ptsd Help

[spike]

Ok everyone. I applied for I/U in March and was approved in April. I have the following disabilities listed in va. Lumbar and cervical limited motion and disease. PTSD 50% with MDD, bilaternal knee disablities. Scars, limited motion, chronic sinunitis. Anyways I made a claim for SSD with an Attorney to start with. I figure might as well start with an attorney hoping for better results from the start, maybe I can curb the idea of an ALJ. Anyways, went to my exam Monday at 2 at IMA. First I had vitals, then I had psych. All he did was ask me questions like ok see your documents here. Medications here. What year did PTSD start? 2000. What incidents? Vehicular Assault, and in less than 3 weeks witnessed a friend decap, found my roommate hung in rack and by the time i got to explain the suicidal witnessing of a guy jumping off 3 stories, and chronic nightmares, he stopped me. Asked relationship with friends, family. Strained I said. One word answers. I saw the regular doc for physical, and he evaluated me and put me in some unbelievable pain. The interview from start to finish with 2 doctors was about 30 minutes tops. The person who took my vitals started in February of this year. Graduated in December.

The doctor told me I would hear something from SSD in less than a month from today. "Give them until the 3rd week in Aug" if you dont hear from them, get a hold of them.

I have no idea what to think? I told them i no longer work due to disabilities and they indicated that on the documents. Not working? Why? Disabilities.

Think I am going to be granted or denied. Please advise. I'd like to hear the truth on this and an idea what to think. I am a duck out of water in this area of SSD right now. Your prompt reasons? Please indicate. ASAP. Thanks in advance.

[jbasser]

SSD state disability service does the first claim. They look at your info and make a determination after a MD has reviewed their decision. If you meet a listing level impairment or adult listing it should be Ok. But rermember the SSA denies 60 percent of all claims.

go to www.ssa.gov, search for impairments adult then look at your records to see if you meet it for your disabilities.

thye should send you a password to get into the ssa system to self check ont he claim.

If you have IU then the VA has decided you cannot work, However SSA does not have to follow VA.

Jbasser

[Guest jangrin]

Spike,

We were able to get a copy of the report from both the MD and the Psychologist who did the examination for the SSA, when my husband applied for SSA. Once the reports were recieved by the SS claim specialist, the evaluator handling my husbands application/case had a rehabilatation specialist look at the reports and make a determination as to whether or not my husband could perform any type of occupation. She said there was no type of work he could do.

The SSDI was granted about 6 to 8 weeks after the examinations were completed. I believe the doctors have 30 days to send in thier report.

The standard for SSDI is much more stringent than the VA's standard for TDIU. Mainly because the SSA expects 100% incapable of working, were the VA is much lower for the TDIU award.

It sounds like you were able to get the main points across to the doc's. I hope you are awarded, it will take that much more pressure off you financially. Every bit helps. Good Luck.

Jangrin

[spike]

Thank you.

When it comes to the VA, I've got things covered. For some reason, the SSD evaluation seems to be inadequate to me. Maybe thats what concerns me most. How can a Doctor or several doctors look at me with 15 questions max, where my treatments with the VA and USMC have taken over 8 years almost. The SSD doctors had absolutely no records or medical documents in front of them. Simply a form to write the answers to some generalized questions, and the form I orginally filled out for my attorney/rep.

It honestly felt like, if I would have anyones number call them up ask them 15 questions and determine yep your disabled and no you are not. No wonder why there are so many denials. I couldn't determine if I was disabled by some of the reasoning questions they ask, and I know me and my medical records. So how could they?

Really concerns me.

[Guest jangrin]

I understand. No one knows you better than you. The system is difficult to manuver through. I found with the SSA they are into "function". If you can do anything, like sit behind a desk and answer the phone your employable. I was able to meet a SSA hearing "judge". He told me there were the three areas that were the issues. Physical, mental and systemic. Meaning, can you (1)lift carry, walk, bend etc. (2) PTSD, Depression, bi-polar,etc.and then (3)disease processes like DMII, MS, cancer ,heart, etc. He basisly told me that a person would have to be disabled in two categories for him to award 100% disability.

