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Bonzai

Senior Chief Petty Officer
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Everything posted by Bonzai

  1. If you really want to be sure they have it, then send in a copy of your SSA award letter. Either mail it certified or hand carry it to your VARO. I don't know if they will pull your file off someone's desk to add and and put you back in the same spot, or if it will delay your processing more. Just wanted to mention that, because I've heard 'rumors' of more paperwork delaying processing of a claim.
  2. No, it has to be 100% service connected plus an additional 60% service connected or more.
  3. Congratulations! You made one of the 38th percentile for that ALJ.
  4. Way to go, great job on staying on top of it. Congratulations.
  5. I hope so! Is there anything saying that your condition(s) is static, permanent in nature, or anything about CHAMPVA and Chapter 35 benefits? I'm sure there are more clues, but I can't think of them now. You could also look up your award in the eBenefits award letter generator.
  6. In order to appeal a Social Security decision, you have to appeal it within a 60 day time frame. That being said, there is a four year window in which a case can be re-opened with good cause. The definition of good cause is pretty arbituary, depending on who looks at it. Social Security is NOT like the VA, and they have two different definitions of disability. With Social Security, you have to be 100% disabled and unable to work at all. Veterans Affairs has awarded you a 50% service-connected determination, meaning that your PTSD affects your ability to work or even what levels of employment you may reach. However, your documented use of substances really throws a wrench into any attempt at differentiating how much of your disability is due to PTSD and how much is due to substance abuse (their words, not mine). From quick research on the Internet, using illegal substances (marijuana) is not condusive to getting a favorable approval from Social Security. From your own post, you drink beer and occaisionally smoke marijuana. In my opinion, you would have to have a period of 'clean and sober' time, where the effects of your PTSD alone can be ascertained, before Social Security would award any benefits.
  7. In Sept 2011, I was having severe abdominal pains, which didn't go away for three days. I finally called the VAMC in Memphis, and was told by the telephone care nurse to go to the ER - I told her I couldn't get to the one in Memphis as it was 2 hours away. She told me to go to the closest ER, and because I was 100% it would be covered. Just to make sure, i contacted billing, and the billing lady I spoke to said that the visit would be paid for. After my ER visit, I called the VAMC again to speak to billing and the lady I spoke to that time wanted to know who had told me that non-VA ER would be covered - I told her that the previous billing lady said there would be a note in my record - so she finally asked my name and last four to look it up. She then told me that there was indeed a note put in my record and the non-VA ER visit would be covered. I thought everything was fine. Just this past Tuesday, I get a bill for $435 from an emeregency services company - I called to ask what the bill was for and was told that it was for physician fees. I called the VAMC, and after the same run around without checking my record, I was told non-VA ER visits were not covered. I told the lady to check my record and she told me that indeed the visit had been paid for by credit card in Nov, giving me the CC reference number. I called back the emergency services company and found out that the physician fees are separate from the hospital emergency room visit, so they said they would call the VAMC to get those the physician fees paid too. They were to call me back if there was a problem - no call back as of yet. So because I was told by the VA to go to a non-VA ER and was proactive in contacting billing (making sure a note was put in my record), my non-VA ER visit for a non-SC condition (diverticulosis) was covered. I NEVER would have thought to CYA until I had read some of the stories here on HadIt regarding non-VA ER visits.
  8. If you are receiving 90% service-connected fromt he VA, you will be over the assets level for SSI. SSI is a needs-based program, so your nets assets are taken into consideration. It doesn't matter for SSDI.
  9. Here is the VA's Foreign Medical Program link: http://www.va.gov/hac/forbeneficiaries/fmp/fmp.asp
  10. Congratulations. I never would have thought of purse snatching, as I have a bad knee and it would have been embarrassing if the old ladies caught me...
  11. I am soooo jealous - but congratulations anyways!!! I just received a remand and I go back to the ALJ from H*ll, so the battle continues...
  12. recieve receive <==== doesn't work for me either spell checker - RIP
  13. It seems like you are caught in the Continuing Disability Review (CDR) cycle, where they review cases every so often - just like the VA does their reexaminations. They seem to be doing more of these recently. On the good side of this, is the fact that Social Security has to prove you are no longer disabled, as you have already proved that you are; hence your earlier award of disability. Do not miss your examination, as they will discontinue your disability and you will have a bigger mess to deal with.
