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?

[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.