I know he simplified this for me, but if this is true it is a tougher standard.

When we went to my husbands appointment the doctor spent more time looking at his back condition. The problem was that the back was not the reason for the disability.I think they get many clamaints with back/spine issues that say they can't work.

Did you ever wonder why they have a mandatory 5 month waiting period before your allowd to draw a payment from SSA. Since everyone always says to have at least six months living expense in the bank for emergencies.Well most people it takes a year or longer to get SSA. A lot of things happen when you have no income for 5 months or longer.

Anyway, the system is not great but it is what we have. You'll be fine it might take an appeal or two, but you'll be alright expecially with using an attorney.

Jangrin

Edited July 26, 2007 by jangrin

[Chuck75]

Evidently, the SSA process in your area is quite different than that in mine.

In Jan07, since I was turning 62, I went to the local (small) SSA office to file a SSA claim for both disability and early SSA pension. I had a copy of my recently filed VA disability claim with the accompanying documents. After answering some questions concerning the degree of disability I have, and furnishing information required on several forms, I was given a package to complete, the major part concerning release forms for my medical records from the VA and various physicians and medical facilities.

First, the early pension payments started on time. The disability was also approved and the first payment was received in July. I have appealed/ asked for reconsideration on the effective date of the disability, since I did not work due to the medical conditions I have in the entire year of 2006. There is a not to well known clause in the SSA regs that allow retro payment of up to one year prior to the claim submission. At this point, I receive the same payment from SSA that I would receive if I retired at the normal age of 66-1/2. The significant difference is that the money is not taxable. I did notice that a review was scheduled seven years in the future.

The evaluation was done solely based on medical records, and accomplished by a private physician under contract to the state government department that deals with disability, unemployment, and workers comp.

The reason I questioned the effectivity date was simply that that my medical records show that an earlier date is appropriate, and that the date originally set by SSA is obviously a date set solely to prevent payment of retro compensation.

The SSA process I experienced, although a typical govt. process designed to eliminate many claims, is a much fairer and responsive process than the VA's. I had to reluctantly file an NOD on the VA side, which will undoubtedly cause a lengthly delay.

At least the doctor doing the evaluation is a state licensed physician in private practice, not a VA or SSA in house "medical professional".

Thank you.

When it comes to the VA, I've got things covered. For some reason, the SSD evaluation seems to be inadequate to me. Maybe thats what concerns me most. How can a Doctor or several doctors look at me with 15 questions max, where my treatments with the VA and USMC have taken over 8 years almost. The SSD doctors had absolutely no records or medical documents in front of them. Simply a form to write the answers to some generalized questions, and the form I originally filled out for my attorney/rep.

It honestly felt like, if I would have anyones number call them up ask them 15 questions and determine yep your disabled and no you are not. No wonder why there are so many denials. I couldn't determine if I was disabled by some of the reasoning questions they ask, and I know me and my medical records. So how could they?

Really concerns me.

Edited July 26, 2007 by Chuck75

[LarryJ]

"The significant difference is that the money is not taxable."

How is that? I mean, I've been disabled and drawing my SSDI since 2002.

And, I've had to pay the IRS every year, on my SSDI "earnings".

Here is something else that I don't understand:

You pay your SSA "tax" along with your "payroll" tax for all the years that you have worked, right? The IRS ALWAYS gets their share, FIRST. And the SSA ALSO gets their "tax" on the same basis as the IRS.........from your initial earnings, before you even get around to paying any other "deductions".

Then, say 40 years later.....you have the "opportunity" to pay taxes (IRS) on the money that you were taxed upon 40 years ago.

I don't know for sure but that JIST AIN'T RIGHT from where I'm sittin.

but, then again, WTF do I know?