pay for your over price no name joke school.
So she can not get her ten cent bonus lying in my med file. She still lied but it is on record and I filed a complaint to the Sec of VA. Ombudsmen are a joke--which I told them in writing: I do not need you at all and instead filing my own to the Sec VA. I have high standards, up yours.
So on Jan 4th I saw retro coming. Was pleased with the small amount. Got it three days later, which was way before the Big brown envelope (it's actually white now) to see what was approved, that came on the 12th. Will be using it for the IMO that I was waiting on obtaining. The actually RO meeting with my attorney was months ago and the decisions finally came.
Across the board the clown at the RO denied me on everything. No surprise! Pretty much said that I was never in the service, these injuries were from birth or afterward military service. So every idiot from QTC was in cahoots with the VA. Shaking my head, I'm at the worst RO in the country--yes the one with the death waiting list.
This now allows me to see another local board certified physician. Who isn't a bottom of the barrel quack, since I can not even get proper care at the VA hospital/my VA pcp. I'm very much done with them.
The outcome was denied and delayed because I'm not dead yet. (The three D's) They even denied my presumptive. The one they approved was one I never sought, this was done only to shut me up, be happy and go away to never return.
So now my attorney and I are headed to the BVA. This spring, I'm going to take a trip to Oklahoma, and see the good doctor Ellis.
I been there on my ptsd claim. Luckily everyone else at the VA knew the examiner was full of s###. My initial denial for an increase was because I told teh examiner I play PC games like Civilization. He used that piece of info to suggest malingering and that I could hold a job because he knows how hard of a game civilization is. It took over a year for the appeal, but I got my increase to 100% P&T. Then the RO used this examiner's notes to say my backpay only went to the last C&P exam. It was basically the RO saying the 1st examiner was right and wrong at the same time. When my backpay claim got to the BVA, it took a BVA judge less than a week to give me the correct backpay date.
A lot of times we have to deal with crappy people and raise the appeal, BVA flag to get the 'real' people looking at our claim. Good luck and may you have several more quality years ahead of you; and, be able to enjoy that backpay, correct rating.
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Just an update. Lawyer said the RO is working on correcting the issue. Best guess on when i'll see the rest of my backpay is sometime this year.
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2 hours ago, AtlMarine said:
I was turned down by the VA for a PTSD claim.
Can anyone please recommend an Attorney to help me appeal the decision?
Thanks:-)
Do you have the reason for denial?
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On 1/6/2019 at 8:46 PM, MarkInTexas said:
My own BVA appeal was granted on several issues back on October 31st, with two small remanded conditions. Waited until mid-December to call to check on the status with Peggy, and was told that my appeal was back at the Houston VARO, and they had no further information from there.
I’m at 80%, so I’m still good during the wait for the remaining granted conditions and retro, but I also feel the aggravation that others feel knowing that initial claims have been ripening on the vines for years, only to sit for a few more AFTER the BVA grants awards.
If you want to watch for the pot to boil though, set up a VA.gov account and you can access your “place in line” while you wait for your appeal, along with the VA’s guess on how many appeals are in the VA system, something like 179K today.
They seem to update it after every work day, and for some reason, there is even a small update on Saturday afternoons. My place in line numbers only change like 50-100 per day, but I’m hoping that this has only been a slow down because of the holidays, and that next week things will begin to move quicker.
I would figure that between the AMC and all of the VARO’s working on appeals that they could get veterans and their grants/remands taken care of much more effectively.
Good luck to you all, and have have a safe and healthy New Year!
Mark
Watching E-BEN or VA.GOV is a bad idea when it comes to BVA wins, imo. In my case. I watched my BVA win move to the RO and it bounced back and forth from gathering of evidence, to pending notification. A very helpful VA employee and my lawyer told me there isn't a way to accurately check the status. The only sure fire way to check on it is to call peggy and ask if there is a pending deposit. btw, your claiming disappearing from the website doesn't mean it is finished either; unless, it shows up as closed.
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Something that was suggested to me that I think any veteran getting a large backpay should consider is a financial adviser. Sit down with someone and go over your short-term and long-term financial goals.
- Kelly Severance and hume0351
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I got the right SOC in the mail Monday. I have another 27K coming when the VA figures it out I guess.
ssdi cessation help
in Social Security Disability Questions
Posted
Luckily I had between 600 and 700 left over every month after assuming 700 for food, gas, household needs. So having to put 235 in escrow every month isn't to bad.