Not Working

[jmack]

I am 100% p/t and still working. can i apply now or do i have to quit working?

I have multiple s/c disabilities will that help with a speedy award or denial.

[Ricky]

If you hope to obtain SSDI then you must quit work. A claim filed while working will result in a denial based upon not meeting the basic requirements of SSDI.

[MarineDog]

I have hired Binder & Binder to represent my case, so I’m not aware of all of the basic laws/requirements; however, I am aware that by SSDI's own law/requirements for an approval to be granted, a person has to be unable to work or can't work. They use the "ticket-taker" test for cases whereby, they ascertain if you could just sit down and collect tickets, then you are able to seek employment and you would be denied for SSDI. I have heard of other tests they use and they all are just like the ticket-taker test, placing your percentage of approval rather low. This is but one of many "levels" you must go through for your claim to be approved by SSDI.

You could be 100%, P&T, TDIU with the VA and still be denied by SSDI because the VA has different "tests" they go through to determine eligibility. I was not working for a year and a half prior to my applying for additional VA benefits (I did have some existing awards). From time of application to award was one and a half years. If you provide the VA with evidence from both VA and private Doctors having the same opinion concerning your condition(s), your chance of approval is higher.

My SSDI case is at the adj (sp) level, meaning the judge is currently looking at my case. He will either approve, send me for additional medical exams or deny my claim. From time of application to now is four years. I have so much medical evidence concerning the very regulation for my claim to be approved, I can’t imagine being turned down.

Hoped this helped....

Edited June 8, 2007 by MarineDog

[jmack]

I am 100% p/t and still working. can i apply now or do i have to quit working?

I have multiple s/c disabilities will that help with a speedy award or denial.

[MarineDog]

I am not an expert, but I think that if you can work, then you can work. If you are currently unemployed due to your service-connected conditions, even secondary to service-connected conditions, then it will be easier to be approved for IU. I got a letter from my last boss stating that they moved me from one job to another in order to help me with my disabilities. None of these worked and they had no option but to let me go.

I think what you are asking is if you able to work today, tomorrow you are awarded IU and you can’t work? You can either work or not. That doesn’t make since to me, but I said I am no expert.

[calnight]

You will be denied if you are still working. I dont know your situation but if you are getting 100% from the va and still are working consider yourself lucky. Now if you can no longer work becuase of your sc then you must quite working before you file for ssd. Being 100% from the va will greatly help your ssd case but you must not be working. I recieved my ssd the first time around and I am only 34 and it was for ptsd. So age really has no bering as long as you have the proper MEDICAL EVIDENCE. At the time I recieved my ssd I was only 50% for ptsd with appeal pending. About 1 month later I got my 70% and iu. I did have to see a ssd shrink. But I found that the ssd was easier than the va. But every case is differnt. Also some states are harder to get approved the first time around. Since social sec contracts out to the states. I had very strong medical evidence to support my claims. And with the help from hadit I built my case so there was no holes. I feel the best medical evidence you can obtain is that you doctor to state YOU CAN NO LONGER PERFORM ANY TYPE OF WORK BECUASE OF YOUR SC. This will be the most important document you can get your hands on. Then start building your case around this statement. And the more doctors who will say you can no longer work the better. If you do it right the first time you should not be denied. But of course theres never a sure thing. I hope this helps.

[jmack]

You will be denied if you are still working. I dont know your situation but if you are getting 100% from the va and still are working consider yourself lucky. Now if you can no longer work becuase of your sc then you must quite working before you file for ssd. Being 100% from the va will greatly help your ssd case but you must not be working. I recieved my ssd the first time around and I am only 34 and it was for ptsd. So age really has no bering as long as you have the proper MEDICAL EVIDENCE. At the time I recieved my ssd I was only 50% for ptsd with appeal pending. About 1 month later I got my 70% and iu. I did have to see a ssd shrink. But I found that the ssd was easier than the va. But every case is differnt. Also some states are harder to get approved the first time around. Since social sec contracts out to the states. I had very strong medical evidence to support my claims. And with the help from hadit I built my case so there was no holes. I feel the best medical evidence you can obtain is that you doctor to state YOU CAN NO LONGER PERFORM ANY TYPE OF WORK BECUASE OF YOUR SC. This will be the most important document you can get your hands on. Then start building your case around this statement. And the more doctors who will say you can no longer work the better. If you do it right the first time you should not be denied. But of course theres never a sure thing. I hope this helps.

Thanks that was very helpful info, and congrats on your award. But can you apply in a state other than your home state (ssdi)? Any help?