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.

[Chuck75]

Some things that SSA counts for or against you.

Your age of 52 can count AGAINST you. 62 or so counts for you (and you can also apply for a reduced amount normal SS pension that is paid while SSA decides the disability claim). 55 to 60 or so is sort of in limbo.

Lack of formal education counts for you. (no college)

Previous manual labor jobs count for you, office jobs against.

Pain medication counts for you if it prevents you from doing the things that you would normally do for income. (Driving a Truck, for instance)

It may be illegal for you to drive anything if you take certain drugs.

Not to mention the problem(s) that cause you to take the drugs.

Even though you have enough quarters in SS, you can have problems if you had no income in the last five years.

The administrative interview by a SSA clerk is critical to your initial success or failure. A "mental" evaluation is conducted, even if you don't know it. Be as courteous as you possibly can.

As part of an appeal of the effective date, I obtained a full copy of my SSA file. (on CD, no less) The clerk's comments during and after the initial interview were a formal part of the records, and were favorable to approving the disability. What was not in the record was the behavior of another junior clerk in the same office, trying to discourage me from making the appeal. I had to insist to obtain the requisite forms, and insist again that the clerk date stamp the appeal letter, and give me back a 2d copy that I had provided (date-stamped as well). Without more than the help and guidance from had-it and various other sources, as well as the interviewing clerk's good will, I was successful the first time around, and also successful in appealing the effective date. I did have medical evidence that (in a court of law) is considered proof of 100% medical disability by state and federal law, as well as the VA)

It seems that the rules get applied differently from SSA clerk to clerk, and very obviously differently from office to office.

A friend of ours was denied because "he owned his own business", even though the business was based upon his labor (painting houses)

My remaining problem/effort is to get the VA to service connect the remainder of my medical problems, most of which are A.O. related in some manner.

I certainly wish you success in your efforts with SSA.

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.

[Chuck75]

Some things that SSA counts for or against you.

Your age of 52 can count AGAINST you. 62 or so counts for you (and you can also apply for a reduced amount normal SS pension that is paid while SSA decides the disability claim). 55 to 60 or so is sort of in limbo.

Lack of formal education counts for you. (no college)

Previous manual labor jobs count for you, office jobs against.

Pain medication counts for you if it prevents you from doing the things that you would normally do for income. (Driving a Truck, for instance)

It may be illegal for you to drive anything if you take certain drugs.

Not to mention the problem(s) that cause you to take the drugs.

Even though you have enough quarters in SS, you can have problems if you had no income in the last five years.

The administrative interview by a SSA clerk is critical to your initial success or failure. A "mental" evaluation is conducted, even if you don't know it. Be as courteous as you possibly can.

As part of an appeal of the effective date, I obtained a full copy of my SSA file. (on CD, no less) The clerk's comments during and after the initial interview were a formal part of the records, and were favorable to approving the disability. What was not in the record was the behavior of another junior clerk in the same office, trying to discourage me from making the appeal. I had to insist to obtain the requisite forms, and insist again that the clerk date stamp the appeal letter, and give me back a 2d copy that I had provided (date-stamped as well). Without more than the help and guidance from had-it and various other sources, as well as the interviewing clerk's good will, I was successful the first time around, and also successful in appealing the effective date. I did have medical evidence that (in a court of law) is considered proof of 100% medical disability by state and federal law, as well as the VA)

It seems that the rules get applied differently from SSA clerk to clerk, and very obviously differently from office to office.

A friend of ours was denied because "he owned his own business", even though the business was based upon his labor (painting houses)

My remaining problem/effort is to get the VA to service connect the remainder of my medical problems, most of which are A.O. related in some manner.

I certainly wish you success in your efforts with SSA.

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.

[Jayg]

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 you're depressed due to enviromental reasons, broke, stress over carring for your loved ones, etc, than thats not due to your pain issues either.

[i "inabaility 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.

That word "discomfort" disturbs me too. I don't know if it's use was intentional or unfortunate... He also noted, "increased discomfort is experienced with ANY physical activity." The word "ANY" was all capped in the original. I do believe the choice of the word "discomfort" is unfortunate and I may be able to get it changed.

I have some corrections (quite a few actually) in my VA records to address. That's going to be one. I passed the point of discomfort long ago. I have, as noted, "severe debilitating arthritis."

VA has issued me two knee braces, a 4 wheel walker and just in the past week a powered motor scooter chair. As far as I know, they don't give those out because you're uncomfortable.

I cannot stand long at all. But neither can I sit for any great length of time. I get all stove up so that any movement is difficult. I'm on multiple meds for pain, one considered "habit forming" another "narcotic" and not given for "discomfort." "Chronic pain" is repeatedly mentioned in my VA records. (I have no other medical provider.)

As for walking, my surgeon (he wants to hold off a few years before doing total knee replacements due to my age and health*) noted "able to ambulate without walker with great difficulty demonstrating Trendelenburg lurching."

* He says my legs are very weak and if they don't improve I will not be a candidate for surgery. Does this sound like a matter of "comfort"?

My work history is all manual labor for wages. I barely passed high school. I took a course in machining at a local college and barely got in, even just for vocational training.

I don't know what the diagnosis of depression was for. Local financial, home, and personal likely are the keys though I tested "positive for PTSD." I am not currently undergoing treatment for the depression though.

Anything else I can volunteer to help? I think I'd better submit those corrections to my VA health records before applying for the SS anyway.

[allan]

They sure can give you a hard time over wording jayg. I've been there.

That's what i'm trying to warn you about.

If your not able to work from it, make sure your Dr states the severity of it and states you are not able to perform even sedentary work. That will save you years of fighting them over,"is he or isn't he". I wouldn't worry about wording of discomfort. The lack of wor

Also, you can apply for "Independent Living Services" through Voc-Rehab. In order to qualify for Independent Living Services, you must be found not eligible for voc rehab ed traing. Voc rehab is training for those who can go back to work. The VA sends you to contractors that determine wether you qualify for traing or Independent Living Services.

It sounds to me like you should file for this anyway. This is how to obtain scooters, wheelchairs, computers with electric desks, etc is through independent living services for vets who can not work.

[Jayg]

It sounds to me like you should file for this anyway. This is how to obtain scooters, wheelchairs, computers with electric desks, etc is through independent living services for vets who can not work.

VA gave me a scooter. And a 4 wheel walker and two knee braces too.

[jbasser]

Hi Jay. Everyone offered great advice here.

I was 43 whan I was approved for SSD. I had to go to the ALJ level.

From my experience I can tell you exactly what you need to do.

Contact a SSD attorney and ask them who they use as Occupational IME's.http://www.imenet.com/default.asp

Schedule the exam and show them some kind of proof (Medical evidence) that you cannot work.

You may be able to do a lot of things but the main point is to show that you cannot do sedentary work based on sitting or standing. This is based on an 8 hour work day. That is the main points for Arthritis.

You get this done and you should win your case.

Good luck to you.

J

Edited June 28, 2008 by jbasser