tdiu Just Found This Forum, Have Some Questions

[Jayg]

Howdy. I am new to this forum and oy! do I have a lot of questions!

I am 52, w/ 40% VA disability but have secondary conditions appealed.

I am not TDIU but do believe I will succeed in getting there.

A new note in my medical records state I "am unable to do any physical activity w/out discomfort." This has only just been submitted in my appeal.

I am VAsc for feet & an ankle. But secondary conditions, knees, hip, back... render me unemployable. My trades have been Truck driving, construction, factory & machinist. I am unable to do anything like those.

Do I have to be VA rated IU before applying for SS?

I have been unemployed since 2004.

Am I eligable for SSD, SSI, which? both??

Should I apply for SS? (if eligable)? I have 'heard' that if you get SS? first, VA will adjust your VA compensation rather like concurrent receipt.

Will having SS? hurt or help with VA claim/appeal?

Education? I did graduate from High school but just barely.

Also, I am diagnosed with "severe debilitating arthritis." I am on strong pain meds. I am also somewhat easily confused, so please, point me in the right direction here? Then I'll be able to look for more specific things on my own. B)

Thanks to all in advance.

[vaf]

Jayg, let's talk about social security disability first. No, you do not need to be rated TDIU by the VA before applying for SS disability. If you have enough money paid into the SS system from past employment, enough quarters (call social security and find out), you should apply for disability from them now. The payments don't depend on what your income level is, meaning you can receive any VA disability plus your SS disability without either being reduced (that's called an offset -- there's no offset). If you have not paid enough money into the system, you should still apply for Social Security "pension," but that IS based on your total income, so there might be an offset with your VA disability payment.

The SS system and the VA system are two separate systems, with separate evaluation standards. But yes, if you get TDIU from the VA before you get the SS decision, let the SS folks know about that. The reverse is true, too. If you get TDIU from the VA, let the SS folks know immediately.

My opinion only, but I recommend you get a lawyer right from the beginning of applying for SS disability. Preferably one who handles nothing BUT Social Security issues. Especially because you say your medications make you "easily confused" -- there's a ton of paperwork involved in applying for SS, more than the VA in my estimation. Get someone to help you with it.

[john999]

If you have chronic pain then you probably have depression. You need a doctor to diagnose it, and to say because of it you can't do either physical or mental work. By saying you cannot do physical work the VA will assume you can do mental work. If you take strong pain meds you want a doctor to say you are frequently confused and are unable to concentrate to the extent you can't work. Unless a doctor says you can't do it the VA will assume you can do it. You need to start complaining and see a psychiatrist if you are confused and depressed. Doesn't the VA screen you for depression and suicidal feelings? If you get paperwork for the pain meds you have to fill out then you need to mention side effects both mental and physical. Take the ball and run with it.

[Jayg]

Jayg, let's talk about social security disability first. No, you do not need to be rated TDIU by the VA before applying for SS disability. If you have enough money paid into the SS system from past employment, enough quarters (call social security and find out), you should apply for disability from them now. The payments don't depend on what your income level is, meaning you can receive any VA disability plus your SS disability without either being reduced (that's called an offset -- there's no offset). If you have not paid enough money into the system, you should still apply for Social Security "pension," but that IS based on your total income, so there might be an offset with your VA disability payment.

The SS system and the VA system are two separate systems, with separate evaluation standards. But yes, if you get TDIU from the VA before you get the SS decision, let the SS folks know about that. The reverse is true, too. If you get TDIU from the VA, let the SS folks know immediately.

My opinion only, but I recommend you get a lawyer right from the beginning of applying for SS disability. Preferably one who handles nothing BUT Social Security issues. Especially because you say your medications make you "easily confused" -- there's a ton of paperwork involved in applying for SS, more than the VA in my estimation. Get someone to help you with it.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

If you have chronic pain then you probably have depression. You need a doctor to diagnose it, and to say because of it you can't do either physical or mental work. By saying you cannot do physical work the VA will assume you can do mental work. If you take strong pain meds you want a doctor to say you are frequently confused and are unable to concentrate to the extent you can't work. Unless a doctor says you can't do it the VA will assume you can do it. You need to start complaining and see a psychiatrist if you are confused and depressed. Doesn't the VA screen you for depression and suicidal feelings? If you get paperwork for the pain meds you have to fill out then you need to mention side effects both mental and physical. Take the ball and run with it.

Chronic pain? Ohhh yeah. I've got it and have had for years. I have submitted my med printouts and a few other internet references on the meds & their side effects.

