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Appealing My Claim

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labonte1000

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Hi i have 10% disability for anxiety and 10% for hypertension. I rencenlty appealed my Va rating decision with in the one year. I also put in a claim for ED due to anxiety symptoms. My question here is I am seeing a VA shrink right now, she put me on paxil for anxiety and wellbutrin. She thinks i might have adult add that was never diagnosed from childhood, and she think this might be the cause of the anxiety. Will this hurt my claim at all. I mean since i got out of service in september of 2006 i worked for ten weeks from dec 8th-18th 2007 and thats all. I get really nervous and panic attacks, she thinks i might have a learning disability. Will this hurt my claim at all or could it help it? Will the VA take my 10% disability rating away from me if the shrink says that its from childhood. please help.

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  • HadIt.com Elder

Hasnt heard being unemployed for a year as necessary to apply for benefits.

no i haven't applied for SS because , don't you have to be unemployed for over a year, i had a job in december for a bit

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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You do not have to be out of work for a year before applying. I could no longer work in Aug of 04 and applied for SSDI in Oct of 04. In the law judges decision he found me to be disable in Aug of 04 and I was entitled to disability in Feb of 05. There is a 6 month timeframe from when you became disabled until you can get benefits. In most cases this whole SSDI process takes anywhere from 18 months and up. Mine took 31 months from first file until award. I was denied twice and had to wait for a hearing before an administrative law judge. I had an attorney from after the 2nd denial and it cost me $5,300 of my back pay but it was worth it. I do not believe that anyone should have to hire an attorney in the first place but that is what it takes nowadays to get what you are entitled to. DJ.8

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  • HadIt.com Elder

Dale was 5500 the max the attorney could earn for winning your claim?

I personally feel that for anyone who frets and worries an attorney is the way to go if you can find one who will handle your claim.

Veterans deserve real choice for their health care.

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No Pete, the max the atty could collect was $5,300. He collected that off my award. I then had to file for benefits for my 2 children. The atty did not collect anything from the children's claim. I had a very good atty. He was somewhat unconventional though. When I went to his office he would be wearing just socks and no shoes. He also only had a either a t-shirt or a nice shirt on but it was always un buttoned. His office looked somewhat of a mess. Files and paperwork piled on a conference desk. He also had a very old car that had lots of dents and one of the side view mirrors was hanging off. All that being said he was on top of his game and really knew the SSDI system. The hearing only took about 15 mins. My wife's testimony carried alot of weight. That was totally unexpected. His tv commercial portrayed him as the typical attorney. I would highly recommend him to anyone needinmg help with an SSDI claim here in Jacksonville NC.

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