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

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    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

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Chuck75

Ssdi (again)

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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!

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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.

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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

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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.

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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!

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    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
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    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
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    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

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    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
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