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clw4514
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Posts posted by clw4514
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I will add some insight on your SSDI decision. The first denial came from the folks at your state level or DDS. These folks are the first line of defense for claims.
You have a limited time to file your request for reconsideration. Get an attorney to do that with you.
J
it says regional commissioner so i assume it is state level. first time ive tried to apply.
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im on it!!! i also talked to the vp of the al for this region last nite. but, he didnt tell me anything i havent learned on here ;)
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and the SSDI decision came this morning.....DENIED! im so glad that SSA and the VA think im capable of returning to work when i cant even maintain a thought process long enough to finish a task at home. who the hell would want to employ me? as a rule, i prefer to be kissed b4 i get screwed at valentines ;)
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clw,
Find out if she is a Licensed Clinical Social Worker (LCSW), if she is
then she can be of help.
JMHO
i keep thinking she is an MSW. can she still help?
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u know what....im honestly not sure. i *think* she is a social worker. for sure not a doctor of any sort.
the way i was understanding that i had to be a min of 60% for one or combined total of 70% for more than one. plus not be able to maintain substantially gainful employment due to my sc disability. is that correct? if so, then they clearly stated in my denial the following which would seem to indicate it is not possible to maintain employment:
"you experience persistent symptoms of increased arrousal manifested by difficulty with sleep, irritability, outbursts of anger, intermitten difficulty concentrating, hypervigilance and exaggerated startle response. the disturbance has impaired your social and occupational functioning."
clw,
If you are SC'd at 70% due solely to PTSD - I would give a little push
to my current therapist. BTW - what is their pedigree ?
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clw,
Forget anything with the danged intern.
dr.XXX is who you want something from.
I can't remember but it sounds like you are SC'd for PTSD, is this correct ?
Can you go to dr.XXX and get them to enter evidence into your progress notes
stating that due to your SC'd PTSD (mental health disability) you are not able to
hold substantial gainful employment ?
If not this then will they write into your progress notes that your occupational and social
impairments .......
General Rating Formula for Mental Disorders:
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior;
persistent danger of hurting self or others; intermittent inability to perform activities of daily living
(including maintenance of minimal personal hygiene); disorientation to time or place;
memory loss for names of close relatives, own occupation, or own name... 100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations,
judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals
which interfere with routine activities; speech intermittently illogical, obscure,
or irrelevant; near-continuous panic or depression affecting the ability to function independently,
appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence);
spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work like setting); inability to establish and maintain effective relationships... 70
Directive for support in progress notes:
http://www1.va.gov/v...asp?pub_ID=1790
dr xxx is in memphis and we are now in virginia beach. i had tried calling her before and after we left memphis. she never calls back. i am going to talk with my current therapist about it and see if she can do anything. and you are correct. i am 70% for ptsd.
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i filed for SSDI at the same time i did for TDIU. SSA made a decision last thursday and said it could take up to 2 wks to get the decision letter.
this denial is from the original request for IU.
i had an intern doing my prolonged exposure therapy. just before i started that, i had also started voc rehab. when the voc rehab lady gave me an RTW form for the intern to sign off on, she (the intern) lost it. i repeatedly asked for it and she finally said, "ive discussed it w/ dr xxx and we have decided it is not good for u to go to work at this point in time." i asked if she would at least email the lady in voc rehab and she never did. nor did she put this in my file. i was communicating w/ voc rehab and letting her know what was going on and eventually i got the notice i was being pulled out of the program. but, she put on the first notice "i stopped action on your claim because you reported that you are not currently able to work and you will soon begin intensive therapy to help with PTSD. You will decline further services at this time and will reapply when your health is more stable." on the second notice from her dated a month later, she put "I stopped action on your claim because you didnt complete your evaluation." i even called and questioned her on the wording of these two notices. she told me not to worry about it. soooooooo, i feel all of this impacted my IU because in the denial letter, they stated there was no evidence in my file from a dr stating i was not able to work.
whew! i may have rambled on but i hope that helps you understand. let me know if i need to clear anything up.
clw,
OK - now that you've finished licking your wounds, it's time to get your plan of action
lined up.
Is this denial a rating decision from an original request for IU, or is it an answer in response to a NOD
or a DRO decision ?
Are you in receipt of SSA benefits - if yes, why, what is stated by SSA ?
Keep in mind that
"they sd i was able to "perform simple and repetitive tasks." it would cost me more in gas to go to work at a job like that.",
is completely irrelevant regarding the VA and or SSA.
For VA - they only consider SC'd disability's for IU, any NSC disability's might be used against you to support a denial for IU.
You posted, "the intern and her boss never put in my records i was not able to work due to on going prolonged exposure."
I do not understand this statement and how you feel this impacted the decision for IU, can you go into more detail
and explain ?
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thank u, pete....im compiling my documentation now. i will start w/ my primary care w/ tricare and go from there on IMO. i hope i am as lucky as the others who bounced back.
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Can you copy the denial letter, remove all personal information and PM it to me. I would like to see it.
Also, it is a denial, you are in the top 96 percent, Now it is time to get busy and start to kick some Butt.
J
yes sir! i will have that done here in a few. thank u so much!!!! ive already started my research. ive licked my wounds now im ready for battle ;)
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mine says:
While you would not be able to perform executive level functions any longer you would be able to perform simple and repetitive tasks in a structured environment.
