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Just Applied For Ss Disability Benefits.


luv2fly

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Hi......i was very recently awarded 100% P/T for PTSD so yesterday (Nov. 21st) i went to my local SS office and applied in person for benefits.You CAN apply online but eventually you'll need to see someone with a heart-beat anyway coz SS wants to see an original or certified copy of your birth certificate so i figured what the heck i'll just go and get it over with.The SS person you deal with makes up a file for you so bring any relevant/pertinent information you wish SS doctors to see in your SS file even before they contact VA and your doctors.They'll make copies of things you wish to submit but it's a faster process if you have your own copies in-hand as i did upon arrival at SS.They ask detailed questions like "what are the side-effects" of each of the meds you take and not just which meds you take so be prepared for that.The gal at SS that took my info and made up my file was kinda crafty sorta like trying to catch me in some sort of lie or deception by asking me if VA had offered me any sort of vocational rehab even tho i'd already told her twice in less than 5 minutes i was VA rated P/T, but i kept patience thru it all and got finished in about an hour with all the questions she threw at me.I also signed 5 release forms for VA and doctors to give SS my personal records.

Afterwards i was told by the same gal that SS takes between 4 and 5 months to render a decision and and that SS does NOT pay me for the first 6 months of disability so no retroactive $$ there.Good luck to all and have a Happy Thanksgiving!! David

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  • HadIt.com Elder

David you may have some retro active bucks cause they don't pay for 5 months from the time you last worked and will go back up to a year at the first level.

Good Luck on your claim. After 2 years you get Medicare from the date of disability.

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Hi Pete......thanks for the reply and Happy Thanksgiving to you,your family,and friends!

SS told me they don't pay the first six (6) months from my last day of work which was 26 October which means my first SS disability payment would arrive on 1 May '06.Again,this is what SS told me plus it would take 4 to 5 months for a decision,but its usually 4 months.Pete,it's my understanding that 65 or 70 per cent

of initial claims are rejected by SS,but i sure gave 'em lots of psych reports,etc,so now it's a waiting game as per usual.Good luck! David

David you may have some retro active bucks cause they don't pay for 5 months from the time you last worked and will go back up to a year at the first level.

Good Luck on your claim. After 2 years you get Medicare from the date of disability.

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  • HadIt.com Elder

Keep your fingers crossed cuase the exception to this is when you have plenty of records that demonstrate your claim and just getting your VA Claim approved really helps.

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Keep your fingers crossed cuase the exception to this is when you have plenty of records that demonstrate your claim and just getting your VA Claim approved really helps.

dont expect to get approved so quick i have the same thing and applied June 2004 and still waiting for court date

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Hello fellow vets!

Unfortunately, I am 100% rated since 2001. Only recently I found out I am eligible for SS disability. I've been reading all of the posts pertaining to this matter, and please forgive me for asking again.

1- Do I qualify for SS disability? I worked into it, and have become unable to work since I applied for VA comp.

2- Will my VA monthly be deducted in the amount of the SS check, if I qualified ?

3- I know I cannot workfor earned income. But, can I invest in the stock market? And will this affect my VA comp when I file unearned income from profits in the stock market?

All comments will be appreciated. Thanks.

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  • HadIt.com Elder

SSD and VA Disability do not offset each other. Many on Hadit get both. You might consider finding a lawyer cause only an Administrative Judge can backpay more than a year. Good Luck

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Thanks for your reply Pete53.

Would you have any information on the following:

Question: A 100% P/T veteran cannot work, or as ruled by VA, receive 'earned income'. But can a vet invest in the stock market? If I set aside a small portion of my monthly, to buy penny stocks to offset inflation, am I breaking the VA rules & regulations? Is there a limit on this investing?

In my opinion, it can't be different than keeping a savings account drawing interest. But, I don't know how the VA feels about this.

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  • HadIt.com Elder

You can invest if you have money to do it. The VA is talking about actual work for hire same as Social Security for SSD. Hope this helps.

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There is a statute dealing with this in title 38 I believe, but, in general, stocks are not considered "earned income". I make a decent amount of money from stocks and it goes under "capital gains" on my tax forms. Don't take this as a guarantee though, as my wife is the veteran, so I haven't had to look into the issue from a VA standpoint.

