Jump to content

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

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ssd Just As Bad?

Rate this question


yoggie2

Question

I have been waiting on my SSD back pay to hit the bank, I received letter today that was telling me what I'll make and what benefits I am entitled to ect. I kept on reading and found that SSD cut my back pay all to pieces they had me down as still receiving workers comp for the last 3 years (hadn't seen a dime of comp in over 2+years)and deducted the excess that exceeded the 80% that I was originally making when I was working that I was a loud to make under SSD guide lines. Well they like to part with there money about as much as the VA, they had cut my back-pay down to 75% of what I was suppose to get and to beat it all they drop a screw job like this on me on a Friday when you can't get hold of a sole... Just like the VA they owe ya but looking for ways to keep it..Yog

Edited by yoggie2

GENERAL GEORGE S. PATTON, JR.

"Do more than is required of you."

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

Man! That sucks!!

I think they do a Worker's Comp offset for Social Security. But you said that they had you down as receiving Worker's Comp for the last three years. Were you NOT getting it? If so - you can appeal the amount, and have it recalculated. I am not sure how long this will take though.

And it has been my experience that once SSA makes a decision, they somehow keep gravitating back to it.

Quite a few years back - they said my son had been over paid SSI, based on my income (that was "deemed" to him while he was under 18). But they based that decision on what they ESTIMATED my earnings were. They began taking $50 a month out of his checks.

I took in PROOF of my earnings. They told me that the estimates had been "confirmed" and they didn't know if they could change it.

???? How in the world can you CONFIRM an estimate??? And why in the world were they using estimates when they can pull up actual pay records?

Anyway - I finally got them to accept the proof - and they sent us a check for over $900 (money that they had taken away in error.

Guess what? The NEXT month - we got a letter that he had been OVERPAID - the EXACT amount of the check they had just sent us. So they didn't change SOMETHING in the record - sent us the check - and then considered it an overpayment.

It was an obvious error - but I didn't fight it back then. I just figured they would keep going through the same loop, giving it to us and then wanting it back. So I figured I might as well let them take it back then if they wanted it that bad.

Today - I woud fight it. Thank God for places like hadit and even the internet. Back then, you had to go to the library and look in the law books to find anything out.

Free

I have been waiting on my SSD back pay to hit the bank, this I received letter today that was telling me what I'll make and what benefits I am entitled to. I kept on reading and found that SSD cut my back pay all to pieces they had me down as still receiving workers comp for the last 3 years and deducted the excess that exceeded the 80% that I was origanaly making when I was working that I was a loud to make under SSD guide lines. Well the like to part with there money abut as much as the VA, they had cut my back pay down to 75% of what I was suppose to get and to beat it all they drop a screw up like that on me on a friday when you can't get hold of a sole... Just like the VA..Yog
Think Outside the Box!
Link to comment
Share on other sites

Man! That sucks!!

I think they do a Worker's Comp offset for Social Security. But you said that they had you down as receiving Worker's Comp for the last three years. Were you NOT getting it? If so - you can appeal the amount, and have it recalculated. I am not sure how long this will take though.

I haven't received comp in 2 1/2 years.I called my lawyer and he said the same thing it was all screwed up, he had got the same letter and he had gotten paid as well, I still aint got crap from them. He said they are saying I paid them back in full but i still owe them but they are going to pay me full bene's even though I am still receiving monthly $$1235.00 comp?? I have been on welfare for 2 years and haven't had a thin dime of comp or income in 2 and half as far as they are concerned, insane I just wish one thing would go right just one.... Rich

Edited by yoggie2

GENERAL GEORGE S. PATTON, JR.

"Do more than is required of you."

Link to comment
Share on other sites

That REALLY sucks then!! The lawyer got paid way before you did? Geez...

Hopefully the lawyer can get this straightened out pretty quickly. And hopefully they can pay you what they THINK they owe you - and not hold the whole thing up while figuring the rest of it out.

I am appalled that people who make a living figuring these things out do it so poorly sometimes.

Similar to them thinking you were drawing Worker's Comp - when you weren't ---

Back when my son was under 18 - they did an offset for Child Support on his SSI. The Court records clearly showed that my ex was ordered to pay $237 per month and was paying $50 per month.

The print out each month showed:

Support Ordered - $237 / Support Paid - $50 / Arrearage - $187

Then it kept a running total of the arrearage.

Social Security sent us a notice that his benefits were being reduced based on the FULL amount of support - even the part that he wasn't getting.

I got print-outs from the court - took them to the office and SHOWED them - SEE!! He is NOT GETTING $237 a month. That is what is ORDERED! He is GETTING $50 a month. That is what is being PAID!

Even when I showed it to them in black and white - the worker kept telling me - But the $237 has been CONFIRMED! We have an employee whose job it is to go to the court house and CONFIRM these things. (I think they just pull it up on the computer now).

I eventually won - but had a hard time convincing them that what had already been "confirmed" was not true.

I think once and SSA employee "confirms" something - they don't even have to document much about it EXCEPT that it has been confirmed.

I was appalled that the employee whose JOB IT WAS to confirm these things didn't even know how to read the records at the court.

I have no idea how many children who received child support (but did not get the full amount) also had their benefits reduced because the employee only went by the amount ordered, and didn't even know how to look to see if the child had actually RECEIVED it.

But again - it is hard for them to see past what they have already "confirmed."

And again - I hope your lawyer can get this straightened out pretty quickly.

Which leads me to my next question - As your attorney was paid a portion of your back benefits -will his services include following through with this part at no extra charge, or will you have to pay more to get this settled?

Free

I haven't received comp in 2 1/2 years.I called my lawyer and he said the same thing it was all screwed up, he had got the same letter and he had gotten paid as well, I still aint got crap from them. He said they are saying I paid them back in full but i still owe them but they are going to pay me full bene's even though I am still receiving monthly $$1235.00 comp?? I have been on welfare for 2 years and haven't had a thin dime of comp or income in 2 and half as far as they are concerned, insane I just wish one thing would go right just one.... Rich
Think Outside the Box!
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use