Ssdi (again)

[Chuck75]

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?

[Berta]

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!

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.

[Pete53]

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

[john999]

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.

[Chuck75]

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?

[Pete53]

Chuck:

Good for you.