Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Disagreement Of Onset Date

Rate this question


fullcount15

Question

Haven't worked since 09/04. Diagnosed with Bipolar in 11/05. Originally filed my claim in 06/06. In 04/08 my rep ,ALLSUP, filed for an On the Record Review before I went to my ALJ hearing. SSA offered me approval with an onset date of 08/07. At the recommendation of ALLSUP, I denied the offer and went to my hearing 09/30/08. Still haven't received a decision. Has anyone know of a similar experience and ALJ's decision? Thanx!!! :lol:

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

2 answers to this question

Recommended Posts

I don't know if this will help-

My husband was 30% SC for PTSD and had a Section 1151 stroke.

SSA awarded for the stroke.

But I found in the SSA regulations that they (SSA) must consider every disability the disabled person has and make a finding on it-

We got an appointment with a SSA lawyer and I wanted his support for a Reconsideration request-

to see how the SSA would consider my husband's PTSD.They had not used any of his PTSD treatment records at all and omitted his PTSD from the SSA award.

The lawyer refused to take the case so I did it myself and 4 months later SSA called us to tell us we had won the reconsideration request and the check was in the mail. I called the lawyer up and told him how much money he lost.

My point is

1. the SSA had to make a finding as to his PTSD and they did and made an entirely new award -100% PTSD

2. Due to the reconsideration they also found that his PTSD was totally disabling for one year prior to the older EED (for the stroke)

The SSA can give a better EED in some cases -by medical evidence.

How did the SSA determine the 08/07 onset date?

Has ALLSUP filed for Reconsideration of that date?

I believe I only had limited period of time to file for a Reconsideration-

not only did the SSA lawyer refuse to help but SSA discouraged me too-suggesting he could even lose the SSA for the stroke-but I don't deal with negatives and filed the request.

The lawyer said he would never discount PTSD vets again in any way- and the SSA award became instrumental in my husbands posthumous 100% SC P & T PTSD award (I think) They ignored this evidence continually but his VA Psychiatrist mentioned it in a letter to the VA as the VA had also continually ignored the extensive psychiatric testing and treatment he had done for my husband's PTSD.

The reconsideration alone involved almost $20,000 more SSA retro.Maybe more-I forget-

Edited by Berta
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