ruby

Not my site found it by accident. I think its good for people who do thier own and have no idea how to do a claim.

I was reading another Vet site and one of the threads someone made a site to help show you how to file claims, research etc. Its a good site to look at. Perhaps you can sticky this site somewhere on this site. http://www.howtoassemblevaclaims.com/ Ruby

I was reading another Vet site and one of the threads someone made a site to help show you how to file claims, research etc. Its a good site to look at. Perhaps you can sticky this site somewhere on this site. http://www.howtoassemblevaclaims.com/ Ruby

After you submit your claim, the SS office will gather any medical info you didn't give them. They try 2x and wait a month between times. Once they have everything they send that info to the Disablity Determination Service--Your case worker will send you something that they have recieved you app that will also include his number. After he reviews it he will ask for a exam. I tried not to call him as they are busy and I didn't want to piss him off. I called 2 times once after the exams and then once after I knew a decision was made but I hadn't heard from him. He told me it went to QA and to go to my local office and ask for an unoffical results. I did and they told me it was approved. I got the following from an attorney here is what he said. I gave them everything upfront so they didn't have to wait for anything from anyone. They didn't have to send me the RFC, I did it with my app. Believe it or not on average, from start to finish, the typical Social Security Disability case can take as long as 18 months to 2 years. I recently read a report from the federal government General Accounting Office which reports that an average case from start to final appeal can last over three years - and during those three years, Social Security employees actually work on the file a grand total of 7 days. 7 days in three years - can you believe it? Here is a sample time frame taken from a case I tried a few years ago: January 1, 2000 - Claimant files application by calling or writing January 10, 2000 - Social Security acknowledges receipt of application and schedules a phone or office interview. January 25, 2000 - Social Security intake clerk takes down information contained in formal Application for Benefits Form SSA-16-F6). February 1 - March 30, 2000 - DAS claims processor sends form requests for medical records to all doctors and hospitals listed on Form SSA-16-F6. The claims processor may also send you a Disability Report (Form SSA-3368-BK) and a Work History Report (Form SSA-3369-BK). April 1 - 15, 2000 - DAS claims processor collects, organizes and reviews medical records, Disability Report and Work History Report. Adjudicator will also send your file to staff physician and/or staff psychologist for review. [if evidence supports a favorable decision, claimant is notified and claim is sent for payment processing.] April 25, 2000 - Claims processor issues a form based denial notice. You have 60 days to appeal. June 1, 2000 - you file your appeal (Request for Reconsideration form SSA-561-U2 and Reconsideration Disability Report form SSA-3441-F6). June 10, 2000 - DAS acknowledges claim June 15, 2000 - DAS claims processor reviews Reconsideration Disability Report and sends out form requests for updated medical information and records from any new physicians. If mental health or physical consultative exams are called for, the claims processor will schedule appointment and send you an appointment notice letter. June 20, 2000 - DAS claims processor sends you Daily Living Questionnaire and will request statement from a person who knows you. August 1, 2000 - Claims processor organizes file, reviews it and takes it to an in-house physician/psychologist for review. [if evidence supports a favorable decision, claimant is notified and claim is sent for payment processing.] August 15, 2000 - Claims processor issues a form based reconsideration denial notice. You have 60 days to appeal. September 15, 2000 - you file Request for Hearing (form HA-501-U5) and Claimant's Statement when Request for Hearing is Filed and the Issue is Disability (form HA-4486). September 30, 2000 - Social Security office issues confirmation of receipt of hearing request. November 1, 2000 - your claims file is physically moved from the DAS to the Office of Hearings and Appeals (OHA). June 15, 2000 - OHA personnel unpack file and begin to organize it. August 1, 2001 - OHA finishes working up file and sends notice to you (and your attorney) that file is ready to be reviewed. September 1, 2001 - Case is assigned to a Judge and a hearing notice is issued for hearing on October 15, 2002. October 15, 2002 - case is called by Administrative Law Judge March 1, 2002 - Judge issues decision. That's over two years, if you were counting. And, unfortunately, this type of delay is more and more common. What can you do about it? As a start, you need to do everything in your power to make sure that your file is kept up to date. That means you need to keep a current list of all of your doctors - with contact information and a current list of your medications. The information offered in my Disability Answer Guide has helped a number of people win an early decision because I firmly believe that if you make it easy for the Social Security employee, your chances improve. Remember, Social Security speaks its own language. So, whether or not you order my book, remember to focus on the vocational (work) limitations that arise from your medical condition. Also remember to be very specific - a statement that I can't walk very far and my legs hurt a lot - means nothing. A statement where you report that 'I can walk no more than 30 yards before I have to sit down and my leg pain is a sharp shooting pain from my hip to my feet that feels like an 8 on a 10 point scale' does mean something to Social Security. And finally, as a last resort, if you desperately need to have your case decided, call your Senator's office. Every U.S. Senator has an employee who spends most of her time helping constituents deal with the Social Security Administration. Many of the cases deal with retirement or missing check issues, but these Senate staffers can sometimes cut through the red tape to get you a quick hearing. That's it for today - tomorrow, I'll explain what Social Security lawyers do and how you can decide whether it is necessary to retain counsel in your case. Regards, Jonathan Jonathan Ginsberg Social Security Attorney Ginsberg Law Offices, P.C. 1854 Independence Square Atlanta, GA 30338 Phone: 770-393-4985 Email form: http://tinyurl.com/bkubc I hope this helps you. Ruby

