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What % Do You Have To Have To Get Ssdi

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Destia

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I was wondering what's the lowest percentage you have to have in order to get SSDI. I am 50% and I have not worked in 3 years. I have 30% PTSD and 30% for a nerve condition in my face (Trygeminal Neuralgia) requireing me to use oxcycodone 10mg every six hours. Can some one help me out on this question. Thanks in advance.

Caroline :D

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With SSDI there are no gray areas. Your disabled and can't work or you can.

In order to qualify you must not be able to do even sedentary work. You also must have earned 20 credits in the last 40 quarters worked. Five years prior to being determined by a Dr that your unable to earn a living.

With SSI benefits, Im not sure if you even need to be a US citizen, just not able to work.

If your short work credits. Your military service may help in some cases.

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I applied for and was granted SSDI within 6 months. I was/am not able to be gainfully employed in any capacity...No problem with this granting. VA is another story. They like to play mind deny games!

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Here's a little info on the difference between SSDI & VA claims right from their case:

We agree with all of the other circuits that have considered the question and hold that although a VA rating of disability does not necessarily compel the SSA to reach an identical result, 20 C.F.R. § 404.1504, the ALJ must consider the VA's finding in reaching his decision. The important question here is how much weight an ALJ must give the VA determination. The circuits have employed differing standards.

We agree with the approach of the Fourth, Fifth, and Eleventh Circuits and hold that in an SSD case an ALJ must ordinarily give great weight to a VA determination of disability. 1. We so conclude because of the marked similarity between these two federal disability programs. Both programs serve the same governmental purpose — providing benefits to those unable to work because of a serious disability. Both programs evaluate a claimant's ability to perform full-time work in the national economy on a sustained and continuing basis; both focus on analyzing a claimant's functional limitations; and both require claimants to present extensive medical documentation in support of their claims. Compare 38 C.F.R. § 4.1 et seq. (VA ratings) with 20 C.F.R. § 404.1 et seq (Social Security Disability). Both programs have a detailed regulatory scheme that promotes consistency in adjudication of claims. Both are administered by the federal government, and they share a common incentive to weed out meritless claims. The VA criteria for evaluating disability are very specific and translate easily into SSA's disability framework. Because the VA and SSA criteria for determining disability are not identical, however, the ALJ may give less weight to a VA disability rating if he gives persuasive, specific, valid reasons for doing so that are supported by the record. See Chambliss, 269 F.3d at 522 (ALJ need not give great weight to a VA rating if he "adequately explain the valid reasons for not doing so").

The record is fully developed and, giving great weight to the VA disability rating, a finding of disability is clearly required. Therefore, we hold that McCartey was disabled throughout the relevant period, and we reverse and remand to the district court with instructions to remand to the ALJ for payment of benefits.

http://openjurist.org/298/f3d/1072/mccartey-v-g-massanari

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