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Valhalla0321

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Everything posted by Valhalla0321

  1. Valhalla0321
    That's Great L, im glad it worked out for you, hope the holidays can be holidays - stress because waiting for the unknown can be stressful. About your Congressional Inquiry.. from what i have know and experienced is that Congressional Inquiry is like big brother knocking on the bathroom door asking " are you done yet" and that the recipient has to answer. In your case, i think they kicked down the door and said when i move you move.. again.. glad it worked out for you and that you got Justice.
  2. Valhalla0321
    Congressional inquiry requires the party in question to respond to the inquiry, it will speed up the process of approval or denial, no leverage on in favor of applicant must i say.
  3. Valhalla0321

    Hi Berta,

    I think this is the first time i have asked you a direct question on your feed/post. I have a question on what is a Training Letter, i tried to look up some information on it and i think this letter is closely related to maybe what a BVA or appeals would hand out. Anyway, it struct an accord with the language in the writing.  

    As it relates to me, i have been dealing with SSA for SSDI for years and have been denied on first claim all the way up to appeals counsel. I applied again later because my insurance is set to expire soon and i was again denied at dds level. I am TDIU P/T no scheduled exams etc etc..

    My 50% and a couple of 10% pushed me to TDIU by chance. I have not worked since 2013 went from a lucrative Six figure job to being homeless then rebounding to a roof over head. With out going into detail on how i have several letters from Doctors and Voc Rehab indicating i am unemployable, SSA is still denying me and again without getting into detail which might help you with my question, ill reserve this for another time to ask you a question that wont tie up to much time. My award letter was not as elaborate as what i seen on what your posts about TDIU.. it was a comment from a training letter question someone had and it said this...

     

    Based on all the evidence of record, and resolving all doubt in favor of the Veteran, the Board finds that the Veteran is precluded from securing and following substantially gainful employment due to the effects of his service-connected disabilities, specifically his low back condition, right knee, and right ankle disabilities.  The Board finds that the evidence supports that he would be unable to perform labor akin to that which he is educated and trained to perform.  Therefore, the Board concludes that TDIU is warranted.

     

     

    I think if my Awarded TDIU had some of this verbiage it would help a little but is this only handed out at Appeals level/BVA/ Training letter affiliate? Please help.... 

    VA Has not been able to find a cure or good enough remedy for my migraines. And to add to that.. i do have a lot more disabilities that are either pending or at 10 or 0 percent that make my life of a hardship. Also i have been diagnosed by a VA psych for insomnia, ptsd, tbi, anxiety, depression but i have never claimed this with the VA because in fear of having them strip me of TDIU and back to homelessness by way of .. well you know how some of the VA claims go.. sometimes not in favor of the Veteran.. anyway.. hope this gets to you and hope you can help....

     

    BTW.. you are an Ambassador to this site.. A Staple to Veterans in General.. i have for years enjoyed reading your responses to other Veterans and i am very much impressed.. Happy Holidays and may you be blessed.

    1. Berta

      Berta

      “. With out going into detail on how i have several letters from Doctors and Voc Rehab indicating i am unemployable, SSA is still denying me and again without getting into detail which might help you with my question, ill reserve this for another time to ask you a question that wont tie up to much time. “

      This is good evidence to re-open the SSDI claim with- or perhaps to file a new SSDI claim.

      This link and many more  SSDI web sites have good advise on handling denials:

      https://www.disabilityapprovalguide.com/social-security-disability/appeals/how-many-times-can-you-appeal-an-social-security-disability-denial/

      I usually dont answer posts in my profile- my time is very limited at hadit these days- due to other work I do for veterans. Make sure SSDI is aware of all of your disabilities.

      I don't know what training letter you mean but if you can scan and attach the TDIU  award letter to a post at the main forum maybe we can help more.

