Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sign in to follow this  
Chuck75

Ssdi (again)

Recommended Posts

First quibble. Medical records show disabling medical conditions for more than a year before "qualifying date" used to start the 6 month period before disability payments begin.

From the qualifying date, the blood clots/obstructions (bi lateral) in my legs were likely used, instead of earlier heart EF data.

Quibble 2 The overall average of my ss payments seems to have been used instead of the highest of the last five years in calculating the benefit. I suppose my W-2 stubs might be needed for this one.

I filed a letter request for information with the local SSA office requesting the details of the decision and cited the FOIA act as well as the Privacy act. SSA is taking this as a request for reconsideration??

To submit any useful additional info, it really helps if you know what they do and don't have, or ignored. And, I need to be aware of the 60 day rule. (Actually turnes out to be 50 days, since the date received was 10 days after the date on the letter.) (Try proving the date received)

So far, it seems that they have medical recods that would support an earlier date. (Based upon one of my doctors answering a SSA records request in Feb 07.)

It's really fun to take on the VA and SSA at the same time! NOT!

Comments?

Share this post


Link to post
Share on other sites

Go for it- they ended up giving my husband $18,000 more and a better EED.

A SSA lawyer said we didnt have a chance to win the reconsideration.

HA! :angry:

After I called him to tell him how much money he lost he did say he would certainly begin to consider PTSD vets in a new light as to SSA potential.

Share this post


Link to post
Share on other sites

Chuck:

The people who administer SSD are limited how far they can go back. You have to Appeal and see an Administrative Judge to get the correct effective date.

I think that you can request them to tell you how the calculated your payment. If you Appeal you can ask your lawyer if you use one to look into that issue.

Good Luck

Share this post


Link to post
Share on other sites

Chuck

I got SSDI in about three months from the time I applied. It took years for the VA and I had to fight them every step of the way. If you get one you should be able to get the other. They say SSDI is harder to get, but they were great compared to the VA. Of course the VA pays a lot more than SSDI but medicare is a big plus after two years. There are many, many people out there who live on their SSDI. How does an adult live on, let's say, $1200 dollars a month? CEO's make hundreds of millions a year, and the people who actually do the work for the company and get disabled live on $12,000 a year.

Share this post


Link to post
Share on other sites

Success, at least partial!

Got a call today from the local SSA office. I had "appealed" the effective date that they had originally assigned. I made it clear in the letter of appeal that I was appealing only the effective date. The call was from the SSA person that has been handling the claim since I originally filed it. The end result--

Retro pay is due. The effect date of disability is changed back one year or so. They sort of met me half way, in that I contend that the disability began at the end of my last employment, and they set a date that starts ~ six months after that, and then added the usual 6 months. I can't argue this with a 100% chance of success, since medical information (tests, etc.) always follow the actual condition. It seems that SSA likes to use dates of tests as to when a medical condition is present, and disregards the period where symptoms are present, and the cause is eventually confirmed by later tests.

In any event this ups the monthly payment by $35, and adds one year of retro or so.

Both times, the claim went thru the "Q&A" process.

The fact that I had reached 62 when I originally filed helped rather than hurt, in that SSA was going to have to pay me anyway, regardless of the exact amount.

First quibble. Medical records show disabling medical conditions for more than a year before "qualifying date" used to start the 6 month period before disability payments begin.

From the qualifying date, the blood clots/obstructions (bi lateral) in my legs were likely used, instead of earlier heart EF data.

Quibble 2 The overall average of my ss payments seems to have been used instead of the highest of the last five years in calculating the benefit. I suppose my W-2 stubs might be needed for this one.

I filed a letter request for information with the local SSA office requesting the details of the decision and cited the FOIA act as well as the Privacy act. SSA is taking this as a request for reconsideration??

To submit any useful additional info, it really helps if you know what they do and don't have, or ignored. And, I need to be aware of the 60 day rule. (Actually turnes out to be 50 days, since the date received was 10 days after the date on the letter.) (Try proving the date received)

So far, it seems that they have medical recods that would support an earlier date. (Based upon one of my doctors answering a SSA records request in Feb 07.)

It's really fun to take on the VA and SSA at the same time! NOT!

Comments?

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

  • Ads

  • Our picks

    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
      • 5 replies
    • Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

      doc00580220191213082945.pdf
      • 7 replies
    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines