Social Security Disability

[jmlo]

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?

[LarryJ]

........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.

[Pete53]

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

[Testvet]

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....

[LarryJ]

".....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.

[Teac]

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....

[jmlo]

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.

[gdsnide]

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?

I would suggest U use a different Lawyer when U go back to SS.....I was denied when I tried & when I hired a Lawyer the ALJ couldn't approve me fast enough....GARY

[Rockhound]

First off, It doesn't matter how disabled you are, If SSDI feels you can do any kind of work that you have the education and or skills to do so, then you will have to prove to them that your disability and/or disabilities keep you from working at any job that provides you with a substantial wage to live on.

First and foremost, you must not be working, you must be disabled and a Dr says you can not and/or are unimployable, giving the reasons why. If you take any medication that either hinders your ability to work or operate machinery of any type or that has side effects are listed as having these types of effect, will bolster your claim. A statement from friends and/or family as to the effects of your disability and/or disabilities on your daily living and if you need help in any of these things should be submitted. If you can get an exemployer who may have had to let you go due to your disability and/or disabilities or because the medication and/or medications you were on made it impossible for you to do your job even if allowances were made, should also be submitted with your claim.

Another thing to consider is your age. The older you are, the more likely they are to award you SSDI if you meet nearly all of the above. I think the age is 50 or above is when it helps.

Neuropsychological testing as to cognitive problems, which shows difficulties in concentration, memory difficulties in both short and/or long memeory, and mental fatigue factors should also be explored.

Would you or do you have special needs that would be difficult for an employer to meet?

These are but a few questions, etc. etc. etc. that you should have to support your IU claim. As I have stated, just being 100% disabled is not reason enough to be awarded SSDI.

I can't tell you why exactly I was awarded SSDI my first try, since they awarded me on physical disabilities and I believe on the effects of the medications I was on. I had psychiatric problems but these were not listed in my award letter and if you should ask me if my physical problems were enough to keep me from working, I would have to say no. I'm just happy I wasn't the one making the decision to award me SSDI and yes I was over 50yrs old at the time. I was also confined to a wheel chair about 75% of the time and I have Hypertension, restrictive lung desease that required 02 at the time. Pain medication alone kept me from operating machinery and the other side effects interfered with memory and concentration, and the VA stated for a NSC pension I was IU.

When I consider my award letter, I can not understand why people have such a hard time proving they are unemployable.

Rockhound Rider

p.s. I am due for re-evaluation from SSDI, but I am worse now than before, so I am not worried they will tell me I am employable, especially since all the skills, knowledge, and licenses are so out of date, I would have to be rehabed first and now with a varifiable cognitive disorder, it is highly unlikely I could be trained to do much of anything in the workforce of today.

[Ricky]

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.

Be careful with this one my friend. Unless you are 100 percent disabled due to tdiu or schedular with the VA it could upset the judge. The SSA could care less if you have to take a job and support three on 18,000.00 per year. their goal is not to insure that all hold a job which pays 100 g's per year so your theory of a person who is 50 percent plus not being able to work enough to make a living without some sort of supplement is flawed when it comes to SSDI. With them you are either sick enough to not be able to work period or you work at any thing and survive anyway you can. Thats the way the system has been since the begining.

[lllfly]

I filed on my own at the age of 55.

Approve SSD 1st time out.

Worked 37yrs. no layoffs.

Then A fellow Nam Bro ask me if I

had VA claim in. I ask him what is a

VA claim. I know this if you don't file for SSD IT WILL NEVER be APPROVE.

90%sc VA

SSD from 03.

NOD for IU.

Thank you all at Hadit Have a great day.

LLFLY

[fanaticbooks]

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?

I don't have an answer for your question, but thought I would throw this in in case you can reapply (according to anyone who can answer your question). My hubby applied for SSD. The first time he was denied. The second time he applied I did a lot of research and discovered where he was concerned that his job description was not listed in the Dept. of Labor's Job description. It turned out that what he did covered 5 job descriptions none titled what he was called at work.

There is a book out that is very reasonable that talks about getting SSD. It is called "How to Get SSI & Social Security Disability: An Insider's Step-by-Step Guide" by Mike Davis. It helped me understand a little better what went on in the SS agency.

What it took for us was for me to take his job descriptions from the Dept. of Labor and its online site also, break it down as to all the things he could not now do and why, with medical info to back it up. Plus I had to research on those sites any jobs similar to the one he held in the designated time frame SS requires to see if he was capable of doing those. For his job, there was no other type he could do. It was too specialized. It made a difference. Within 5 months he was approved. I know at that time, they didn't care what the designation was with the VA, just if he could work or not work, no in between.

Hope you get your question answered.

[allan]

fanaticbooks,

Thank you. That was very helpful and makes me understand a bit more myself.

[fanaticbooks]

fanaticbooks,

Thank you. That was very helpful and makes me understand a bit more myself.

Your welcome. Just a final note, I posted a topic in the SSD Questions that links the two sites. I didn't want to get off topic here too much. Here are the two links though to help anyone

Dept. of Labor: Occupational Outlook Handbook, 2008-09 Edition

O*NET Online: O*NET OnLine

Good Luck and Thank you for protecting me and mine.

;)

[jmlo]

Thanks so much for the information! I am still waiting for the Decision from VA re: TDIU. CS & IRIS both mentioned that a decision has been made and it went to "Authorization" on 7/11/2008. Once authorized, it will be mailed. As of Friday 7/25/2008, nothing has been mailed. IRIS mentioned the "Authorization" process takes 30-45 days. Hopefully, we will hear something soon.

I really don't think my SSA Lawyer did me any justice. I'll certainly find a new one when I decide to apply again!

[Guest Vietnam Tanker]

I was denied the first time for PTSD, I filed the appeal, got a SS Lawyer and was approved in 30 day's