  4. Valhalla0321
    But how does this all work if say for example you are 100 tdiu and you decide to open up claims per in all actuality they exist and have been noted.. perhaps later years later but because they are connected means you should be able to request for service connected... say they grade you a 30% for TBI even after years of being tdiu.. do you get any comp or is it just a bump in adding a %?
  5. Valhalla0321
    Voc Assessment.. great.. how did you get one? this is great.. make the SSA Voc Spec think twice b4 he tries to countermand. Judges can be whatever they want unless they were brought up right and apply compassion and rule of law, you never know what happened to the Judge prior, they could have been cut off by a driver in a vehicle with a pro life sticker or a Ensignia, Judges rule from the bench and thank god there is an appeals counsel that will keep them on there toes. My experience.. A Mil Vet, started working when i was 13 and paid into ssa indubitably. I was homeless twice, had a VA Social worker drive me to hearing- Judge told SW to bounce Just like that.. had a lawyer who told the Judge "i think its pretty clear" i moved past the 5 step process designated by SSA, judge did not like that this came from her fellow legal lawyer... it was a bust as soon as Judge looked at how unorganized, biased, inconsistent and unprofessional VA Doctors are. I think the VA makes it easier for SSA to deny because the note keeping that the Dr's and associates make are so unrealistic for most Veterans. Anyway 2 things.. a Lawyer that knows the Law should have already plucked that bad note taking already and you should have already been knee deep in your ( Statement of the Case request for all records in the SSA case be placed on a CD and sent to you ASAP) You will see parts of your request that includes like chat/instagram messages from Adjudicator/DDS caseworker and the Medical staff(down the hall) as they chat back and forth about you (very interesting/compelling sometimes and very very very important because knowing is half the battle right Let me know how you got that Assessment man... keep charging devil dog.. you were bred to do just that. And as a suggestion, take your 6 off the grid and anonymous yourself on SocialM Obtw, call and order- get a pen and paper and take down all of who making promises to you, date and time stamp that and avoid going into the SSA office.. o yeah in you file if and when you get it.. you will see stuff like!! Mr/Mrs Client game in formation running a half back draw from the pistol.
  6. Valhalla0321
    My opinion, the wording with rationale is not favorable and i am using standard rule of law in medical directory. My second opinion, C&P exams are "at least as likely as not" in favor of the Veteran. With the evidence in record, you will now have to as a precautionary method- built on whatever you have to support your conditions. You will need to challenge the medical results that don't thread the narrative in a concurrent manner that are consistent with what you claim. You will need to have your Doctors support and if you don't' get another one and you can get another one by request, it's sometimes difficult but you should make that a priority(2nd opinion on scan's) Also make it clear that Veterans have the burden of proof. My comments are not to be used in anyway to discourage, you like everyone have to fight for your rights to better health care and compensation when the results of your injuries were to no fault of your own. PS: Make sure you check your medical notes to see what is being said about you and if you disagree, make sure you sound the alarm. Good Luck
  7. Valhalla0321
    I heard being denied Voc rehab helps claims as well as SSA claims.
  8. Valhalla0321
    First, let me point out that a RFC from your Doctor has great weight especially if he is on board and did not write anything contrary or negative like * jfrei can adjust to light work or .. basically .. work" So if the RFC says.. nah.. he can't do any sedentary work or .. any-work...etc.. that's a plus. Also it's a plus if the Doctors indicates your limitations and that they prevent you from doing any....blah. If you don't have Your Doctor fill out a RFC.. then SSA will gladly have there very own Doctors who Don't know you from adam, never been on a quarter deck, can't determine what is starboard side or port side.. you get my point i hope.. anyway having SSA do a RFC for you " and they will if you don't provide.".. its like shooting yourself in the foot . Congressman., not a fan.. never been told the behind the scenes bonanzas that happen when a congressman walks right up in SSA's business and demands your file/ the what , the when.. anyway if it helps, great .. if its hurts.. that's just wrong. The fact that you got your Doc to fill out the form without pulling teeth is monumental because VA does not like to fill out forms. You better ask for your file/Soc from SSA and don't be surprised if you see them make comments like.. 'ah he came in here and snapped his fingers twice" He have us the stank eye or , He came in here on his own free will, brought the family and little bobby to.. he was doing backflips outside and most of road in on a motor bike because he had a helmet in hand.. yeah.. they will make sure they say even what color socks your were wearing.. point is.. they will definitely sound the alarm behind the scenes and comment on how you got to the office if you ever went in person (see your file.. request it")
  9. Valhalla0321
