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Just Recieved Ssdi Approval

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TheSpleen

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After just under 5 years I finally recieved my SSDI approval. :rolleyes:

I went through the whole 9 yards all the way to appealing the judges denial and having it overturned in my favor. Not seen any money yet but waiting.

I was glad to find this forum and this is my first post.

After all I been through fighting social security I will be glad to help in anyway I can.

although lawyers did most the work. I lost everything I owned literally while waiting

but now I get 3 years of that wait in backpay. (They wouldn't give it all)

Gene USN

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  • HadIt.com Elder

William,

since Non service connected Pension is a needs bases program & SSDI is an earned federal program, your NSC-Pension will be offset, dollar for dollar.

You will likely continue to recieve SSDI & the DVA will make up the difference up to the alowable amount for Pension. I would not rely on VA alone for medical. I would recomend all vets that have medicare to keep it.

There are deductibles for medical expenses/drugs, including your medicare premiums.

You need to talk to whoever you report your income to at the VAMC to get the complete information.

Allan

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Gene,

if your SSDI award is below $1200 pr month, you may be better off filing for Non-service connected VA Pension. It's something to consider.

Allan

I looked into this awhile back when va doctors told me to get on va disability. But I was told since my service was not during wartime I was ineligable. I am post vietnam vet, I joined in 77.

Am I eligible? Some vets have said they got it.

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  • HadIt.com Elder

Gene,

According to the information I pulled up, you missed it by a couple years.

************************************************************

Who is eligible?

Generally, you may be eligible if:

you were discharged from service under conditions other than dishonorable,

AND

you served at least 90 days of active military service 1 day of which was during a war time period. If you entered active duty after September 7, 1980, generally you must have served at least 24 months or the full period for which called or ordered to active duty (There are exceptions to this rule),

AND

your countable family income is below a yearly limit set by law (The yearly limit on income is set by Congress),

AND

you are age 65 or older, OR, you are permanently and totally disabled, not due to your own willful misconduct.

As you can see, there are a number of criteria that may affect your eligibility to pension benefits. If you are unsure if you meet all criteria, we encourage you to go ahead and file an application, particularly if your countable income appears to be near the maximum. VA will determine if you are eligible and notify you. If you do not initially qualify, you may reapply if you have un-reimbursed medical expenses during the twelve month period after VA receives your claim that bring your countable income below the yearly income limit. (These are expense you have paid for medical services or products for which you will not be reimbursed by Medicare or private medical insurance.)

******************************************************

VA Pension Benefits

Periods of War for VA Benefits Eligibility

The most up-to-date electronic version of 38 Code of Federal Regulations (CFR) Part 3 and 4 is maintained by the National Archives and Records Administration (NARA). NARA's site for this is here: e-CFR. If you want to insure you have the most up to date version of this regulation please be sure to check e-CFR.

§3.2 Periods of war.

This section sets forth the beginning and ending dates of each war period beginning with the Indian wars. Note that the term "period of war" in reference to pension entitlement under 38 U.S.C. 1521, 1541 and 1542 means all of the war periods listed in this section except the Indian wars and the Spanish-American War. See §3.3(a)(3) and (B)(4)(i).

(a) Indian wars. January 1, 1817, through December 31, 1898, inclusive. Service must have been rendered with the United States military forces against Indian tribes or nations.

(<_< Spanish-American War. April 21, 1898, through July 4, 1902, inclusive. If the veteran served with the United States military forces engaged in hostilities in the Moro Province, the ending date is July 15, 1903. The Philippine Insurrection and the Boxer Rebellion are included.

© World War I. April 6, 1917, through November 11, 1918, inclusive. If the veteran served with the United States military forces in Russia, the ending date is April 1, 1920. Service after November 11, 1918 and before July 2, 1921 is considered World War I service if the veteran served in the active military, naval, or air service after April 5, 1917 and before November 12, 1918.

(d) World War II. December 7, 1941, through December 31, 1946, inclusive. If the veteran was in service on December 31, 1946, continuous service before July 26, 1947, is considered World War II service.

(e) Korean conflict. June 27, 1950, through January 31, 1955, inclusive.

(f) Vietnam era. The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on August 5, 1964, and ending on May 7, 1975, inclusive, in all other cases. (Authority: 38 U.S.C. 101(29))

(g) Future dates. The period beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress. (Authority: 38 U.S.C. 101)

(h) Mexican border period. May 9, 1916, through April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto. (Authority: 38 U.S.C. 101(30))

(i) Persian Gulf War. August 2, 1990, through date to be prescribed by Presidential proclamation or law. (Authority: 38 U.S.C. 101(33))

[26 FR 1563, Feb. 24, 1961, as amended at 32 FR 13223, Sept. 19, 1967; 36 FR 8445, May 6, 1971; 37 FR 6676, Apr. 1, 1972; 40 FR 27030, June 26, 1975; 44 FR 45931, Aug. 6, 1979; 56 FR 57985, Nov. 15, 1991; 62 FR 35422, July 1, 1997] [see Federal Register]

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