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WHOLESALE
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Posts posted by WHOLESALE
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I couldn't agree more....well said, frank
Jack, You should by all means file for SSDI and IU, if you can not work due to your SC conditions. In my opinion there is no such thing as a perfect IMO, but it can be a real asset and tip things in your favor. Also, I am in the dark really as to your situation in the National Guard. Were you active duty in the armed services or just National Guard. I am just not familiar with how you are SCed and still be on call for deployment to Iraq. Maybe I misunderstood some of your post. Also, sorry for bringing in the yawn factor, I was just trying to lighten things up, as they were getting heated and your post to start this thread were being stepped on. Get back to us on this. For the most part were all here to help and sometimes things just get ou of control.t&b
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As long as service was not disonorable then should get it.
The VA looks at the record as a whole to see if there was persistent willful misconduct while in service.
I have OTH and have FULL BENIES.
goodluck,
frank
Hey vetsmy ex-wife is filing a va claim for mental issues, but we are not sure if she qualified for va benefits.
During her second term, she was discharged from the corps with an oth disharge. Thoughout her career she received three NJPs . Twice for alcohol related issues. Once for jumping out of a cab trying not to pay the fare. After exiting the corps she landed in jail with a felony. She's currently out and trying to piece things back together. My question is will the va award her any benefits That she may be intiled to?
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Harvey, that's encouraging..Nice to see a successful outcome.....frank
IT saysWE granted entitlement to the 100% rate effective September 11, 2008, because you are unable to work due to your service-connected disabilities. No examination will be scheduled in the future.
Thank GOD, thank everyone of you who helped me on here.When you sign on here and read enough forums you will find so many caring veterans who will help and enc
ourage you right when you need it. thanks to everyone of you.
I filed on May 8 2009 and did not get any %increase but was granted IU P&T with assistance under 38 U.S.C. chapter35 which my son will benefit greatly.THEY going to back pay back to sept 08 When i got my rating for PTSD and Hearing loss.
like Jessie said the other day WHAAAA WHOOOOOOOOOOOO
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Sweeeeeeet, I drink a beer for ya....frank
Put my sucess story in wrong place i think. So excited,been wating so long i do not know what i did.I think it is in IU claims. sorry -
So if you're making $10,000 month you would quit your job after 9 months and go back on SSD getting a check at a fraction of this? This being if you can work?
If I could work I would love to have a job making $10,000 month? Sign me up
frank
If VA claims were slam/dunks there would be no Hadit. When you are experimenting with your ability to pay your bills I would proceed cautiously. I have IU and SSD. If I went to work earning 10,000 a month for 9 months and then quit do you think the VA would look kindly on that? If I could make 10,000 a month why would I need to be on SSD or IU? Let's get real. Most of us spent months or years in the wilderness waiting for our SSD or IU/100%. I lost 20 pounds just waiting five months. I don't want to go through that again for any reason. -
I'm not saying DO IT. I'm just saying that it is a benefit if you find you're able to go back to work and want to go back to work. Anyone that is on SSD can go back to work if they so choose. Ultimately, it's up to the claimant on how they pursue this. Would you rather people on here to NOT KNOW what's in the rules and benefits if they so choose to work? I really don't understand your rationale on this.
You're really making this a lot more complicated than it is and blowing it out of proportion.
Hey, any of you that have SSD or want SSD you are ultimately the one that will choose your destiny on this. I just have said that I've been through this process and it worked for me. Again, it's ultimately your choice.
This "GANGING UP" on someone posting a SSD rule and their own experience is really childish.
I'm done with this subject. It's become an adolescent game.
frank
te53' post='160252' date='Aug 14 2009, 03:07 AM']Airborne:
I apologize. I should have never included you with Wholesale. You made a casual remark that I just did not agree with and I do not consider you a problem.
Hadit Members:
To be clear what I consider a problem is Wholesale making wise ass remarks and giving bad advice to Members. I also consider some of the questions that he asks to be out of line.
I have tried to work with him but either he is dense and does not get it or he is one of the disruptor's we have endured under other SN's.
I am warning the Board that before you take anyone's advise on something as your claim or Social Security you had best keep in mind that it can affect you.
By the way a SSD trial work period can be an indication to the VA that you can work. If there is anything that is clear is if you can work in most cases it is preferable to being on disability.
My comment was not aimed at you Airborne I thought that I had separated it from Wholesale but not well enough
I also apologize to Hadit as I guess that my last three or four months have caught up to me and I am frustrated and angry. I know I hate it when my frustration in life and on this Board with one or two people who appear to me to be clueless has made me do some dumb things on this Board.