    Heads up.. has anyone ever requested there file from SSA for example like from a DDS decision.. man.. Wow.. it shows everything.. i mean everything like Doctors emailing the examiner back and forth with call log data/ employee/Doctor ID badge number date and time stamp everything. Its Shows that Longitudinal evidence or information. If a claimant really wan't to know what goes behind the curtain on your claim i would suggest you request for the Statement of Claimant ****Jfrei***** request for it to be put on a CD/DVD.. you need the code they will provide to unlock your file on that DVD/CD and once you open the file .. you can cut and paste the files you want and email them to {yourself] or of your choosing. It really helps with the closure and gives you an idea of the why whether its hogwash or not. You got to get on SSAzz to get the CD.. don't sleep on them.. they will prolong a request as much as the person who is in charge of data file creating pleases too... Good luck.. And to comment on the Voc evidence' here is a posting that might apply to your case/answer to the Vocational aspect' They have determined that you can work in some light jobs that you have not done before. They are saying that they do not have a list of all your occupations in the last ?? years or do not have sufficient information about your duties in those jobs and the associated physical and mental requirements. Their saying that they don't know whether you can do past jobs is not material to the denial because you were determined to be able to do other jobs. Nonethess, you could complete an SSA-3369, which can be obtained online and provide very complete comprehensive descriptions of your work.
  10. Valhalla0321
    Heads up.. has anyone ever requested there file from SSA for example like from a DDS decision.. man.. Wow.. it shows everything.. i mean everything like Doctors emailing the examiner back and forth with call log data/ employee/Doctor ID badge number date and time stamp everything. Its Shows that Longitudinal evidence or information. If a claimant really wan't to know what goes behind the curtain on your claim i would suggest you request for the Statement of Claimant ****Jfrei***** request for it to be put on a CD/DVD.. you need the code they will provide to unlock your file on that DVD/CD and once you open the file .. you can cut and paste the files you want and email them to {yourself] or of your choosing. It really helps with the closure and gives you an idea of the why whether its hogwash or not. You got to get on SSAzz to get the CD.. don't sleep on them.. they will prolong a request as much as the person who is in charge of data file creating pleases too... Good luck..
  11. Valhalla0321
    Heads up.. has anyone ever requested there file from SSA for example like from a DDS decision.. man.. Wow.. it shows everything.. i mean everything like Doctors emailing the examiner back and forth with call log data/ employee/Doctor ID badge number date and time stamp everything. Its Shows that Longitudinal evidence or information. If a claimant really wan't to know what goes behind the curtain on your claim i would suggest you request for the Statement of Claimant ****Jfrei***** request for it to be put on a CD/DVD.. you need the code they will provide to unlock your file on that DVD/CD and once you open the file .. you can cut and paste the files you want and email them to {yourself] or of your choosing. It really helps with the closure and gives you an idea of the why whether its hogwash or not. You got to get on SSAzz to get the CD.. don't sleep on them.. they will prolong a request as much as the person who is in charge of data file creating pleases too... Good luck.. Obtw.. that "we don't have any vocational information" appears to be a standard eye poke!.. i have seen this many times on my claims.... ugh.. makes me cringe.
  12. Valhalla0321
    I would not count on the fact that they "have or want to have!!" access to your Records. I would take copies of the records with you and "make a copy" so that you don't give them the only one. I think that CnP scene investigators should respect the findings of one of there own colleagues and not be subjective as your DBQ and medical history points to the longitudinal conditions that the VA has already thread the narrative for you.
  13. Valhalla0321
    Have you requested your file by way of https://www.ssa.gov/forms/ssa-795.pdf ? If not, you should! so you can see if and how crooked and biased the VA is behind your back.
  14. Valhalla0321
    My thoughts and experience is that when you get Congressional attention, not only does it make sure things move at the official pace but it also makes the determination to be based on pure SSA Law, Its also like a Congressman breathing down the neck of the SSA which puts them in a position to make sure they apply there laws to the fullest in case it could be to your advantage and or disadvantage in generally speaking.
  15. Valhalla0321
    If only they were not 2 different Animals.org.
  16. Valhalla0321
    Hamslice.. Great breakdown, makes someone like me who is under 50yrs old/rated p/t with VA/ last time i worked 5 years ago/ been denied like 4x' 3 on 1st round and 1x on new app get the point. However, i like to point out that Judges rule from the bench and SSA/DDS agents can do what they want when and however they want on any given Day, now i don't want to call it Luck but i can give an example of a few operators with no ailments grander then mine.. been on SSDI for like 8years so far with P/t from VA... kind of makes the butt sore but it is what it is...
  17. Valhalla0321
