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Individual Unemployability

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September

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I would like to ask a question and also would like as much information as I can get about IU, maybe some of you have some sites I could visit to obtain this info,

Now the question: On the form I filled out for IU there was a question that asked, "What was the date you became too disabled to work?" I would like to ask if you know why they ask this question, The reason I want to know is because the date I entered was over 2 years ago and I was curious if they pay retro back to that date or if they only pay back to the date I applied?

Thank You all for any information.

On a different note, I am SC 60% and was wondering if I could apply for Social Security Disability, I have DDD and have had two surgerys to fix the problem with little progress, and currently in the process of another possible surgery, I just figured I would ask before I waste my time, Please post your information even if it is just an opinion, Thank You again, Allen...

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I think allot of times SSDI denies first claims out of hand because most do not appeal. Age plays a part in this. If your a bit older and closer to retirement, (untrainable) I know many are approved almost immediatly on treating doctors statement. But if you are youngish, it is a fight and TDIU first would help. SSDI does not do percents so if they think you can push a pencil or stand at a register, then........But, the process can take up to three years or more and retro goes back to date of unemployability or one year of file date, so it may be worth applying because you will not be able to work anyway (otherwize, why IU) and you can build your case while appealing. That way you do not lose back pay. And you can refile SS claims if in 5 or ten years something changes.

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I think allot of times SSDI denies first claims out of hand because most do not appeal. Age plays a part in this. If your a bit older and closer to retirement, (untrainable) I know many are approved almost immediatly on treating doctors statement. But if you are youngish, it is a fight and TDIU first would help. SSDI does not do percents so if they think you can push a pencil or stand at a register, then........But, the process can take up to three years or more and retro goes back to date of unemployability or one year of file date, so it may be worth applying because you will not be able to work anyway (otherwize, why IU) and you can build your case while appealing. That way you do not lose back pay. And you can refile SS claims if in 5 or ten years something changes.

Think U may be on the ball there.

I read quite a bit of stuff on the NEt & a lot of it is Garbage but a lot is factual, I think. lol

OK... I read somewhere that appox. only 8% of the Veterans denied atthe RO ever file a NOD.

& I would surmise that is because they are either unaware they can ( I know they send the papers to appeal & how to do it but some get frustrated easy & see the denial & throw it in the trash.) or else they know of it but figure appealing is a wasted effort & would do no good.

My thought is that the RO's are aware of this & that is why they rubberstamp denied on just about every appeal.

It's to bad that one can't file a Civil Suit against the Rater who denys a claim & does it illegally

Such as being a Layman he &/or she denies a Medical Claim that has Medical Evidence to backit up & a Doctor's Opinion Letter to back that up.

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IF you are under 62 everyone has the right to apply for SSDI. You are 60 percent because of the DDD. If I were you, I would have a Doctor state that you are unable to seek gainful employment because of your back. You would need to submit all records to SSA. Also the SSA denies 60 percent of all claims, But yours may lie within the 40 percent that is not . ALso list all conditions you have. You may have some NSC conditions that may be helpful with SSA. You can apoply on line at WWW.SSA.GOV

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IF you are under 62 everyone has the right to apply for SSDI. You are 60 percent because of the DDD. If I were you, I would have a Doctor state that you are unable to seek gainful employment because of your back. You would need to submit all records to SSA. Also the SSA denies 60 percent of all claims, But yours may lie within the 40 percent that is not . ALso list all conditions you have. You may have some NSC conditions that may be helpful with SSA. You can apoply on line at WWW.SSA.GOV

When dealing with Social Security always get a lawyer if you are denied. They have no duty to assist you. They have very specific requirements as to not only the diagnosis but as to how the diagnosis was verified. When I went through the system DDD had to be verified by a combination of MRI and EMG. A physicians statement was not sufficient. Post surgical may qualify you for a limited time benefit. It may also qualify for permanent disability.

If having surgery I would apply just to cover your benefits. Appeal any denials with an attorney. I was denied for DDD and won on appeal with the assistance of an attorney. My brother was awarded SSD for DDD without ever being denied. He did not talk to an attorney. He did have all the MRi,s and EMG's.

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When the VA asks for the date in which you became unable to work, is just that. What was the last day you worked because of your disabilities. If you applied with SS for SSDI first, then you better give the same date to the VA. In most cases I have seen, usually when a Veteran applies for SSDI first and the disabilities are the same that prove TDIU. then they will use the SS date for EED.

Don't try to use different dates, since one or the other will be looking at these records at some time or another.

Jim S. :rolleyes:

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