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photoman

Seaman
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Everything posted by photoman

  1. While I appreciate the feedback, I must admit that I may not have been clear. I'm very familiar with the regs pertaining to my disability rating and retaining it, et al. Senior veterans rated TDIU are faced with the very real possibility of losing their rating during each budget session. It nearly happened during the Obama administration, as well as the Trump administration. Nearly a quarter of a million senior veterans may lose their TDIU. Each time it comes before congress the Veterans Service Organizations aren't so quick to act on our behalf. My question may more succinctly be summarized in the following article: https://www.disabledveterans.org/2017/05/24/amvets-speaks-dav-legion-silent-benefits-cuts-affecting-elderly-veterans/
  2. Thanks for such a prompt and thorough response. Although I do have tinnitus (not rated) from Air Force air craft and other exposure, and a knee condition (not rated), but documented in my military records, I've only got the 70% TDIU P&T for PTSD. I was discharged in 1977. Should I go for getting these conditions rated as well? Or is this a can of worms?
  3. I'm absolutely terrified that at some point I'll lose my 70% TDIU P&T when I reach eligibility age for SSI. I know that each budget period the issue comes up to eliminate TDIU at retirement age to save money. Thusfar the Veterans Service organizations have protested and older Veterans, like me, approaching retirement age can breath a brief sigh of relief. I'm 60 years old now, and live in absolute fear and angst that in a few short years I'll literally end up homeless and destitute, my wife and college age child would lose benefits as well. I know no one has a crystal ball, but I am becoming more obsessed with contacting my service officer with the American Legion and submitting a claim for 100% P&T and looking into filing for Schedular. I've been 70% TDIU P&T since 2006. What is the likelihood that TDIU for senior Veterans will be on the chopping block. What should I do to protect my benefits. Thanks in advance for any words of wisdom.
  4. I was not quoting anyone, but paraphrasing Chuck75. This is who I thought I was adding the reply to. There is no malice hear so try and be a little courteous. Again, my apologies.
  5. My mistake. I didn't intend to quote you. I thought it was someone else. Please accept my apologies.
  6. Yes age has something to do with it and you will probably get it the second or third time around, but as I stated previously you need more documentation supporting SSA Disability. I would recommend that you pursue the TDIU piece as well. This may take awhile. I stand my previous answer. The evidence you present to SSA must be consistent and I would advise more than one practicioner. Who is treating you for the PTSD and who is treating you for the medical stuff. Get letters from both. My experience is that even if you haven't as of yet been granted TDIU you may be able to win by presenting more than one letter. I even had my wife write a letter and wrote a statement myself. Make sure that all the documentation is consistent. Yes, talk to an attorney, and yes ask for a DRO Hearing. I had one years ago and it definitely helped. Again SSA is going to look at 50% and 20% and have an MD note saying you can't work. This is an easy denial for SSA because of the INCONSISTENCY in the case evidence presented. Trust me when I was working I used to do Mental Health Evaluations for SSDI. You might want to ask for an increase in your PTSD rating to 70% if you can't work, you should be able to get this pretty quickly.
  7. Yes age has something to do with it and you will probably get it the second or third time around, but as I stated previously you need more documentation supporting SSA Disability. I would recommend that you pursue the TDIU piece as well. This may take awhile. I stand my previous answer. The evidence you present to SSA must be consistent and I would advise more than one practicioner. Who is treating you for the PTSD and who is treating you for the medical stuff. Get letters from both. My experience is that even if you haven't as of yet been granted TDIU you may be able to win by presenting more than one letter. I even had my wife write a letter and wrote a statement myself. Make sure that all the documentation is consistent. Yes, talk to an attorney, and yes ask for a DRO Hearing. I had one years ago and it definitely helped. Again SSA is going to look at 50% and 20% and have an MD note saying you can't work. This is an easy denial for SSA because of the INCONSISTENCY in the case evidence presented. Trust me when I was working I used to do Mental Health Evaluations for SSDI. You might want to ask for an increase in your PTSD rating to 70% if you can't work, you should be able to get this pretty quickly.
