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Has Anyone Ever Used This Before And Won


ltate90
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I UNDERSTAND THAT SOCIAL SECURITY ADMINISTRATION USES DSM-IV TO DETERMINE IF A APPLICANT HAS A PARTICULAR MENTAL DISABILITY.

I HAVE BEEN DIAGNOSED BY THE VETERANS ADMINISTRATION WITH POST TRAUMATIC STRESS DISORDER (PTSD). WHILE I UNDERSTAND THE SSA IS NOT REQUIRED TO ACCEPT THE DIAGNOSES OF THE VA I WISH TO BRING THE FOLLOWING TO YOUR ATTENTION:

UNDER CFR 20, APPENDIX 1 TO SUBPART P, PARAGRAPH 12.06 (LIST OF IMPAIRMENTS) ANXIETY RELATED DISORDERS (THE DSM-IV HAS PTSD LISTED UNDER A "STRESS RESPONSE" CATEGORY, WHICH COMES UNDER THEIR "ANXIETY DISORDER" CATEGORY) THE LIST OF IMPAIRMENTS SAYS:

"A. MEDICALLY DOCUMENTED FINDINGS OF AT LEAST ONE OF THE FOLLOWING, REFERRING TO ITEMS 1 THROUGH 5 UNDER "A"

YOUR #1(D) CORRESPONDS DIRECTLY WITH ITEM D (4) IN SECTION 309.81, " ANXIETY DISORDERS", OF DSM-IV.

YOUR #2 CORRESPONDS DIRECTLY WITH ITEM C (2) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

YOUR #5 CORRESPONDS DIRECTLY WITH ITEM B (1) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

AS YOU CAN SEE PTSD FULFILLS THREE OF THE REQUIREMENTS, NOT JUST ONE.

B. RESULTING IN AT LEASE TWO OF THE FOLLOWING:

YOUR #2 CORRESPONDS DIRECTLY WITH ITEM C (2) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

YOUR #3 CORRESPONDS DIRECTLY WITH ITEM D (3) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

YOUR #4 CORRESPONDS DIRECTLY WITH ITEM D (2) & D (3) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

PTSD FULFILLS THREE REQUIREMENTS, NOT JUST TWO.

YOUR ATTENTION IS INVITED TO 20 CFR 303.1520 (D) WHICH STATES, "IF YOU HAVE AN IMPAIRMENT(S) WHICH MEETS THE DURATION REQUIREMENT AND IS LISTED IN APPENDIX 1 OR IS EQUAL TO A LISTED IMPAIRMENT(S), WE WILL FIND YOU DISABLED WITHOUT CONSIDERING YOUR AGE, EDUCATION, AND WORK EXPERIENCE."

THE INTRODUCTION TO THE LIST OF IMPAIRMENTS SAYS "THE LISTINGS ARE SO CONSTRUCTED THAT AN INDIVIDUAL WITH AN IMPAIRMENT(S) THAT MEETS OR IS EQUIVILANT IN SEVERITY TO THE CRITERIA OF A LISTING COULD NOT REASONABLY BE EXPECTED TO DO ANY GAINFUL ACTIVITY" THEREFORE A RESIDUAL FUNCTIONAL CAPACITY (RFC) EVALUATION SHOULD NOT BE REQUIRED.

IF YOU DO NOT AGREE WITH THE "LIST OF IMPAIRMENTS" DATA PRESENTED ABOVE PLEASE PROVIDE THE REASON FOR DISAGREEMENT."

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Not all SS claims offices are equal. Some appear more acceptable of a diagnosis from VHA Dr's than others, the same can be said about the VA using SSDI awards showing a directed opinion that a particular diagnosis had its beginning or onset during the claimant's time in service. Not often, but it happens.

However, with this said, it is always in the best interest of the Veteran in both their claim for SSDI and VA Compensation claims, that they get an IMO from a Civilian Dr or Psychiatrist who is board cirtified in their specialty, in support of their claim.

Having one without the other, makes your road to an award that much more difficult. If your SSDI claim has been denied, then you need to find out why it was denied, if you feel there need for an otherwise unneccessary exam isn't warrented and you have this information you feel justifies your diagnosis and its severity, bring this to the attention of the examiner that they send you to, with any additional medical evidence you have not had time to submit, so that the examiner will have all the information and not just part of it, so that their opinion can be more favorable to your SSDI claim.

If your on Medication and have other related problems that require medication, make sure you list them and as to their effects on your daily living and ability to operate equiptment, machinery, memory and concentration, well llist every which way they affect you. list any of the side effects that these medications are known to have

Don't just rely on your PTSD, is what I am saying. You need to project how all your problems affect your ability to do any kind of work. Tunnel vision does you no good.