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"There is a statute dealing with this in title 38 I believe, but, in general, stocks are not considered "earned income". I make a decent amount of money from stocks and it goes under "capital gains" on my tax forms. Don't take this as a guarantee though, as my wife is the veteran, so I haven't had to look into the issue from a VA standpoint."

If you know of the statute in 38CFR I'd appreciate it. In your case, it sounds like you are the one filing 'capital gains' tax as opposed to your wife. Big difference.

Thanks.

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Johnny

Earned income is WAGES. You can have investment income and rental income. Your spouse can also have earned income. You can in most cases even drawn from a disability pension.

SE

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"Earned income is WAGES. You can have investment income and rental income. Your spouse can also have earned income. You can in most cases even drawn from a disability pension."

SE

Thanks SEJones. I've been sweating bullets. I purchased some scrawny nickel and dime gold mining stocks back in 2003, and since gold has topped $500/ounce, this baby looks like it's going to the moon. I'd hate like hell to see it worth so much, and not be able to redeem the shares in a couple of years. PHEW!

I owe you one.

Johnny

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"There is a statute dealing with this in title 38 I believe, but, in general, stocks are not considered "earned income". I make a decent amount of money from stocks and it goes under "capital gains" on my tax forms. Don't take this as a guarantee though, as my wife is the veteran, so I haven't had to look into the issue from a VA standpoint."

If you know of the statute in 38CFR I'd appreciate it. In your case, it sounds like you are the one filing 'capital gains' tax as opposed to your wife. Big difference.

Thanks.

There isn't a specific regulation that deals with the exact types of income one can earn for TDIU with SC...there are many references for pension cases, but the compensation regulations are very vague. Honestly, it's more complicated then what some on here have mentioned. It isn't as simple as just "earned wages" as there are provisions in m21-1 that state that ",substantially gainful employment is defined as that which is ordinarily followed by the nondisabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides." In other words, if you can make money above the poverty threshold on a yearly basis from investments (just as an investor would) then the VA, in theory, could revoke your TDIU (would be real difficult in my opinion though). Basically, if you earn less then the poverty threshold for a single person, then I wouldn't even worry about it, nor would I worry about any one-time large net sales of stocks; however, I might be concerned if you were "day trading" and earning a steady income well above the poverty threshold.

P.S. - It is REAL easy to get around any of these situations if you are married. Your wife can earn a billion dollars a year and it won't impact your compensation, so you can simply invest under her name and/or claim the capital gains as "her" income.

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"There isn't a specific regulation that deals with the exact types of income one can earn for TDIU with SC...there are many references for pension cases, but the compensation regulations are very vague. Honestly, it's more complicated then what some on here have mentioned. It isn't as simple as just "earned wages" as there are provisions in m21-1 that state that ",substantially gainful employment is defined as that which is ordinarily followed by the nondisabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides." In other words, if you can make money above the poverty threshold on a yearly basis from investments (just as an investor would) then the VA, in theory, could revoke your TDIU (would be real difficult in my opinion though). Basically, if you earn less then the poverty threshold for a single person, then I wouldn't even worry about it, nor would I worry about any one-time large net sales of stocks; however, I might be concerned if you were "day trading" and earning a steady income well above the poverty threshold.

P.S. - It is REAL easy to get around any of these situations if you are married. Your wife can earn a billion dollars a year and it won't impact your compensation, so you can simply invest under her name and/or claim the capital gains as "her" income."

****************************************************************************

Your reply is about as informative as I could've expected. Your findings are my findings, almost to the paragraph. And this is the dillemma I am faced with.; a grey area in the matter of interpretation with no exact definition, and left up to the VA officers mood/attitude of the day. I shall tread carefully though, and heed your warnings.

In appreciation for your kind efforts, I'll leave you with a stock tip. Look into TRE (Tan Range Exploration) trading AMEX. It's high was $3.74 last week, but ready to correct from $3.34 to $2.89 - $3.00, but with an upside potential of $4 - $5 in the next week or two, and $24 - $250 in the next decade. Keep me posted. "Hop on this TREin ride, to the moon".

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Your reply is about as informative as I could've expected. Your findings are my findings, almost to the paragraph. And this is the dillemma I am faced with.; a grey area in the matter of interpretation with no exact definition, and left up to the VA officers mood/attitude of the day. I shall tread carefully though, and heed your warnings.