    ?more data.. your prob referin to SSDI rih?
  18. Valhalla0321
    Ironically, i got the same verbiage on one of my many denied claims. SSA must be using the verbatim vocational BS and i think its because they can't negate the 100 p/t aspect, so they go for the kill in the Vocational longitudinal avenue and it's pretty unclear of what they mean or are referring to but that's the way they like it.. to be so confusion and ominous. I am no expert or have i even had any success with SSA but maybe this helps and maybe someone with good approach will chyme in. What i can say however is that you have to be on top of all your care/Doctors at VA because either they will not support your claim with data to back it up or they will be so discouraged to be supporting your effort to get SSA before they do. I would say make sure your Doctors have your back, if they get uncomfortable with helping you out with SSA then i think it's clear and that they don't think your condition is that bad which at some point you need to drop your Doctor for another if you can. Some Veterans i think might have good experience when they use outside Doctors through the privilege of somehow having insurance with a spouse or etc and These Doctors might be more motivated than the VA and they might be more seasoned is to why the have "the Know how" Another suggestion is to have Voc Rehab provide a letter by way of you applying for these services however being denied because your "unemployable" or deem to disabled to hold a job of SGA. I agree that SSA does not want to do any picking or investigation/research/ hunt for medical records and ultimately equate/formulate/ why you have reached the conclusion. They probably don't fancy a letter saying you just cant work. It is my opinion they want to see examples like, the jobs you had once upon the time were " answering the phone as a receptionist, making chocolate at a factory, cutting grass, lifting up bricks" And then you get a Doctor, a PHD, a Vocational specialist that's a MD or a PHD to say... He can not do any of these things because he is now allergic to chocolate/ he can't cut grass because he is allergic to grass, he can't answer the phone because he will curse all that call him etc.. and spell it out before Your advocate says "he can't work" Again SSA won't even entertain the "he can't work" without a longitudinal explanation.
  19. Valhalla0321
    That's Awesome, only if the Mickey mouseSSA club will follow in pursuit, God willing.
  20. Valhalla0321
    Just read your post, interesting.. I am TDIU but have not filed for neither an increase or new claims due to afraid that TDIU being taken from me, a single dad with a Son who needs medical care at the norm. I did see your comment on PTSD, now i don't have anything by way of employment effected, all i have is a VA psych who diagnosed ptsd,insomnia,tbi etc... i wonder if i could fall under this ptsd total occupation impairment. I have my voc rehab indication unable to do gainful employment and my psych as well' both have written a letter supporting this. your comments are appreciated.. thanx for posting ..
  21. Valhalla0321
    Nice Motivation Buck32.
  22. Valhalla0321
    I dont like to think of it this way, but i think of it like, imagine you write a 2 page letter and it's being graded for grammar and punctuation. If you get anything wrong on the graded paper, it does not get accepted. A lot of applicants i'm sure can speak to this as there application was denied for one small issue which is all a insurance company like SSA needs for fuel there agenda.
  23. Valhalla0321
    You can go through the privacy office and request for an amended notes "this is how it's done" in my case i have requested several amendments, all basically did not get changed to the real "what the doc actually said" i think they really protect the VA doctors on this and don't change notes often.. basically they take the Doctors rationale over the patient in many cases. Cases/amendments that get sent to privacy office, later are reviewed from the Chief of the hospital' You can appeal a denial to modify treatment notes but its like a claim.. we all know who frustrating that can be. This is from my experience and i am not a Lawyer or i might not know all the in's and out's, what i do know is that the privacy officer always says that "you can ask for your treatment notes on the spot or ask for the Dr. to go over this with you, however i have yet to get the nerve to do so, considering so much pressure and intimidation goes on during the consult.. My specific experience is that my Dr. was entering i had a headache/migraine 3 to 5 times a month vs. what really was 3-5 times a week. This is really bad as you can figure.. i actually pointed out that my Dr. Was cutting and pasting previous interactions including frequency and duration of illness and the privacy officer says that is against policy but never concluded to running any investigation.. very mute and discouraging system here.... ..ahhh just want to scream!!!
  24. Valhalla0321
    When did you file? Beginning March 27, 2017, the rules changed and the statements of treating physicians are no longer given greater weight than other evidence in your claim file. https://www.ssa.gov/OP_Home/cfr20/404/404-1527.htm https://www.ssa.gov/disability/professionals/bluebook/revisions-rules.html
  25. Valhalla0321
    SSDI.... with a bigger surplus, more claims are approved and with this deficit surplus, less claims established/fully awarded etc.. everything is by criteria and verbatim rule of law BS.
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