Unexpected Phone Call From Regional Office

[fullcount15]

I received an unexpected phone call this morning from my Regional Office in reference to my claim.

It was in response to a request I made the beginning of November after talking to a VSR via the 1-800-NOCLUE number, that someone call me and give me an accurate status of my claim as I was fed up with the continual roller coaster ride and conflicting information I had been receiving over the past months in reference to the status of my claim. The VSR said she would put my request in the system and someone would contact me within 7-10 days. Needless to say, I didn’t hold my breath for the return phone call.

Anyway, the person that called me this morning informed me that my claim will be finished up this week and I would receive a decision letter within the next two weeks. After he gave me this information, I told him that I received a Fully Favorable on my SSDI claim last week and should I send the decision to the VA. He told me no as my claim would be sent back to the Pre-Determination Team and the entire claim process would start over from Day One. Somehow from his tone of voice and insistence of not sending the SSDI decision in, he was trying to tell me something.

Any suggestions or has anyone experienced this? I just found it very unusual that he called.

Thanx for lending an ear !!!

[jbasser]

Float it and wait until you get the letter from the VA. He is right about the pre determination team. Even if you get a lower percentage, you can submit the SSD award and the information used to obtain that award as evidence you are unemployable.

He may have also told you to wait as he jnows the rating but since it is not officially signed, cant tell you. If you have a VSR then they can find out as it will pass their desk soon.

Be watching the old bank accouunt also. The claim may have beed decided and the retro may suprise you when it hits the bank.

I believe your almost done.

J

[Pete53]

I think like you do the guy was trying to do you a favor although the chances are good that the decision will need some more work. However, even if you get 100% after you get your decision I would send a copy of the SSD Decision to the VARO just so that its there.

Good Luck

[poolguy11550]

100% right Pete. Send it in Cert. mail A.S.A.P don't trust that info. If the conditions for SSDI and the VA are the same then that info is 100% relevant no matter your % rating from the VA. I see this a lot at the R/O I work at and trust me, if SSA finds you disabled it is considered permanent and implied that you will not get better. You should know by now that an VA 100% rating either TDIU or scheduler is not really considered permanent. The VBA's thinking is that conditions get better or get worst. Did you get the name of the VBA employee? No matter, send an "iris" request and ask for a hold on the decsison until the evidence is in. You should get some reply that the manager cannot do that or something but they will pass on your request to the reating team. Good Luck.

[Pete53]

Poolguy:

Thank you for some insight into how it works at the VARO.I would have never guessed that the VA would consider SSD as Permanent.

I have a question for you. I filed my claim in 1991 and was awarded SSD about 4 months after I filed the claim. I informed the VA in my Notice of Disagreement in 1992 when I was turned down that SS had awarded me disability at that time it was reviewable after 5 years. In 1996 when I was awarded 100% P&T the rater made the effective date Oct 1993 or 27 months short of my original and continuous appeal. At the time I did not do anything cause before I had my Hearing I agreed not to appeal if I was awarded 100%.

Just before the year was up in 1997 I wrote a letter disagreeing with the effective date and the VARO wrote me back saying that it was to late to appeal and they used the wrong date that I appealed the final decision.

Do you think that I have a CUE?

Poolguy:

Thank you for some insight into how it works at the VARO.I would have never guessed that the VA would consider SSD as Permanent.

I have a question for you. I filed my claim in 1991 and was awarded SSD about 4 months after I filed the claim. I informed the VA in my Notice of Disagreement in 1992 when I was turned down that SS had awarded me disability at that time it was reviewable after 5 years. In 1996 when I was awarded 100% P&T the rater made the effective date Oct 1993 or 27 months short of my original and continuous appeal. At the time I did not do anything cause before I had my Hearing I agreed not to appeal if I was awarded 100%.

Just before the year was up in 1997 I wrote a letter disagreeing with the effective date and the VARO wrote me back saying that it was to late to appeal and they used the wrong date that I appealed the final decision.

Do you think that I have a CUE?

[poolguy11550]

Poolguy:

Thank you for some insight into how it works at the VARO.I would have never guessed that the VA would consider SSD as Permanent.

Only if exact conditions for both said claims. For example: a vet has won his claim for SSDI for PTSD however, he was only rated 60% by the VA. Yet he is awaiting appeal with the VBA (round two) it would be pretty hard for a reasonable person to still consider the vet 60% when the SSA standard is 100% or nothing.

However, if the vet won his SSDI claim for PTSD and sleep apnea secondary to obesity and he only a PTSD claim with the VA then it is a different ballgame.

Of chorse every VSR sees things differently.

[poolguy11550]

As to your question, were the conditions the same for both SSDI and VA? I dont really see a clear cut CUE, but the stipulation that you may have entered into with VA in dropping all existing claims if awarded 100% may have closed that door.