Gotta Love The Ssa

[tdak]

hi all,

A follow up on my SSDI case. OK, filed for SSDI OCT.06, had state doctor exam about a month ago (April). I had called my claims rep/case worker, I forget the exact title of the person handling the case, in regards to m medical conition and because of the rarity, should I bring any additional information for them. He told me yes, bring what I thought might help the doctor examing me a better knowldge of my condition and to call him back in 2 weeks and he should have an answer for me on my claim. So I did, MRI copies, and surgical reports things like that. So I go, exam was a joke, the psych eval was twice as long as the general medical eval. So no biggie, now it's 2 weeks later, I call and call til the rep answers the phone, now he says to me, oh, I see here that you have an eye exam at a opthamologist, and they referred you to a neuro-opthamologist, did you go? Yes, I told him and that I had already given that information back in Oct with all my other doctors names. OH, he says, I do not have any of the medical records from his office, we will have to send out a medical release to him. I mentioned that I have a 2 page report that was sent to my original eye doctor from him in regards to the referral and the diagnosis, exam etc info and could I fax that to him and would it be acceptable instead of waiting for the doctor report. At this point another week or so isn't going to matter now, so he said go ahead and fax it to him. So I did that day. He also told me to call him and follow up in a week to 10 days. I called the SSA rep yesterday to make sure he had everything they needed to make a decision on my case,he said he was still waiting on the neuroopthamologist doctor's records and I said, wasn't that why I faxed you a copy of the letter from him 10 days ago, he was like, hold on let me check. He gets back on the phone and says, oh someone just had the fax listed as a coorespondence and not as medical information so it was never fowarded to the doctos here who make the decision on your case. He then told me he would send all that info diectly to the doctor who makes the final decision today and I would know by the end of the week. I was in awe, he asked me to fax it, so I did, then doesn't do anything with it, You just gotta love the SSA.

My advice to everyone waiting on the SSA for a decision in a claim, give the rep/claim person working on you case a call, just to make sure they have all the information they need to make a decision. I called the toll free # and they gave me the claims reps direct extension to call him. If I didn't call I would be waiting a few more weeks or even months because of the oversight on my eye specialist doctor to begin with.

Sorry it was so long winded, I tend to do that from time to time.

Regards,

Tamara

Edited May 22, 2007 by tdak

[Berta]

Tamara - you gave good info here-

another thing too- if the VA says they are going to request the SSA records-that could support a SC claim-

it pays to stay on top of that too-

I was shocked to learn that the VA had told 2 Senators from my state (when we asked for intervention in this matter) that although they (VA) had requested Rod's SSA records many times, the SSA refused to acknowledge the request.

A call I made to SSA main offices in Baltimore- (I was determined to stay on the line until someone helped me)

produced the astonishing fact that the VA had NEVER requested these SSA records at all.

I sent my Senators letters with this info and that SSA had taken steps to get the records to the VA.

When they got them they listed them as evidence (SSA solely for PTSD) but then never used them in the award decision. Rod had two SSA awards-one for a Sec 1151 stroke and then upon SSA reconsideration we filed- the PTSD award letter. The retro date for the PTSD was further back than the stroke.

I could see if the VA was confused about the two different SSA awards but that wasnt the case- after they got the records- they failed to even read them.

It seems his 100% SC VA PTSD award was based solely on what tests and report write ups the real PTSD shrink had done at the local VAMC.That was due to congressional intervention too- getting Rod the real PTSD shrink-it was like years of being in a battle or skirmish with either the VAMC or the VARO month after month.

His SSA awards took mere months-the PTSD 100% SC award took 5 or 6 years.He never saw it.

Edited May 22, 2007 by Berta

[Pete53]

AT least you can talk to the person ho is working the claim at Social Security and my experienc as they were very helpful to me.

I am glad that you caught the problem.

Good Luck

[john999]

You gotta wonder why it takes the VA years to complete a claim and the SSA can do it in three months. Some say it is because a vet has to get off the merry-go-round before another can get on it. No doubt the VA has developed ways to discourage vets from winning claims. No system could be that hostile and adversarial by accident.

[robert51]

As for the SSA ha ha ... i was granted sept of 2006 and in oct of 2006 put in a change of address, again in Dec. of 2006, again in jan 2007 and again in March of 2007 and again in april 2007 and still they have not done my direct deposit or change of address as of may 2007 . They sent my check to an apartment i rented in 2004 when i filed even though i have many many change of address forms filled out and sent in...

[tdak]

Follow up: Just got a call this afternoon from my case worker from the SSA, after all that, he asked me if I had another doctor appointment coming up. I told him yes for my yearly visit to the eye doctor, But I have to wait to hear from my Neurologist to see if they want me to go to the neuro-opth. or just the regular eye doctor. He was like, ok, I have to foward this to the doctor working on your case then if we need any further information I will let you know. I then asked him about when he would have an answer, he was like, oh the doctor left for the day and I will discuss this with him on Tuesday, so I am very close now...yipee, maybe...lol

Berta: It's amazing what hoops we have to jump through to get our files/claims done. It was sad to hear that Rod never saw the end result of getting 100% PTSD. I can't believe that the VA lied about requesting the files from the SSA and that whole issue and then never even using them. Well actually I can believe it, but you would think it would be the other way around.

Pete: Yes, I am glad I caught the problem early too, I could have ended up waiting months to only find out they needed more info.

John999: Don't wonder too hard it may make your head hurt...lol I figure it's because the SSA usually denies you the first time right off the bat, so maybe they look at your claim, say awe, you are sick, ok go back to work now we're denying you. Most people do not get SSDI because they almost never appeal the initial denial. As for the VA..........hmmmmm...like I said don't think about it too hard, it's the government...remember they tax us on tax, tax us on food only to have to crap it out then tax us on the crap along with water, land, home, sewage and many more. Catch 22 or double edged sword?

Robert51: Did you change you address in person or via the mail etc. I would go there in person and tell them what is happening and see if they can fix it while you are there.

Enjoy your day,

Tamara

[free_spirit_etc]

This is one of the reasons I think failure of duty to assist should be included in a CUE. I can see, in ways. why they don't want to consider duty to assist a CUE - because every case would always be open to SOMETHING they didn't do. And I can see they want to avoid that. But such BOLD FAILURE of duty to assist SHOULD be considered a CUE.

Actually I was reading a couple court decisions that indicated that though failure of duty to assist could not be considered a CUE, in an of itself - but there are circumstances - such as this one -- where it could be considered such.

It is not just a "they didn't notice blah, blah, blah and look for balh blah blah.

This is an "I told them about the records, the records proved such and such, they did not get the records, they did not request the records, they did not tell me they didn't have the records, and they lied about it all.

I think sometimes such a BOLD DISREGARD of duty to assist CAN raise to the level of CUE -- but the BVA wouldn't approve it - it would have to reach the court level

Free

another thing too- if the VA says they are going to request the SSA records-that could support a SC claim-

it pays to stay on top of that too-

I was shocked to learn that the VA had told 2 Senators from my state (when we asked for intervention in this matter) that although they (VA) had requested Rod's SSA records many times, the SSA refused to acknowledge the request.

A call I made to SSA main offices in Baltimore- (I was determined to stay on the line until someone helped me)

produced the astonishing fact that the VA had NEVER requested these SSA records at all.

I sent my Senators letters with this info and that SSA had taken steps to get the records to the VA.