Im sure it varies depending on the person's situation. hope that helped.
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thx, carlie.
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thank u, sapper. gotta lick my wounds for a bit and think thru things. my head is swirling right now.
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i got my decision today. it was heart wrenching to say the least. the memphis VA screwed me. the intern and her boss never put in my records i was not able to work due to on going prolonged exposure. i feel as if the va blew thru my claim and gave no regard to it at all. they sd i was able to "perform simple and repetitive tasks." it would cost me more in gas to go to work at a job like that. im going to retreat to my bed for an indefinite amount of time now. i am completely heartbroken over this.
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Well good luck to you and remember to appeal if you do not get it this time!!
thx :) at least SSA tells u its gonna be 2 wks for a letter to arrive. im still waiting on my decision letter from the VA. it was mailed last tues. lol
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well, now im more than just pissed. im frustrated. a decision was made on tues this past wk. they couldnt tell me over the phone citing law. then dug a little deeper on here and someone sd they can fax it. i call, she says yes. never rcvd the fax. i call back next day and was told no, they cannot fax it. again, they cited law. i asked for another letter to be sent out and no, u have to wait 10 days. i ask what my current rating is and she sd unless the letter says otherwise, its the same. wtf??? so, she directs me to the regional AL since they helped me on the initial claim for benefits. mind u, that was in memphis,tn and i didnt use them this round. didnt think there was a need. it was pretty cut and dry. she goes on to say, they will still get a copy of the decision. i call them, the woman had no freakin clue what i was talking about. she sd that i am not in their system and she cant help. so, she gives me another # to call. wanna guess what it was?? the main VA 800#. so, here it is the following saturday after the decision was made and still no letter. our regional office is only 250 miles and there wasnt any of the bad wx between there and here. there was no call for delays on that mail route. and just to make it that much more frustrating, the tags for our van were sent from memphis,tn on wed/thurs this week and we got them today.
i just do not understand why it is taking so long to get the letter. all this mayhem makes me think it was declined and nobody wants to tell me.
deltawife - hang in there....
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SSA made a decision yesterday. said i should have the letter within 2 wks. hoping for the best on this and/or TDIU....
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nevermind. ive managed to answer my own questions.
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still no letter, no answers. nobody is able to tell me anything on the phone. i should have rcvd the letter by now. what do they do if u never get the letter?
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called again today....they sd it was actually illegal to inform of the status over the phone. who knew! policy or law (dont remember) states it must be done via letter. but, when i was awarded my initial claim in 2009, they told me over the phone. :(
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just today. it was sent to the supervisor on friday last week. bad part?? the computers havent updated the "status" so they couldnt tell me yay or nay. poo! the anticipation is killing me and my mind is running wild. did he really know and just didnt want to tell me it was declined? he could see the letter was already mailed out. shouldnt it show if it was awarded or declined? how long will the computers take to actually "update" the status? gahhh.....a million and one questions.
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finally got ahold of my case worker @ SSA and asked her about this. she sd it is *not* uncommon for Dr's to ask about other conditions even if they r not evaluating u for it. i was really taken back by that and let her know how uncomfortable it made me.
so.....just a friendly FYI for others. dont get blind sided by this like i did. :(
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after what seems like forever, my claim has now moved to the decision phase. since i am 70%, i am hoping for a positive outcome. *thinking good, positive thoughts*
:)
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Get ALL your ducks in a row.
Get set up with the VA Medical Center, get your VA ID card (fill out form 10-10EZ). See your Primary Care Physician and tell them of the problems that you are having and get set up for treatment for these problems. In other words, establish a record of treatment. And get copies of this treatment. Especially important if you are being treated for PTSD at your local VA facility, you MUST get VA diagnosis for your PTSD.
Get all your Service Medical Records and get your service records showing where you were (especially pertinent to PTSD and Agent Orange). IF any of your service records show any treatment or any indication leading to the reason for your claim, get it copied to send (never, ever send originals).
Get any of your private medical treatment records if they pertain to your claim and will assist in the awarding thereof.
Get VA Form 21-526EZ (download it from the VA.gov website). Read it throughly and COMPLETELY before filling out any of the little blanks. Then, when you KNOW that you understand what they want and what you have and that you have all the info that they want.........FILL IT OUT and SEND IT IN!
You will have turned in a FULLY DEVELOPED CLAIM and it will be fast tracked.
I just had one of my veterans that was awarded 70% PTSD within 29 days.
www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf
*GREAT* advice....thats what i did w/ mine and it was approved extremely quick. TDIU - not so much. been at the rating board since 27 oct and they just put hands on it this past tues. oh well, still quick by VA standards ;)
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I will only discuss mental health issues with a PCP I had been with a long time
and mental health providers ONLY.
Perhaps this "dr" was just wanting to hear something juicy - to think about later.
Probably a sicko.
thats what i was thinking, too. wasnt sure if it was just my paranoia or what. i was really uncomfortable in that office with him.
Denied
in TDIU Unemployability Claims
Posted
spoke to my therapist yesterday. she sd i should get documentation from my current psychiatrist. problem? i only see that person for med management. and i was also informed that she suddenly retired and i have not been assigned to anyone new. my therapist went ahead and got me set up for first avail which is june 2. i do believe i am just gonna get an IMO at this point and proceed fwd w/ the NOD. Jbasser - thank u for that info. i will be utilizing it! :)