I fixed it! It should work now. You can't see the address due to it being under lined you may have to type the address in. tribute_flag_B_thompson.htm

go to http://home.comcast.net/~nw-fla/tributeflagBthompson.htm I hope this works.

I understand they are related in some fashion, but I don't know the real answers. I am going to ask my doc. on my next visit.

Most people have diabetes for 10-15 years before they are dx. You might want to look into that area.

Thank you Pete, i will try that

For the life of me I can't find the section where it talks about different types of evidence to be reviewed in your smr's. Specifically indications of "markers" I want to use thier language in my claim. Such as The following entry's in my SR are in accordance with section xxx and are classified as "markers". Then I list the markers. Thanks Ruby

I don't know the rules so read them and see what type of motion to file if they don't respond within that timeframe. Normally, a court will give the opposing side upto 2-3 extensions to do something. That is pretty standard. After that point they get pissed. If a response is due on the 19th + 5 on the 25th file something (whatever it maybe called) that they have ignored the Courts ruling and you are requesting that the Court rule in your favor (whatever your asking for).

I don't know or understand anything in regards to this area per se. I have represented myself in court matters and understand the system to a point (area of law I needed to know) Its 30 days from the date plus 5 for mailing and any holidays in that timeframe must be added. also if a reply is due on a weekend by date then they/you have until 5pm on monday to get it in. I don't know the legal term for this area just for regular federal courts. Any time they don't repond within the timeframe you file a motion to request something. such as filing a motion to compel something, motion for sanctions for not responding, file an order to preclude anything they may provide to the courts as evidence from that time. Never give them time to get evidence. If this follows regular federal court rules I can send you info to help you understand what and how to do it.

I believe its the same for all federal claims. You have to add 5 days for mailing. If they get 30 days you have to add holidays and 5 days for mailing. I am assuming you have an attorney. Ruby

That's one of the reason's I asked the question, I did research the question first and I saw that people were getting 30-70%. If the gaf is there to help with a rating I can't see how it can differ by that much. I was wondering why it is so different. I hate to say this for fear it will come back on me. I think I have a decent rater after reviewing what I ask for in the past I can see how they denied it. If the wording is not right on, its a denial. I have been increase based on test results. I am hoping based on my previous results with this rater he will give me what the gaf indicates and not low ball me. It really does suck how the VA raters are so different, there should be a system, where if you fall into a category that's what you get. The rater who is non medical (I mean either nurses or doctors) shouldn't have the ability to give you what he thinks you should get. Thanks for the reply. Betty, Thanks for the replying hoping my rater does the same thing. Ruby