I was taking lesser meds before I last worked, as a machinist. I was rated as a chief machinist and had been a good one. But I had begun misreading prints and simple tasks started taking me foreever. I began having (and really have now!) difficulty remembering things. I can go to a room or the barn to get something and flat forget what I went after. Unfortunately I passed the little memory test my doctor gave me with flying colors.

Depressed? I'm unemployed, bankrupt, on foodstamps and taking handouts when I have worked all my life. I'm watching my wife crumple under the strain of paying to many bills with too little money. Of course I'm depressed! There'd be something badly wrong with me if I wasn't! B) But I'm also a recovering alcoholic (20+ years sobriety) and those psyche drugs scare the expletive omitted out of me! I hate the pain meds I have to take, (that's depressing too) Suicidal? y/n. If it was just me I'd check out and not go through this crap. But it ain't just me. I have a wife and kids and I still am worth (if barely) more alive to them than dead so I'm sticking.

I also rested positive for PTSD but as a Cold War Vet the triggers are lacking. I could mention a couple things but there are no records. One event didn't even happen if you know what I mean. And even still, just those would still be thin.

Another thing about the depression diagnosis. They wanted me to go to meetings once a week. I can't drive it, and it's after hours and I can't have my family dragging me on a 120 mile round trip like that even if our 150,000+ car would hold up under it. That would drive me totally over the edge.

The darndest thing is I may have to do this. It may crack my wife up completely and we don't have any insurance for her. (She doesn't work outside the home, a good old fashioned stay at home wife/mother.)

I've worked for wages since I was 16 so I should be good to go for SS. I think the last report I got said I was good for it. I'll check as you suggest.

Glad to hear that 'offset' isn't an issue. I couldn't afford it, especially these days. I understand SS & VA are two entirely sererate entities.

I've wondered about needing a lawyer for SS. My Mom had to get one and she was a catarct blind, lame, diabetic, amputee fer gossakes!

Speaking of lawyers, I understand needing one that specializes with SS cases. Do I look for a local Yokel or one of those internet entities that brag up a "95% success rate"?

Edited June 23, 2008 by Jayg

[vaf]

We found Binder and Binder to be thorough, responsive, and totally professional. My husband applied in September '07 and received an award letter in late February '08 (we were fortunate, as I understand this only happens around 30% of the time, although I know my husband being rated 100% disabled by the VA probably came into consideration). They know what to ask, and how to ask it. They know the evidence that's needed to win, and they know how to present it. They have their own questionnaires that are sent to the applicant's doctors, and then take that information and send it to the SSA. They have questionnaires for the applicant too, so the information that comes out of all this is pretty comprehensive.

Social security attorneys won't take cases they don't think they can win, since they don't get paid up front, but only if you win, and only a certain amount.

[vaf]

In case you're wondering, if you DO get denied with an attorney from one of those 1-800 numbers, I can tell you that Binder and Binder contracts with local representation if you have an appeal hearing to attend in person (we're in northwest Louisiana, and if I remember correctly when I asked them this question, the attorney would have traveled up from Houston or Dallas. If you call one of these law firms, ask them that question). But, short of your possibly being called in for physical or mental examinations (the "mental examination" my husband had lasted 30 minutes with a social worker, with no physical exam ever scheduled), this is predominantly a paperwork, document-driven process. So where your attorney is located, in my opinion, isn't really important. It's more important that they know what they're doing, which is why we preferred to contact someone who did nothing BUT Social Security claims.

[allan]

For SSDI benefits, you must earn 20 credits in 40 quarters out of the last 5 years.

there is no gray area. You are disabled or not.

If pain makes you uncomfortable, you will likely be denied. If your depressed due to enviromental reasons, broke, stress over carring for your loved ones, etc, than thats not due to your pain issues either.

[i "am unable to do any physical activity w/out discomfort." ] They will say take a pill and go to work. You must be unable to do even sedentary work and have 40 credits earned over the last 5 years.

Write or fax the SSA and ask for a print out of your work history.

SSI is offset dollar for dollar from any source of income.

Military Service And Social Security 2008

http://www.ssa.gov/pubs/10017.html

Disability Evaluation Under Social Security

http://www.socialsecurity.gov/disability/p...onals/bluebook/

Listing of Impairments - Adult Listings (Part A)

http://www.socialsecurity.gov/disability/p...ultListings.htm

Edited June 23, 2008 by allan