In appreciation for your kind efforts, I'll leave you with a stock tip. Look into TRE (Tan Range Exploration) trading AMEX. It's high was $3.74 last week, but ready to correct from $3.34 to $2.89 - $3.00, but with an upside potential of $4 - $5 in the next week or two, and $24 - $250 in the next decade. Keep me posted. "Hop on this TREin ride, to the moon".

Thanks for the tip...I'll definitely do some research on it:-) At the moment, I have most of my money tied up in CREE. I'm in at around $21 and it's currently trading between 25 and 28. I hoping to sell around $35 in the next few months, but may settle on $30 if it doesn't move quickly (have a few others I'm invested in and expect to go up and want as much money in them as I can). CREE is a great stock for short term sells as it fluctuates heavily between $20 and $40+. I also have my eye on JDSU.....it's had a lot of recent trouble in the last few years and is currently trading around $2.50, but was once at $240+. I have some money in the company at $1.65 and have already double my money a few times in the company, but may consider a longer term position as I feel it could have a significant rebound in the near future (though I would like it to dip below $2 again before investing more money to be safe).

P.S. - SIRIUS is also a stock I am watching. It's competitor, XM, trades at around $30 I believe and sirius has been trading between $5 and $7 for about a year. Sirius has a lot of room for growth in a relatively new market and is pumping a TON of money into sales and advertisement to be the biggest player.

Edited by Jay Johnson
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Jay

I think that is the entire issue. Investment income is not "Earned" There is not an asset test for VA Comp or SSDI. There is an asset test for SSI and VA Pensions. I have had this isuue gone over extensively with my tax attorney and my disability attorneys. The way both of these programs check to see if you have earned income is through social secuity tax reporting. Or in my case of a private employer they follow you with a video camera to see if you are out working. To be a real estate investor or day trader you have to activey engaged in these activities and running it like a business. Having a real estate porfollio or investement portfollio doesn't rise to that standard.

SE

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"Or in my case of a private employer they follow you with a video camera to see if you are out working. "

Are you for real? Please elaborate on the circumstances pertaining to a hidden video cam.

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Jay

I think that is the entire issue. Investment income is not "Earned" There is not an asset test for VA Comp or SSDI. There is an asset test for SSI and VA Pensions. I have had this isuue gone over extensively with my tax attorney and my disability attorneys. The way both of these programs check to see if you have earned income is through social secuity tax reporting. Or in my case of a private employer they follow you with a video camera to see if you are out working. To be a real estate investor or day trader you have to activey engaged in these activities and running it like a business. Having a real estate porfollio or investement portfollio doesn't rise to that standard.

SE

To a degree....I would be willing to bet that if the VA got wind of an "investor" making 50K/yr+ in consecutive years, that they would at least attempt to remove TDIU at the RO level. I do agree, however, that one is fairly safe with typical investing for retirement purposes, but I'm sure there's a limit and the regulations seems to encompass any income and not just wages.

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Johnny

Yes a private employer can place you under serveilance. Unfortunately it is perfectly legal to video tape you as long as they are not on your property. It hasn't been a problem for me bacause they just keep seeing me going to the doctor. But they will try to catch the fakes that say they cannot work to collect benefits. These tapes show up in court all the time. Guys with "back injuries" out playing golf or working under the table to avoid being tracked by social security.

Jay

Has the VA asked you to report income after being accepted? I was the first time but not after that. Is there a reg that says they can just ask for your tax returns either directly or through tht IRS?

SE

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Jay

Has the VA asked you to report income after being accepted? I was the first time but not after that. Is there a reg that says they can just ask for your tax returns either directly or through tht IRS?

SE

My wife is the veteran, so it's not really relevant to me, but I wouldn't worry too much about it to be honest. I don't know of any regulation where the VA will order you to give your tax records and/or prove your financial situation. What I'm saying is more of a cautionary tale to protect yourself in that "just in case" situation. The VA CAN order field examinations to determine income and just about anything else they want to find (there's even a provision for field examinations in M21-1 to determine a veteran's role in a family owned company).

Again, if you make less then the poverty line then it's a non-issue....if you make over that line then it may be in your best interest to put the investments in your spouse's name or another close family member "just in case".

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