Pete Thanks, I agree with you but the VA doesn't. I have been fighting trying to get the ReA SC for 3 years it seems I thought that since in service there is proof positive I had changes in my SI joints (found by accident) that it would have been a no brainer. Silly me, to think that. I keep asking for it the wrong way. I hope this time I have asked the right way. I called and they said its with the rating team--no comp exam yet so it could be a big fat no. The PTSD I have kept a secret for years until something made me go over the edge. Every week when I go to group, I just get mad that I let them ruin my life and my family's life by my temperment. I am ready to fight tooth and nail today for 100%, tomorrow it's where's my rock I've been hiding under for the last 30 years. I want to crawl under it again. So I am good about doing things to further my claim after group for a couple of days and then its a struggle to even look at it. I am trying to get my ducks together so on one of those days I am pissed, I will send off my claim. Ruby

The MRI results could be related to the ReA and they could deny an increase since I am not SC for that yet. I am SC for traumatic arthritis due to an injury in service. My neck MRI is bad, c3-c4-c5-c6 bulging with spurs with narrowing of foramen and spinal cord compression. I was just wondering what a gaf of 40 could get me. I understand it really doesn't mean alot in the end its up to the rater. Thanks

Does a gaf of 40 with severe depression? Have my MRI of my nick back that shows severe bulging disc at 5 levels and 3 level with mild to moderate stenosis. `1 level is severe with cord compression. Should I put in for an increase. I am SC for traumatic arthritis not ReA. The same complaints that had in the service is the same I have now but much worse. Ruby

Yes, your correct. If I wait it will be a couple of months before I have all my letters, I don't want to file until then but I don't want to wait until then. Both you and Rental have explained to me what I need to do to get the eed while I wait until I have all the evidence I need in my possession. I have a pending claim right now and I want to wait until I at least get the comp exam scheduled before I file a new formal claim. I gather an informal claim will not interfere with my current claim. I don't want a VCAA notice giving me 60 days just incase I need more time. Thanks for the help Ruby

Rock, While I don't know alot I am learning, since I have screwed up my claim for reactive arthritis 3 times by not asking for it the correct way. What I am saying is your going to have to fight this using thier rules. In order to do that you have to know what both DX means. I am not saying you don't have sleep apnea. I am saying they are splitting hairs and for you to win you will have to show them they split the wrong hairs. You can only do that by knowing the difference between the 2 dx and the treatment for both of them. You asked for sleep apnea, they are saying its denied you don't have sleep apnea, since the comp doc said its nocturnal hypoxia, since thier is a difference in the dx one is for loss of respiration, the other is for decreased or shallow respiration. Whether its right or wrong is not the question, its how do you fix it. From what I have learned the rated must have asked for an opinion whether you had sleep apnea or not and the Comp Doc said no. End of claim as far as the VA is concerned. Whats the difference in treatment for either, would nocturnal hypoxia be classified as sleep apnea by the CFR or does it have its own section. If there is no difference in the rating, let them eat thier words. File for nocturnal hypoxia using this comp exam as proof. Sorry they are screwing with you. Ruby

Can someone tell me what is required to do an informal claim. What has to be in the letter. I am waiting to file a claim when I have everything I need to support my claim which will take me another month or two to accomplish, however I understand until I make a claim I am losing time. If I just wrote a letter stating that I am filing an informal claim for PTSD/MST what else do I have to include in this letter. Thank you Ruby

There is a difference between the 2. Sleep apnea means you stop breathing. Nocturnal hypoxia means your not breathing enough or deep enough but your still breathing. You oxygen saturations are low. I would look at the sleep study result and see what your oxygen levels were, how low did they go and how many times it occurred. Ruby

Thanks

I need clarification on the statement people who talk about PTSD ---- Are they saying I have PTSD or are they talking about thier problems and stressors to anyone. I agree with Pete that a person who has PTSD would not like to talk about it to those who don't have it. They just don't understand.

In the denial for your back what did it specifically say?

Congratulations!!