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100%with No Work Credit For Ssi

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Mr cue

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i have no work credit for ssi i have been disabilty since 93 i was hurt in service 22yr old i have noy work since than i was give 10% for 8 yrs 2001i was granted 60% unemployabe. so tell i guess all i have is my va payment or is there some thing else i should due i have cue claim about 93 .but want to no what i can do about ssi

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  • HadIt.com Elder

MRRRR5: What was the date the claim was filed?? What date did you use as disability onset date?? What date is on the decision?? Thanks!

pr

The decision letter states (verbatim) dated April 2008:

"We are writing to tell you that you do not qualify for disability benefits.

WHY WE CANNOT PAY YOU

You do not qualifiy for diability benefits because you have not worked long enough under Social Security.

We figure work under Social Security in credits. Please read the enclosed pamphlet, "How you earn Social Security credits", which explains how the credits are earned and how many a person must have to receive benefits.

Since you do not have enough work credits to qualify for benefits, we did not make a decision about whether you are disabled under our rules.

OTHER SOCIAL SECURITY BENEFITS

You are not entitled to any other Social Security benefits based on the application you filed. In the future, if you think you may be entitled to benefits, you will need to apply again."

It continue on about if you disagree, you have 60 days for date of letter to appeal, yada, yada, yada.

When we called the 1-800-number on the letter as well as the local office, and asked why they didn't say if she was disabled under SSA rules in the letter, they said that it would not matter since the credits were not enough, but verbally she would have "qualified" and they were sorry that they could not help us. Then we called several SS attorneys in the local area to ask them and they said the same thing about her not having enough credits and they could not help either.

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  • HadIt.com Elder

The SSA repeatedly stated I didn't have enough earned credits for SSDI in the denials I recieved over a two yr period.

I finally hired an attorney & he won the SSI award after my VA Pension started.

Ten yrs later, with the help of delta & other hadit members, I won the SSDI claim by proving the SSA didn't factor in my military credits. They paid the ten yrs back pay & granted SSDI.

I had all my pay stubs & could prove I earned 20 credits in one month less of 40 quarters.

Any error the SSA makes in processing your claim for disability, will have to pay retro back to the date you filed.

You recieve one credit for every four months of work. Thats four per yr. If you worked five years steady, prior to becoming disabled, than you have enough credits.

You can request the SSA send you a readout of all the years worked. It will show your earnings. If you have enough to qualify, request a hearing before a SSA judge & show the evidence.

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MRRRR5: What was the date the claim was filed?? What date did you use as disability onset date?? What date is on the decision?? Thanks!

pr

This SS claim was for my spouse; the answers are:

1) 3 April 2008

2) 5 October 2006

3) 13 April 2008

DAV Life Member - Thanks to all Veterans for your selfless service.

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Philip-you made an interesting point-as to ALLSUP.

I will sure keep that in mind-I guess that is why their success rate is so high-

Then again- a SSA attorney turn us down when we filed for reconsideration.

Rod was awarded SSA for a NSC Stroke. But when I questioned SSA as to how they decided his PTSD disability-they had not even considered it in the award for the CVA.

I asked if I could go to their office and read their rules and regulations.

They said I could have limited access to these books and a limited number of xeroxes.

I found in their regulations that the SSA is supposed to consider ALL disabilities they are aware of when they determine their SSA awards.

I copied off this page to use as evidence and prepared a reconsideration request for Rod. SSA had a form for this but when I called them for the form they discouraged Rod from taking this action.

I dont deal with negativity,so I prepared the request and I referred them to evidence that was still in the enormous stack of Rod's records at their local office.

Then we called an SSA attorney to seek his support.

Once we got to his office,he didnt even want to consider the evidence we had and said Rod would lose the reconsideration request.

More negativity-

we got home and I put the request into the mail.

Four months later SSA called and said Rod had succeeded and that his award was now for PTSD with a EED of one additional year of SSA.

I called the SSA lawyer and told him he just lost 4500 bucks.

He was surprised and very apologetic and assured me he would never look at a SSA PTSD claim again the same way.

But I knew what the evidence was for a SSA PTSD award-and this was all in my husband's med recs.

Philip -it just goes to show how even ALLSUP as in your sister's case you mentioned-and even SSA attorneys ,in what we experienced here ,can be wrong.

I am sure glad she succeeded-that is quite an award.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

MRRRR5: Thanks. Couple of more questions. When did she first become disabled and stop working?? What was her work history prior to that?? Thanks!

pr

This SS claim was for my spouse; the answers are:

1) 3 April 2008

2) 5 October 2006

3) 13 April 2008

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Just want to put my 2 cents in on SSI, It is not the same for everyone.

Example: I worked out of high school 6 months went in service 6 years disability surfaced 8 weeks after discharge when I was already working. So 27 SSA credits.

While on VA rehab drew SSI. After VA rehab program employed Fed, no SS credits on Fed retirement, retired again on disability 1996. Start receiving SS letters have 28 credits, turn 62 get SS letter in 2005 I'm eligible for SS. Called SS, they say since I previously was on disability I didn"t need 40 quarters.

Go to local office get their statements in signed written letter.

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