Rockhound Rider :o

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  • HadIt.com Elder

I'd be tempted to make up a package including your records that are appropriate, along with your statement, and go visit the local SSA office.

My experience (medical disability, including SC DBMII) was with a helpful head clerk, and things went fairly smoothly.

My case was decided based upon a paper review by an SSA contracted doctor,and an ensuing "QC" review.

Upon notice of the award effective date, I immediately filed a disagreement,which stated why, and pointed out where mistakes had been made in assigning the award date. Not to long after, a check for about 20k showed up. If you are polite, presentable, and somewhat lucid, (Sometimes very difficult with PTSD), you have a good chance. Admittedly, a clerk can also say "seems fine to me" and really screw things up for you. If you feel that this might occur, have a trusted family member or an organization represent you. You may also run into another issue with either the VA or SSA that involves appointing a "guardian".

I UNDERSTAND THAT SOCIAL SECURITY ADMINISTRATION USES DSM-IV TO DETERMINE IF A APPLICANT HAS A PARTICULAR MENTAL DISABILITY.

I HAVE BEEN DIAGNOSED BY THE VETERANS ADMINISTRATION WITH POST TRAUMATIC STRESS DISORDER (PTSD). WHILE I UNDERSTAND THE SSA IS NOT REQUIRED TO ACCEPT THE DIAGNOSES OF THE VA I WISH TO BRING THE FOLLOWING TO YOUR ATTENTION:

UNDER CFR 20, APPENDIX 1 TO SUBPART P, PARAGRAPH 12.06 (LIST OF IMPAIRMENTS) ANXIETY RELATED DISORDERS (THE DSM-IV HAS PTSD LISTED UNDER A "STRESS RESPONSE" CATEGORY, WHICH COMES UNDER THEIR "ANXIETY DISORDER" CATEGORY) THE LIST OF IMPAIRMENTS SAYS:

"A. MEDICALLY DOCUMENTED FINDINGS OF AT LEAST ONE OF THE FOLLOWING, REFERRING TO ITEMS 1 THROUGH 5 UNDER "A"

YOUR #1(D) CORRESPONDS DIRECTLY WITH ITEM D (4) IN SECTION 309.81, " ANXIETY DISORDERS", OF DSM-IV.

YOUR #2 CORRESPONDS DIRECTLY WITH ITEM C (2) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

YOUR #5 CORRESPONDS DIRECTLY WITH ITEM B (1) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

AS YOU CAN SEE PTSD FULFILLS THREE OF THE REQUIREMENTS, NOT JUST ONE.

B. RESULTING IN AT LEASE TWO OF THE FOLLOWING:

YOUR #2 CORRESPONDS DIRECTLY WITH ITEM C (2) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

YOUR #3 CORRESPONDS DIRECTLY WITH ITEM D (3) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

YOUR #4 CORRESPONDS DIRECTLY WITH ITEM D (2) & D (3) IN SECTION 309.81, "ANXIETY DISORDERS", OF DSM-IV.

PTSD FULFILLS THREE REQUIREMENTS, NOT JUST TWO.

YOUR ATTENTION IS INVITED TO 20 CFR 303.1520 (D) WHICH STATES, "IF YOU HAVE AN IMPAIRMENT(S) WHICH MEETS THE DURATION REQUIREMENT AND IS LISTED IN APPENDIX 1 OR IS EQUAL TO A LISTED IMPAIRMENT(S), WE WILL FIND YOU DISABLED WITHOUT CONSIDERING YOUR AGE, EDUCATION, AND WORK EXPERIENCE."

THE INTRODUCTION TO THE LIST OF IMPAIRMENTS SAYS "THE LISTINGS ARE SO CONSTRUCTED THAT AN INDIVIDUAL WITH AN IMPAIRMENT(S) THAT MEETS OR IS EQUIVILANT IN SEVERITY TO THE CRITERIA OF A LISTING COULD NOT REASONABLY BE EXPECTED TO DO ANY GAINFUL ACTIVITY" THEREFORE A RESIDUAL FUNCTIONAL CAPACITY (RFC) EVALUATION SHOULD NOT BE REQUIRED.

IF YOU DO NOT AGREE WITH THE "LIST OF IMPAIRMENTS" DATA PRESENTED ABOVE PLEASE PROVIDE THE REASON FOR DISAGREEMENT."

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  • HadIt.com Elder

In the 90's when I filed with SSD and VA they both told me really did not make a difference if one or other made award as they operated on their own. In last few years usually if one awarded the other did also.

Although SSD may not jump on VA diagnosis they at elast will schedule you to see one of their Docs or maybe more I saw three and now I have SSD and VA.

Good Luck and you point looks well made to me.

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