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What Should I Do?

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I Corps 1970

Question

I have a claim in with the VA for PTSD so I thought I would also file for SSD. I emailed my conditions (PTSD, major depression, anxiety and alcohol dependance) to Allsup. I followed up with a phone call and was told they would not represent me because there is no way to prove which condition came first.

I have to be honest with my claims, so how does one justify the fact that the PTSD symtoms where the cause of the other conditions, resulting in self medication and dependence to both the VA & Social Security?

Thirty-eight years ago I had no idea what was wrong with me.

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Look for an attorney in your own that only does SSA, they know the ropes, while allsup maybe good, I think they probably tend to take the no brainer cases, the quick easy money ones.--its a business and quick and easy is the best to take.

I know someone who mentally was in your shape, most problems caused by some form of abuse and he won, it took 2 years, but he won.

His lawyer said no at first but he hounded her and she finally took it, she said I am have never lost a case before, you are going to be my first.

Don't be that discouraged. Get cleaned up and go for it.

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  • HadIt.com Elder

I Corps

What is your specific stressor for the PTSD. If you have a PTSD diagnosis and a good stressor then the PTSD claim may fly no matter how long it has been or what other diagnosis you have. Being in I Corps alone should be a stress factor, but did you get a PH or any combat award? Those are the kinds of PTSD claims that are the easiest to win. They can all be won if you have verifiable stressor no matter if combat or not. Were you ever treated for depression or any mental disorder in the military?

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I have a claim in with the VA for PTSD so I thought I would also file for SSD. I emailed my conditions (PTSD, major depression, anxiety and alcohol dependance) to Allsup. I followed up with a phone call and was told they would not represent me because there is no way to prove which condition came first.

I have to be honest with my claims, so how does one justify the fact that the PTSD symtoms where the cause of the other conditions, resulting in self medication and dependence to both the VA & Social Security?

Thirty-eight years ago I had no idea what was wrong with me.

I Corps, While surfing the board I came across your posts. I applied for SSDI in 2002 and was denied twice by the state agency that determines Social security disability. I appealed both times and lost however I hired an attorney the third time around and I was granted SSDI after first applying over 51/2 years ago. I want to encourage you to appeal your decisions if you have not done so and hire a local attorney that will work your case and represent you at the ALJ hearing. The attorney I hired received 25% or $5500.00 whichever came first. The retro active award went back to 2002 when I first applied and hiring an attorney was the best thing I did. I looked at this process as a full time job and as it turned out it was.
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Maybe that is why Allsup has such a high "success" rate. If you only take cases that are already guaranteed success, your success rate would be pretty darn high.

Free

Allsup told me in 2005 that if I could use a phone, I could work.

They would not take my case because I was self-employed. ***Later determined

not to be SGA substantial gainful activity.

I hired a local attorney a year later. (Keeping it local is a plus

since the local attorneys have met the ALJ before and sat at other hearings with the same

ALJ. The ALJ person is regional to your area usually.)

The ALJ accused my attorneys of not even looking

at my folder! I thought 'there's no way I'm gonna get approved'.

I knew my attorney was a 'jerk', but I didn't know that the ALJ

knew it, too. I was connected back 5 years.

Don't feel bad that Allsup didn't take your case.

Find a local attorney who has experience at ALJ hearings on the

local level.

Cindy

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  • HadIt.com Elder

I Corps

The fact your private shrink knows the doctor at the VA could be a big factor. You might get a sympathetic review of your condition. Also your doctor should know how to write a report that will fit the VA criteria. All my shrinks at the VA and in private practice know each other. The doc that wrote my IMO was a former VA shrink. Her IMO was directly incorporated into my rating decision. From the mouth of God into their ears. The VA loved it. It think it was the gold standard for an IMO for VA purposes. I even used the shrink's husband who is a lawyer to handle a federal case for my federal disability retirement and an MSPB case.

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