Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Social Security Disability

Rate this question


jmlo

Question

I applied for SSD almost 3 years ago. They denied me, denied me, then I hired an attorney and went before an ALJ who also denied me. At that time I was at 50% SC. I am now 80% SC with a pending application for IU. Apparently decision has been made and we are waiting on paperwork. I know that SS doesn't always agree and follow same rules as VA BUT, wouldn't it make sense that someone who gets disability from VA would also qualify under SSD?!? I am thinking about reapplying - especially if VA awards IU. I am just wondering if there is anything I can do to recoup those lost three years? Can I re-open an old case or is it technically closed? If so, can I reapply with the same onset date as before?

Link to comment
Share on other sites

  • Answers 15
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

........and I've been telling the VA that I've been receiving SS due to the same disability that I am rated 80% for by the VA, been telling VA that for about 5 years now.....and they (the VA) has YET to acknowledge that I'm receiving SS, that I have sent the VA my Social Security benefits determination papers (three different times), that I have been disabled according to SS, that the Social Security Administration EVEN EXISTS................ya see, if the VA (in my case) doesn't act like the SSA exists, then they don't have to try to explain WHY I'm getting Social Security and WHY, if I'm disabled according to SSA, then WHY aren't I disabled according to VA (we're talking 100% disabled).

NAW, one department of the gubbermint can play games........whilst another can play fair.

go figger.

Link to comment
Share on other sites

  • HadIt.com Elder

Its gotten a lot easier than it used to be when you get one you should get the other.

Link to comment
Share on other sites

  • HadIt.com Elder

You might want to get a lawyer for the SSD claim I doubt if they will go back the 3 years but if the lawyer can smell more money they will go for it, you would think if one arm of the government declares you disabled they all will, it doesn't work that way as you have learned the VA awards percentages the SSA is either you are totally disabled or you are not they don't have a TDIU award at SSD they have a simpler deal either you are disabled or you're not

but the government was supposed to make SSD and VA claims equitable if one agnecy declares you disabled the other agency should accept whichever ones process the claims faster, we have all seen the VA award before the SSD does and the other way around SSD gets approved and after 4-5 years on appeal the VA awards very few people get them both quickly and easily and I don't want to be that screwed up those people are usually bed riden and missing body parts....

Link to comment
Share on other sites

  • HadIt.com Elder

".....missing body parts...."

Is your brain considered a "body part"?

If so, I'm qualified.

Matter-of-fact, if you should run across it, send it home, I've been really missin it.

Here's a "fer instance":

I've been trying to remember to call the Texas Veterans Commission, for, oh, like THREE WEEKS.

I've amde myself notes......sticky notes on the refrigerator....on the computer screen.....I'll take 'em off, planning on calling them, right then......but, something will distract me and I'll wake up at 2am and lay in bed, wondering what it was that I was supposed to do.

I'm gonna call those folks.....right now! I don't REMEMBER WHY I'm calling them....maybe when I get them on the phone they can help me remember. I am serious....I don't REMEMBER WHY!

I hate this. I really do. I want to give up but I can't.

Link to comment
Share on other sites

JMLo,

AS you know the SS folks don't really care that the va has rated 80% they care even less that you may get IU.

As someone has already stated with SS it is all or nothing.. with the va is is a little bit here a little bit there .....

You could try my approach and tell them flat out that you have already been found disabled by another government agency and they should too. In my case I was retired by two different government agencies, and at the time was TDIU....I told the judge the I had proved my case three times in the past and he should just go with it... he did....

Link to comment
Share on other sites

Thanks TEAC, what a great idea! I mean they are both government agencies?!?! I just don't get it. USUALLY, if someone is 50% + disabled, they typically are unable to work enough to make a living without some sort of supplement. I think I'm gonna play that card when I reapply.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use