  8. Whether we would like to believe it or not SSA looks at SC C&P results and often will look at the medical data from VA and chose to accept that or not in deciding your case. Did the Feds retire you medically as a direct result of your conditions? At least 7 out of 10 SSDI cases are denied the first time around. TDIU would definitely be a plus otherwise it is going to be an uphill battle with SSA. Consult with an Attorney. TDIU will bring you to 100% in which case you'll have a better chance with SSA, but until then SSA is seeing 70% and one letter. This creates reasonable doubt and unlike the VA SSA doesn't have to decide in favor of the Applicant. I would definitely call the Lawyer. He may say that you should wait until you get TDIU. I would appeal SSA's decision, but you need more medical data supporting your inability to engage in sustainable Do you have a medical condition that has prevented you from working or is expected to prevent you from working for at least 12 months or end in death? Call SSA and talk with them. Go down there in person. Be courteous and bring someone with you who can help you ask questions. http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php?p_sid=a8FBDX3k&p_lva=&p_li=&p_accessibility=0&p_redirect=&p_page=1&p_cv=1.105&p_pv=&p_prods=&p_cats=105&p_hidden_prods=&cat_lvl1=105&cat_lvl2=0&p_search_text=&srch_btn_submit=%C2%A0%C2%A0%C2%A0Search%C2%A0%C2%A0%C2%A0&p_new_search=1&p_search_type=answers.search_nl
  9. The short answer is no if you are disabled and seeking SSDI, although you may win UC this could create complication down the road. Remember that if you collect UC this and actively seeking employment you are perceived as being ready and able to work. Administrative Law Judge may grant you UC initially, but I used to testified in unemployment compensation hearings as an employer and if you are applying for SSDI and actively seeking work many ALJ's would deny you. they are getting more and more strict on this question of UC &SSDI. If you are granted UC the amount you earn will put you over the SSDI threshhold for earnings. More than likely you will be denied flat out if you were granted UC. I was in the same situation. I actually couldn't handle being on meds and being the Director of Safety & Benefits. One day I walked of the job. I knew that if I collected UC it the company would fight it and probaly win. Once SSA gets wind of it I am caught and they are going to be highly suspicious. You can't sit on the fence. I didn't even try to collect SSDI. If your planning ahead you have to decide one way or the other. Get a consult with an SSA Lawyer. http://www.ssdanswers.com/2007/09/09/does-accepting-unemployment-benefits-hurt-my-ssdi-case/
  10. If SSA is asking you to come into the office to make your Fiance' your protective payee and/or sign paperwork as the Custodial Parent for your dependents. I don't think they are asking you to go there to sign paperwork unless funds are going to be disembursed, e.g. SSDI. The protective payee will be responsible for your funds received from SSA for SSDI. It seems obvious that you need to ask them if you have won your consideration, but you need to ask. They are the only ones who can answer. Just ask!
  11. You should share more information. I don't care what any statistics say there is no way to predict the outcome of an appeal. When I was working as a Mental Health Professional and Human Resources Manager, I have sat in front of many ALJ's. They are not going to want to hear the same thing again. The Appeals Council will not want to put the same thing in front of an Administrative Law Judge unless there is new and compelling evidence that hasn't been hear. Has the VA adjudicated your case? Why were you denied at the ALJ hearing level? If you have a Lawyer handling your case, then why are you even asking this question? If your Lawyer has done this before one might imagine that he/she is the one who knows what you need to do on appeal? If not you might want to be searching another Lawyer. Was you VA information entered into evidence? Were there inconsistencies in the presentation of your case? Even if someone has won on appeal this doesn't change the questions that led to your denial. Your question just raises more questions. You may also have your case dismissed if the ALJ decides that the claim has already been decided on the same issues with the same facts. These types of decisions can also be appealed to the Appeals Council. So was your case presentation based on the same evidence. In order to increase the likelihood of winning you may need to present yourself differently, obtain more supportive and compelling information to be granted an appeal by the Appeal Council. If you are appealing without any additional and compelling information your chances of being granted an appeal are diminished. If you have to ask such a question on Hadit.com, I have questions about your Lawyers experience. Hope this helps to some degree.
  12. Yes and make sure that it is consistent with all the other data you have conveyed or submitted to the VA and SSA as well. In my case they requested my VA C&P results. I hope I posted this in the right place.
  13. Yes and make sure that it is consistent with all the other data you have conveyed or submitted to the VA as well. In my case they requested my VA C&P results.