I especially apologize to TBird and the other Moderators. Also to the Members cause lack of sleep, depression, irritability and poor judgment may have had an adverse impact here.
Wholesale I hope that Tbird bounces you but I am not in the proper frame of mind to be fair. I suggest that if you want to stay here that you apologize and make a plan to be a better member.
My last comment on this issue is that many who are fighting there claim are here because it has been terribly hard and difficult and that encouragement and consideration can be as important as knowledge. If you read Hadit as a new member the stars do come out. We have some here who have unselfishly helped with good advice for many years. It does not mean that they are always right either.
I am not leaving or doing anything but I think I will stand down till I can talk to some of the people who I respect on Hadit and to Tbird.
I just cannot understand why there are always a few people who just like to xxxx with Veterans who are only trying to secure earned benefits.
August has always been a bad month for me
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http://www.socialsecurity.gov/disabilityre...etailedinfo.htm
<A name=TWP>Trial Work Period
SSDI -- The trial work period allows you to test your ability to work for at least 9 months. During your trial work period, you will receive your full disability benefit regardless of how much you earn as long as your work activity has been reported and you continue to have a disabling impairment. The 9 months does not need to be consecutive and your trial work period will last until you accumulate 9 months within a rolling 60-month period. Certain other rules apply.
Extended Period of Eligibility
SSDI -- If your disability benefits stop after successfully completing the trial work period because you worked at the substantial gainful activity (SGA) level, we can automatically reinstate your benefits without a new application for any months in which your earnings drop below the SGA level. This reinstatement period lasts for 36 consecutive months following the end of the trial work period. You must continue to have a disabling impairment in addition to having earnings below the SGA level for that month.
I been through ALL OF THIS. I started working, used up my trial period, and then about two years later left my job due to my mental illness. I then went down to SSD and they started my benefits back up AUTOMATICALLY. No exams, NADA......I'm coming from my own experience on this. This isn't a BLANKET STATEMENT unless you're saying the Social SEcurity website is a BLANKET website.
frank
wholesale,Of course he should get SSA benefits if he can't work, I don't think anyone would have any argument with that at all.
The "big deal" is your blanket statement's,
1) "aNDHE CAN WORK EVEN IF GETTING ssd. sPECIFICLLY, HE CAN WORK 9 MONTHS MAKING AS MUCH MONEY AS HE CAN WITHOUT OFFSET."
2) "It's not a risk, it's a regulation. It's called 9-month trial work period."
This is specifically stating that the disabled can go work for 9 months, get paid
$10,000 or more a month and not be taking a big damned risk.
If you would like to do so - I wish you the best of luck
BUT............
I do not want our member's led astray thinking this will not cause
them any grief down the road because it damned well will.
The 9 month's is a trial work program as you stated.
SSA implements an unwritten policy that if the 100% fully disabled person
becomes able enough to work for 9 continuous months -
if they have not incurred any additional disability, there WILL be a full audit
for re-evaluation purposes.
The program is in place to get us off their friggin payroll.
carlie
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I get VocRehab RIGHT NOW and I get SSD. Where did you get this info? Ok, I do agree Mental disorders aren't slam dunk and some are like loss of limbs etc but Vets do get IU all the time with mood disorder.
frank
He is not going to get vocrehab with ssdi... that is why i said it closes some options..and yeah there are slam dunks with TDIU, just not with mental disorders. you can go check the stats for yourself.. like I said my paranoid ranints.. Read the cfr for IU, it clearly states the slam dunks.
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What i'm saying is there is NOTHING wrong with him getting ssd if he can't work. What is the big deal with that?
Is this BAD advice? As far as 9-month trial work period i been through it so I know first hand it don't bring up RED FLAGS. In case you don't know what a 9-month trial work period is it is a regulation set up FOR THE BENEFIT OF SSD claimants if they want to return to work and to see if they can sustain work. What is so bad about this?
Don't understand all the gripe. If I give bad advice then quote the bad advice and if i'm in the wrong I have no problem admitting my mistake.
frank
I am very familiar with the trial work period, so is my sister-in-law Judy,as she has been employed at SSA almost long enough to retire.
This is one of their favorite red flags - just let your taxes start being
taken out of your paycheck on a regular basis, after awhile start looking
over your shoulder and smile for the camera.
jmho,
carlie
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I feel really really bad for you having to go through all this in your state of health. I really hope you get something, whether it be from SSD or VA, soon.
