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.

[JON]

Tamara, I have a SSI claim pending. If you continue your notice of disagreement or appeal to SSI, would that not mean that if passed the law would apply to all pending SSI claims as I read it in the last paragraph of the bill? Maybe that would assist us both.

[tdak]

Jon,

Thats what I read too. Now as it reads "filed or pending". I wonder if they will do anything if you already filed and were denied, appealed and denied again. We will have to wait and see. I do not know exactly how long it will take to become a law if it ever does, but let's just hope that it does.

Tamara

[JON]

Tamara,

It sure seems that since congress is waving the flag to support veterans and passing veterans measures quickly, it would come to pass that this bill will fly. I am going to keep my claim "pending" for as long as possible. Hopefully, if you appeal (and of course it will take months or years) that will also place you in a "pending" status. Let's hope they don't remove the "pending" part after thinking about how many claims are pending. Good luck, please keep us updated.

[tdak]

Jon,

Well "if" it does become a law, that is a BIG "if" and vets get turned down for SSDI, then like it states in the denial letter, file a new claim, if you have exhausted all other avenues (appeals), but just make your effective date of your disability the date they gave you total disability from the VA. That way the effective dates would be the same. At least, that is what I would do. NOW, this is all hypothetical, because it could take months for this bill to pass in congress. Let's just hope for the best.

Tamara

[recruiterrick]

boy wouldn't that be wonderful. i am a crdp recipient and the president was not expected to sign that bill either. being 100%, i get all my retirement (minus child support- crap!!!)

plus this new bill has to go the senate- right?

[tdak]

recruit,

Yes all bills have to go through the senate. Right now it is in one of the the House of Committees, the Ways and Means, because it has to do with the SSA. This could take a while there. They have to put it on the calendar then it goes from there. I am watching it. If anyone wants to watch it, here is a place to check ot out. http://www.govtrack.us/congress/bill.xpd?bill=h110-2943 . This is the bill status page. You can also look up other bills too if interested.

like the NY lottery motto: "Hey!, ya never know!"

Tamara