  14. “Consultative Examinations “If the evidence provided by the claimant's own medical sources is inadequate to determine if he or she is disabled, additional medical information may be sought by recontacting the treating source for additional information or clarification, or by arranging for a CE." http://www.ssa.gov/disability/professionals /bluebook/#Medical%20Evidence ://http://www.ssa.gov/disability/profe...cal%20Evidence Please follow the link and read. In know way is it a show stopper if SSA tells you they don't need you to submit to a CE. If SSA has current data from your providers they would prefer to us that if it meets the "Professionals Bluebook" criteria. Call the disability specialist working you case and ask. I disagree that "mental ce's" are done as a matter of course. This didn't happen to me. Just read it from the horses mouth.
  15. I have on two occasions, the most recent was after an incompetent 30 year old psychologist interviewed me for 20 minutes and and because I told her I used to drink to self medicate she accused me of being an alcoholic. I confronted her in the session and then she held up forwarding the results of my C&P to the VA. I talked with the clinic manager and lodged a complaint. I faxed over a letter to have entered into my record complaining about the delay and the comportment of the psychologist. I copied my VFW DSO at the VRO. I was pissed. My providers at the VA have known that before I received decent dx and tx for my PTSD I self medicated with alcohol. The psychologist was more interested in the information she lost after typing it in. Well everything worked out. I made sure that even if the letter of complaint was not entered by the contract agency I got my Service Officer to ensure it was entered into the record. I have never had an issue confronting what I feel are issues I have. I have been fortunate. I always say that you can only rely on yourself ultimately. In the case of Vets who are less able they need advocacy. The Freaking VA wants us to be afraid of the big bad monster. This is control through fear. If you are able ask questions, arm yourself with information, and ask why something is the way it is and ask for the location of the rule or law governing it. I vented a bit, but my ultimate point is if you are genuinely terrified of the system and this is understandable - use Hadit, attorney consults, fellow Vets who can help you navigate. Whew I feel better after that.
  16. The following link will take you to the SSA CE Guidelines for Professionals. http://www.ssa.gov/disability/professional...ce-evidence.htm
  17. SSA awarded me SSD (SSDI) in February, 2006 without submitting to an SSA CE. They used my Military & VA, records and the results of my C&P (PTSD 70% - TDIU 100%) granted me SSD based on the above records provided. I remember talking with my caseworker at SSA prior to being granted SSDI and he said that they would not need an exam. I asked him why? He said that SSA had all the info they needed from the VA and no further exams were required. I don't know how others feel about this, but my experience with SSA has been positive. I think it had a lot to do with walking into my local office and personally asking for information. I had emails and direct lines to my caseworkers - or whatever they call themselves. Just before I was granted P&T in January I called SSA and they said I had no further exams scheduled. The point is I asked questions politely and was courteous and honest and consistent in what I told SSA. My VA C&P matched up with all the what I personally told SSA. Granted mine was for PTSD. One of the elders at Hadit had suggested to go down to the local office in a recent post. This is what I did in 2006. Just my experience.
  18. I have SC PTSD. I was a USAF Photographer. I was very fortunate that my name was on every photo and I was treated for Anxiety Neurosis after a year in service in 1977. I had horrible nightmares and since we used flash a lot all the images of body parts and other stuff are burned into my memory. The years of what I called "flashbulb" flashbacks are still there of separated limbs, eyeballs looking at me from the ash of an aircraft fatality and so on. I wouldn't wish Dx of SC PTSD on my worst enemy. PTSD is physically exhausting and while the meds help to some degree, it never leaves. Then there are the side-effects of the meds. I really think that anyone claiming PTSD is going to expend a lot of energy to present symptoms that meet the criteria for PTSD, but these guys are going to have to spend even more energy keeping their stories and symptoms straight. One would imagine that it would be less taxing to just working a job. These fakers are going to not want meds...I just can't imagine these fakers keeping it up for long. I may be wrong. While I know there will be malingerers I would hope that they get weeded out and the VA gets it together so the various providers can compare notes. There are standard measurement that can rule in or out whether a person is spoofing. The MMPI and the MMPI2 can actually (as one tool) reveal exaggeration, overreporting and reveal a Rule Out Dx of Malingering. It is one tool that consistently holds up in the legal system. The Department of Veterans Affairs Best Practice Manual for Posttraumatic Stress Disorder (PTSD) Compensation and Pension Examinations. It is a comprehensive manual of 121 pages. http://www.vva.org/Committees/PTSD/PTSDManualFinal6.pdf It's just that those administering C&P's do not use psychometric test and there are plenty. They don't even follow their own standards for increasing dramatically the accuracy of a reported Mental Disorder. Why? It's time consuming, costs money which means increasing staffing. I think if the evaluators just use some of the measurements in the "Manual" many malingering cases could be dispensed with. Many of the fakers might even just run if they are asked to take the MMPI or MMPI2. Thanks for this Forum.