Just keep your sanity by keeping busy. I can imagine everyday feels like a rainy day. I like to play solitaire, watch old westerns, and play with my kitty, boo boo. Staying busy seems to help take my mind off things I can't control.
I'm praying for you.
frank
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I wish we could cook like that Carly but unfortunately the eggs are in VA's pan..
frank
Just like cookin' in the kitchen.This is a fairly standard VBA recipe ~ lol.
carlie
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It's not a risk, it's a regulation. It's called 9-month trial work period. Also, even if he gets SSD he can go back to work anytime he wants. It's his choice if he does go back to work. In the mean time, if he can't work, at least he's getting a monthly check.
frank
How many people would take this risk ?Not me.
jmho,
carlie
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I agree with that purple. I also believe the VA will use a high GAF against the Vet if they can but on the other hand won't use a low GAF for the vet's benefit. They look for any excuse to deny.
frank
The GAF may be "in" the decision....but it doesn't make the decision. One GAF score is a snapshot in time. Evidence from medical records makes the decision. -
Repeat after me: "GAF scores mean nothing"....
In addition to the applicable rating criteria, in evaluating
the Veteran's major depressive disorder, the Board has also
considered the Global Assessment of Functioning (GAF) scores
assigned, and the definition of those scores. There is no question
that the GAF score and the interpretations of the score are
important considerations in rating a psychiatric disability.
See, e.g., Richard v. Brown, 9 Vet. App. 266, 267 (1996);
Carpenter v. Brown, 8 Vet. App. 240 (1995).
frank
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They don't??? Here are some cases that GAF was in the decisions.
http://www.va.gov/vetapp09/files1/0905952.txt
http://www.va.gov/vetapp09/files1/0900877.txt
There are lot's more...Just do a search for GAF mood disorder and over 1000 cases come up.
frank
Repeat after me: "GAF scores mean nothing".... -
Seen weirder things but giving a GAF of 55 and then answering "yes" to total impairment doesn't coorelate but then again i've seen some crazy things with examiners.
frank
Hi all and thanks so much fro being here for us. Spent my time in the USAF 67-68 at the Dong Ha Marine Combat Base 6 miles from the DMZ.Just received a copy of my C&P for PTSD from Mar '09. It states - Axis 1: PTSD - Axis 5: GAF 55. On pg. 15 it asks: IS THERE TOTAL OCCUPATIONAL AND SOCIAL IMPAIRMENT DUE TO MENTAL DISORDER SIGNS AND SYMPTOMS ? ANS: yes.
Then the narrative below says:
"Veteran becomes hypervigilant and experiences flashbacks in the presence of people and is afraid of going out from fear of getting these symptoms he does not go out to socialise with people, stays home, gave up leisure activities, isolates himself and stays home mostly. He cannot experience loving feelings, cannot feel close to people, has been living alone for many years and isolates himself from others. His occupational and psychosocial status are impaired by his PTSD symptoms."
Also, any info in that opinion came from the VA Social Worker Counselor and the VA Psychiatrist that I have been seeing. I know this because the C&P exam lasted 10 minutes and the DR. really didn't want to hear anything saying " I have all the info I need here already." He was pointing to my C-File.
After talking with others, they tell me language was similar (Total Impairment) in the C&P Report they received and yet they got ratings as low as 30%.
My question is: Is it common to use that language (total impairment) and still come out with a lower rating than a vet deserves? And how can a Rater's opinion trump a Psychiatrist's opinion who has been seeing you for months, and if it does isn't it obvious that a higher authority will overrule the rater on appeal?
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I wish it was that way tiki but I hate to enlighten you. IT AIN'T. It's called "APPEAL" "APPEAL" "APPEAL"
FRANK
1) Rater's are the decision maker's.2) It is NEVER "obvious that a higher authority will overrule the rater on appeal".
jmho,
carlie
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If he ain't working what does filing for SSD matter? And, getting IU for mental disorders is very common. Obviously, I think he WOULD want to do all these things i.e. work at walmart, voc rehab...etc. but if you can't you can't. You're playing shrink with him and I would expect his own Psych would tell him this stuff.
aNDHE CAN WORK EVEN IF GETTING ssd. sPECIFICLLY, HE CAN WORK 9 MONTHS MAKING AS MUCH MONEY AS HE CAN WITHOUT OFFSET.
frank
I would not file for ssdi, you close options if you have ssdi..I don't think the pysch letter will get you IU.. my opinion.
