ptsd Just Applied For Ss Disability Benefits.

[luv2fly]

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

[Jay Johnson]

"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.

[Johnny60]

"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".

[Jay Johnson]

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 December 5, 2005 by Jay Johnson

[SEJones]

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

[Johnny60]

"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.

[Jay Johnson]

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.