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free_spirit_etc

Master Chief Petty Officer
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free_spirit_etc last won the day on April 30 2015

free_spirit_etc had the most liked content!

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About free_spirit_etc

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    E-9 Master Chief Petty Officer
  • Birthday 10/08/1956

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    free_spirit_etc

Profile Information

  • Location
    Illinois
  • Interests
    Widow of a 100% Service Connected Disabled Veteran.

Previous Fields

  • Service Connected Disability
    None
  • Branch of Service
    Air Force

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  1. Hamslice, I have actually told a couple of people to check them out, and if they offer to represent you, you might be able to go it alone -- if they turn your case down, you might start looking for an attorney. lol. By the way -- Congrats to you daughter! Your post was so funny - but I am not good at replying on my phone.
  2. Buck52, I think her biggest hurdle will be their questioning her going from making the amount of money she did a couple weeks ago to being totally disabled. However, they should realize some people keep dragging their bodies around to work when they are totally physically disabled. But another word you might want to keep in mind is "accommodation." She had been employed with the family for a long time and so they made accommodations for her as long as they could, but as she got worse they were no longer willing to make accommodations. Also -- as to whether she could do the same type o
  3. I know it seems very unfair to be terminated because of a disability, but I wouldn't push that point with Social Security. I would highlight the point that she can no longer work. At age 60 the standards to meet disability are much more lenient. It mostly comes down to whether she can continue to do the type of job she always did.
  4. I agree Hamslice. Every situation is different and every SSA adjudicator is different. You brought up a very valid point about applying soon after stopping work. It looks like the law says you are only required to show you are expected to be out of work for 12 months, but a lot of SSA employees tend to deny unless you have been out of work for a while. Though you don't have to wait a year before applying, applying immediately might not be in your best interest, if you want to get approved on the first round, unless you have very strong medical evidence. But then again, the majority of people d
  5. It doesn't take a young person to not know SSA law. The person who processed my husband's claim was a long-term employee - and somewhere around a GS 10 or GS 11. Yet she told him he wasn't eligible because he was no longer insured. She seemed truly sad that she couldn't help him. I had to point out that he was still insured the year before when he became disabled (stopped working in December of the previous year). I also had to point out he dropped below substantial gainful in August. She agreed and then let him apply. But I was surprised she didn't seem to know, and had to go check. I didn't
  6. As far as talking to an attorney, you can get recommendations from NOSSCR http://www.nosscr.org/. They will give you some attorneys to call that will talk to you for free. You might want to reschedule her SSA appointment and talk to a couple attorneys and get their take as to whether she should apply immediately or wait a bit. You don't have to rush the appointment, as applying later this month is still applying this month. It wouldn't change the waiting period.
  7. This is the part I am talking about. However, This site says it is often better to wait a few months after you quit work before applying http://ultimatedisabilityguide.blogspot.com/2010/04/do-you-really-have-to-be-out-of-work.htmlas SSA workers will deny you more frequently if you apply right after you quit working. This would especially be the case if SSA knew you were terminated instead of quitting. So if you can wait a while before applying, it can be helpful to your case. However, you don't have to be out of work for a year before you apply (or are eligible). The site also
  8. Hamslice, My husband's work dropped below substantial gainful in August 2006. He stopped work completely in December 2006. He applied for SSDI in May 2007 and received his first payment in June 2007. They went back to August 2006 to start his waiting period and paid him for January - May in June. He was not out of work for a year. You don't have to be out of work for a year before you can get benefits. If you can show you will not be able to work for at least a year. Granted, it may not be totally easy, but you don't have to wait a year to apply or get paid.
  9. Wow! SeattleShay, I hope they quit using that doctor for IMEs.
  10. Hamslice, You have to show that your disability will most likely last a year, but you don't have to be out of work for a year before you apply. If you have ongoing disability, and keep working until you can't work anymore, you can apply right away.
  11. I really like this part. -- Also, have you posted your IMO here? "First and foremost, the only rationale provided by the June 2010 VA examiner to support his conclusion that the appellant’s right club foot was not aggravated by service shows that the examiner relied on the absence of objective evidence of aggravation –particularly, the lack of notation in the service medical records of an injury or event. “As the Court noted in Horn, reliance on the absence of record evidence of worsening is flawed because it “effects an impermissible burden shift” to the veteran to show an increase in
  12. Another option to cramming could be -- I think you can request a postponement up to two weeks prior to your hearing. That could give you a few more months.
  13. hutchtam, It is so sweet that you are thinking of ways to provide for your family -- but I think you need a better plan. I don't know if suicide is specifically excluded, but I do know your survivors would have to fight to prove to the VA that it was caused by the service connected illness. That would probably take 5 to 10 years and they might not succeed. I don't think it would be helpful to put them through that. So I think you need to explore other options. I agree with Leanne, that if you are under this much pressure, you need to reach out for help. Is the health care and
  14. In general, I think that depends on the laws of the state. In my state both parties have to consent. My adjoining state only requires one person's consent.
  15. It is hard to tell how dire it is. It depends on who you listen to. I am not sure why MSN is treating this as new news. This 2011 article in the Huffington Post http://www.huffingtonpost.com/sen-don-riegle/post_1901_b_845106.htmlstated that the 2010 SSA trustees report stated SSA has enough surplus funds to pay full benefits through 2037 and after that they project they will be able to pay about 78% of projected benefits if nothing is done to strengthen the program. That is not that far off from the new MSN report. I think everyone knows they need to do something to strengthen the program. The
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