Personally I think the VA has in in their minds that mental conditions can be treated and you will eventually improve. Or at least that is the policy of the VA and influences their rating decisions.
The way you should try for IU is through migrainines and vertigo. Get a neurologist to sign off and you got a slam dunk for IU.
The other thing you should do is try to get employment.. Whether it is with the census as a temp or Walmart.. try and get work.. even show up a few days. Who cares.. try and get past your problems. it will not hurt you,and will probably help.
Enroll in Vocrehab.. try and improve yourself.. Besides it pays well.
Build a case that you are trying.. as the VA wants you too.. It will not be held against you.
After you get Vocrehab, do classes for a few semesters..
Then go to your neurologist.. .say you are trying vocrehab and having issues.. say you are going to file for IU, but you need help from him/her.. ask if their medical opinion suppports it...
Then file for IU... If you are awarded IU you can always go back to work if you want, you can even do Vocrehab ( they actually encourage it, the vochrehab counslers don't ).
If you get ssdi.. you close the working door, and vocrehab.. and trying to get work to help your IU claim
my .02... keep in mind I am heavily medicated right now and just rambling....
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I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it.
recruit,
you're the ONLY one that needs to know you're IU or SSD, no one else. Even if someone ask you what you do for a living all you HONESTLY have to tell them is you're medically retired or just retired if the term "medically" problems you.
It was probably tough for most of us at first but just accept you have a condition that's not your fault. The longer you wait the more you lose as far as your EED.
frank
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Yep yep, john....medical evidence is the MOST important part of claim process whether it be an IMO or medical history. The VA has a tough time getting around medical evidence if it's there black and white.
frank
I like what Wholesale is saying about getting copies of what you submit. If you have some degenerating condition I would say to stay in treatment at the VA for the rest of your life. You can go to other doctors, but keep going for treatment to the VA. Everytime you are seen at the VAMC you add more documentation to your file to show the decline in your condition. The VA is good at one thing and that is producing paperwork for your file. You want a mountain of documentation and they will provide it. -
I'm confused on why the board would have even requested Extra-schedular consideration in the decision if you already met the percentage requirements. This doesn't make sense.
frank
I have attached a letter that I got my VA Psychologist to write to include with my NOD for denial of TDIU. I am rated 80% overall 50% for PTSD and the rest AO related. I have blacked out all identifying info, but it may be a good example to provide your doc to get him to write something on your behalf! -
I was taken off abilify for the very same reason. It was making me too sleepy during the day. frank
I was prescribed Abilify about two months ago at 5mg in the am. I started noticing that I was disassociating more and becoming extremely tired during the day (out of the blue). Since I have OSA and had started using a CPAP machine, at the same time as starting Abilify, I blamed the CPAP machine. But recently I had an ear operation, and I can not use the CPAP until the Aug. 21st. Well, the side-effects did not stop and I called my P-doc, who told me to halve the 5mg to 2.5 mg. And I have done so.I have less disassociation now, but the daytime sleepiness still occurs. Has anyone else experienced this?
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KNOWLEDGE IS POWER AND HADIT PROVIDES THE KNOWLEDGE. I was submitting some paperwork yesterday at my local VAMC and there was a vet in line asking all these questions like, "do I just turn this in and wait" "how long is the process?" I immediately told him go to "HADIT.COM"
All the older VA employees gave me a shrilling look as if i just stepped on their toes.
I felt like I was on verge of getting escorted out. I guess the hadit.com website is becoming popular. frank
I can only add what happened in my claim for service-connected. I applied with a nexus, evidence, and statements, and was denied. I was told to appeal, and during my appeal, I was asked to provide two other pieces of insignificant evidence (which I did so), and was approved for 10% service-connected.I know now that I was low-balled, but I did not know that then. Thanks to many HadIt members, I no longer worry about being low-balled.
When I was awarded an increase to 30%, I was low-balled, as well as when I was increased to 50%; however, I had learned about NOD by the end of my 1 year for the 50%, so I am now waiting for an appeal, as well as other conditions I have filed for.
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You're jumping to conclusions buddy. Why would they bill your S/C conditions if there already free?
frank
Yup, and I hate it. It'll allow the VA to bill medicare for my s/c care!! It really pisses me off!!!!!!!!!!pr
20 Years
in VA Disability Claims Research
Posted
Did you have a recent exam? If not they would schedule you an exam first before they would even consider reducing your rating.
frank