  14. I am not having any problems with the forum fitting on my page - I am using Mozilla Firefox 8.0.
  15. I'm not sure what level of appeals you were denied at. If you were denied by the ALJ, then your next step is to: a) file a request for review with the Social Security Appeals Council, if you think the ALJ made serious errors in your case. or b) file a new application with additional evidence, using the day after the denial decision as the onset date. You can no longer do both at the same time. If you were declined a review by the Social Security Appeals Council, then your next step is to file suit in District Court AND file a new application of disability. Whether or not you file suit should be up to you and your lawyer.
  16. A success story is a great way to bring in the New Year. Congratulations...
  17. Today, I received the answer to my request for review of the ALJ from H*ll's denial of SSDI benefits. The Appeals Council vacated the decision of the ALJ and remanded my case back with instructions to resolve many issues. Needless to say, I am slightly disappointed that it was not an Approval (2%), but greatly relieved that it was not a Denial of Review (75%). So, now the battle continues, but I have more evidence on my side, to include the fact that the ALJ only partially summarized the SSA's own consultative examiner's statements, and ignored the statements about my being disabled - which the Appeals Council has extreme problems with (I did not know anything about this). Put another log on the fire! Take note: The Appeals Council also quoted Social Security Ruling 06-03p "...a decision made by another governmental or no-governmental agency cannot be ignored." - which is what my ALJ did. Anyways, the Appeals Council nailed the ALJ to the wall on six issues; in which he has to answer on. He has to determine my functional limitations or residual functioning capacity and provide rationale with specific references to evidence of record in support of the assessed limitations. So if he now tries to determine I am not disabled, he has to prove it against three opposing RFCs (to include one from the SSA's own consultant). I have to wait until Tuesday to speak with my lawyer, but with this and additional evidence I have gathered - I hope to get an On The Record decision, by passing having to wait to have another hearing.
  18. Ditto what Tbird said! I used to have constant thoughts of suicide and knew that it wasn't right. I used to think that "I never used to be this way" or "I'm not good for anything anymore". I was lucky enough to have friends who I would talk to, and they had no problems putting our friendship on the line by calling the police to get me into an Emergency Room for help ASAP.
  19. The rules for VA disability and SSDI are different, and being 100% SC'ed by the VA is not a slam dunk for SSDI. You need to make sure you have all your evidence to prove to Social Security that you are unable to work 'at all', and they have to find you completely disabled. Different Social Security regions give VA evaluations different weights that may be used to determine disability. There are too many 100% SC veterans, who have been denied by Social Security. It seems each session, the House starts a resolution for an equivalency law that would mean 100% VA would entail 100% SSDI, and vice versa; but it always dies in the Ways and Means committee, never making it to a vote.
  20. Cool Breeze, Have you ever been checked for sleep apnea? I was tired all the time, and then found out I had it. I am not so tired anymore, but I still take naps.
  21. Wings, When I need a consult, I call the VA hospital and get put in touch with a managed care nurse. They, in turn, send a note to my PCP that I need a consult for such and such... My PCP then enters a consult and I get notified that I have an appt. I am also only being seen by my PCP every six to nine months. Hope this helps...
  22. Hulamatt, I found out about my increase when I had an appt and the percentage had been changed on my appts list. Ebenefits didn't show any change until after I had received my letter in the mail. I'm not sure how timely they are now, but I hope you get your letter soon and I can read about it in the success stories!
  23. Here is a link to the Social Security forum: http://www.hadit.com/forums/index.php?/forum/37-social-security-disability-questions/ As far as surviving the process of waiting for an ALJ hearing, and then waiting for the decision of the ALJ, you need to find something else to occupy your time. Which is something far easier said than done!!! Personally, I a waiting on a decision on my appeal to the Social Security Appeals Council for the past 17 months, after a denial from an ALJ. I bounced off the walls so much, that I am lucky to have any walls left. Seriously, I have started reading more and recently increasing my exercise as much as I can - Which is a whole lot better than being disappointed/depressed everyday that I get nothing in the mail.
  24. I should have typed Residual Functional Capacity forms (RFCs) which are used filled out by providers to show Social Security what limitations you have, and why you should be considered disabled. If you do a search on them, you can find that there are two types: Mental and Physical - Click on the link below for the post about them:
  25. 40% from the VA is not going to carry much weight, if you don't have other non-service connected conditions. You need to get as much evidence and Residual Capacity Forms from your providers. From reading many posts by veterans who have applied for SDDI, I think it is still pretty much dependent upon who you get as your Administrative Law Judge (ALJ). I wish you the best with your hearing.
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