  19. Seaman - I don't bitch about Lawyers I just submitted some recommendations above. I did see a post where a Brother met with a lawyer and the lawyer gave him some bad advice.
  20. That would be me. I am glad to be back on Hadit. This forum and the information helped me at the beginning of my journey through the VA system some years ago. All I can hope to do is give back something.
  21. In my previous life I was a Licensed Mental Health Practitioner and it was informally referred to as SSD by everyone. I used to do evaluations for GAU and SSA to help determine eligibility for SSDI. Don't sweat it. If you are awarded SSDI you children may be eligible for a stipend paid to a custodial parent. The kids won't get medical. What is cool is my daughter turned 18 last year and SSA dropped her, but I am receiving nearly the same amount with one dependent. So once you get it and your kids start leaving the nest the child benefit doesn't change much. Now that is for two children. I don't remember if the same thing applies to more kids, but I know their is a cap. I think a lot of Vets, myself included are afraid if they assert themselves they'll lose everything. I had a similar experience. I was awarded 70% TDIU 100% and it was about 4 years since my award and I went to my VFW DSO and filed a request for P&T award. Within 3 months I had another C&P and P&T, but the key for me was that I had to be the driving force duing the process. The only reason that I got it so fast is follow-up, follow-up, follow-up. It was taking forever for the contractor to send my C&P results to VA so I wrote a letter of compleint to VA that the contracted provider was dragging her feet. I talked to the provider's boss and kept things moving. Download and complete VA Form #21-4138. Make sure you attach supportive documentation indicating in support of P&T. The amount of time to become eligible to use Medicare I will tell you be longer than filing claim for P&T from my experience. Just saying. I even asked and received a note from my VA shrink stating that he "agreed with me, that given my current mental status blah, blah attemtping to return to work would cause my condition to worsten." I think the first line of offense should be pursuing P&T. Just get the upgrade to P&T and then your dependents will be eligible for CHAMPVA. Follow the link to the CHAMPVA Web Site and read. Information is power. http://www4.va.gov/hac/forbeneficiaries/champva/champva.asp Once you get P&T go down to SSA Local Office and work with them up close...not to close.
  22. Very good point. GO DOWN THERE. The attorney doesn't know what he's talking about. While in the process of applying for SSDI I went down to the local office and had one contact person who I could talk to when I needed information or assistance in completing the documentation. I even had my caseworkers email address. Some might say this is not a good idea, but it's not if you truly have a disabling condition. In my case I applied for IU and SSDI at the same time and was awarded SSDI before receiving my award letter from the VA. I neverthless agree wholeheartedly. Make yourself more than a number and be courteous. They are tired of dealing with abusive people and rightfully so.
  23. I think a lot of Vets, myself included are afraid if they assert themselves they'll lose everything. I had a similar experience. I was awarded 70% TDIU 100% and it was about 4 years since my award and I went to my VFW DSO and filed a request for P&T award. Within 3 months I had another C&P and P&T, but the key for me was that I had to be the driving force duing the process. The only reason that I got it so fast is follow-up, follow-up, follow-up. It was taking forever for the contractor to send my C&P results to VA so I wrote a letter of compleint to VA that the contracted provider was dragging her feet. I talked to the provider's boss and kept things moving. Download and complete VA Form #21-4138. Make sure you attach supportive documentation indicating in support of P&T. The amount of time to become eligible to use Medicare I will tell you be longer than filing claim for P&T from my experience. Just saying. I even asked and received a note from my VA shrink stating that he "agreed with me, that given my current mental status blah, blah attemtping to return to work would cause my condition to worsten." Do the Medicare thing as well, but I think the first line of offense should be pursuing P&T.
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