ptsd 80% Tdiu, Turned Down By Ssdi, What To Do Now?

[10thFO]

Well, I was turned down this week by SSDI. Interesting decision letter, as they state the evidence they used in the decision as my medical records that I provided for them from the VA. Not quite sure how they came to their conclusions as I tried to make it easy on them. Had even provided copies of the letter and evidence from the Regional Office Vocational Rehab program turning me down for enrollment for education or work, because according to my VA doctors I was "unable to work".

So not only was I receiving the TDIU, I also had applied and been turned down from the Voc Rehab. Also had Functional Ability reports that were used in that decision by my Primary Care Dr., Psychiatrist, and my Vet Center MSW. All stated that I was unable to work because of my back conditions, pain medications, and Severe PTSD. Also stated that I was unable to handle any stress.

So the SS says that according to my reports that I am able to take care of myself, and since I was a manager in the past for a couple years, that they feel I can do this work again. How nice of them, last time I checked Managerial work could be quite stressful. LOL.

I understand that I can file for a "Request for Reconsideration", in doing this should I just point out the inconsistencies and the fact that they didn't even look at the evaluations that were done stating that I was ineligible for Vocation Rehabilitation, and that any stress would send me into a worsened state of depression? Do I need to hire a lawyer for this or should I do that after they turn me down on that?

Any help would be appreciated on this.

[Pete53]

I would see a SSD Lawyer if it was me. I bet that you will win in next round.

[Testvet]

you need an SSD lawyer at this point, and by the way it's not just you they do this to a lot of veterans with PTSD, and most have to get a lawyer and win at the Court level paying a lawyer 25% or a maximum of 5300 is better than keeping a 100% of nothing the SSD system is built around the attorney system if you don't outright meet the SSD books for criteria, for me SSD was automatic due to the severity of my heart disease I met the requirements on three different rules about heart disease but my wifes friend a civlian had to get a SSD lawyer for hers and she was approved 2 years later at the SS court, at least you have the VA benefits while you fight SSD so you are not broke my wife's friend drove us nuts for the 2 years power cut off phone etc and we of course was the last place to get the funds to pay her bills and she always called the day the money had to be paid lol the disability system is screwed up for everyone really civilian and VA

[JON]

I agree with Pete. I would Contact an attorney who specializes in Social Security cases. Also check the internet for such businesses as Allsup that are very successful in winning claims. Remember, you will have to pay a percentage of the award to the attorney or business if you win, but they take care of all the paper work etc for you. A lot less grief. I was advised I'd be turned down twice. I have been turned down once so far, but am waiting on second review. then the case goes to a judge, so I'm told. Take care of yourself and good luck. I was less stressed by turning it over to someone else. TDIU was stressful enough!!

[JON]

P.S. I heard or read that there may be a bill in congress to attach 100% and/or TDIU to social security, allowing social security to be automatically granted with VA 100% or TDIU. If anyone heard of this, please let me know.

[10thFO]

Thanks everyone, I will comply, my vet center has a lawyer that works with a lot of vets and has a near 100% rate with the Veterans their so I will try and meet with her this week. I don't need the stress. I do have the VA and that helps, but getting the SSDI will be a big sigh of relief. Thanks again for the advice.

[tdak]

JON,

You are right. There is a bill and I will start a new thread here and on the VA claims forum and post it for all to see. Let's hope it goes somewhere. It sounds good.

Regards,

Tamara

P.S. I heard or read that there may be a bill in congress to attach 100% and/or TDIU to social security, allowing social security to be automatically granted with VA 100% or TDIU. If anyone heard of this, please let me know.