Can You Still File?

[Lady Chance]

Please if someone could help us with this We would be very greatful. My brother had to stop working in Janaury of 2001 did not file until Feb 2005 because he was told he was getting an income from VA and could not get SSDI too. His Disablities have gotten worst. He worked up until 2001 and filed 2005. He was last insured on Dec 2003. Does this hurt him or can he file back to 2001? VA was trying to rehab him and it did not work during 2002. They just msde him PT 100 in June.

Thanks and Happy Hollidays

Lady C

[Testvet]

no but if he appeals their denial he shoud get pauid back to 2005 if he filed then and was denied and the medical evidence supports the total disability in 2005 any SSD attorney should be able to win it even blind ones Binder and Binder will file a claim for anyone for anything it's a game of percentages

[Philip Rogers]

Yes! He needs to appeal and have an ALJ hearing. The ALJ can rule that he became disabled back in 2001, establishing an earlier date and therefore making him eligible. He'll probably need an Atty. I suggest contacting <www.nosscr.org> for a rep in his area. He needs a rep who specializes in SSDI law.

pr

Edited December 20, 2007 by Philip Rogers

[Chuck75]

It's my understanding (right or wrong) that SSDI and VA comp are/can be payable. VA pension may not be if SSDI exceeds a value related to a number calculated by the government. There are some really obscure and complex IRS regs that allow some sort of averaging when a lump sum SSDI payment is involved. The averaging scheme has an effect on how taxable the SSDI lump sum payment may be. Another issue is that an SSDI payment for 100% disability can make you eligible for Medicare at an earlier age than you would normally be. Part of the confusion has to do with the lump sum payment that basically says that you were disabled some time before SSA decided your case. This then gets involved with medical insurance that you carry until Medicare kicks in.

Lady,

Please re-state your question so we can understand what you are asking.

Also:

Yes, A vet can collect VA Compensation and SSDI at the same time, but due to income

in many cases would have problems collecting VA compensation and SSI due to income

guides.

carlie

Edited December 20, 2007 by Chuck75

[Ricky]

Bottom line is he can draw SSDI and VA comp. Present your case to an attorney and see what they say. Most will give you a couple of hours to discuss your case and will let you know up front what they think they can get (back pay, effective date etc...)

Looks like from your post he is elgible back to 2005 if he has not missed any of the timelines for appeals. If he wins back to 2005 he has met the waiting requirement for medicare I believe.

Edited December 21, 2007 by Ricky

[jbasser]

Ricky is right. Swveral at Hadit draw both including me.

Having just won my SSD claim at the ALJ level,i can tell you the Judge will look at the date you became disabled. Then they will subtract the 5 month waiting period. Medicare clock starts ticking the same time as the pay date. I was fortunate, I was awarded in November and Medicare starts Next Week.

[steve&pat]

Hi- Like in my case -We went ahead and filed Social Security Disability when I was around 40% VA COMP- I used a Legal Aid lawyer at the hearing after being rejected 2 times.But the wifes uncle had been thru this ... So we went ahead and paid for a vocational assesment -and got a Mental Evaluation thru the county (these 2 items are required for social security at the court date)- and got the copies of social security doctors evaluation (they pick and choice just like the VA-- so you have to watch that and point those facts out too). Legal Aid is free, so sometimes they don't know everything they need (they are young and learning), so ask someone who won Social Security Disability, what you all need for your disability case (it will be a learning experience for both). We used our VA doctor records too for the SSD claim.

Our judge (hearing administrator) awarded it, but was upset that it had to take so long and our case so drawn out-- he said that social security should of been fined for it. If you qualify for food stamps-- the county should be willing to pay for you to get the tests you need to prove your disabilities, or help you get some of them reduced. The county sees it as a future savings (if you win your case-- you won't be coming to them for help)!

So my point is to start with the social security disability before your completely 100% VA. This way it is also it is harder for the VA to say you are fine the way you are. (We still had both the SSD and the VA open at the same time-- took about 3 years to win both). Our VA claim went faster after we won the SSD.

Note: SSD likes to turn you down twice in hopes you will go away (just like the VA), and basically forces you to get a lawyer, and hopes you cannot afford one. Steve