Turned Down On Initial Claim

[huskerfanfl]

Well, I had a feeling it was coming. I submitted a claim for disability and was turned down.

I am currently rated at 90% by the VA (actually 93% rounded down). 10% for each knee, 30% for my right shoulder, 20% for my lower back, 10% for my right hip and ankle, 10% tinnitus, 10% for a skin condition, 10% for a blurriness in left eye which gives me a headache unless I close or cover the eye when reading etc., 10% for GERD and 70% for Depression/anxiety. I know for a fact that the VA has noted that I have 3 - 5 anxiety attacks per week and my panic attacks when out in public.

When I listed my jobs for the last 15 years they were Vocational Rehabilitation Instructor, Army Operations Sgt, Stocker/Truck Unloader at Walmart, supervisor at a pizza business, and cashier at a convenience store.

So, I get this denial letter and it says that my anxiety and depression are not that bad, that my left eye is not show a severe impairment, the other stuff means I may not be able to lift stuff, and that "although you may me nervous and depressed at times...Based on your description of your past work as a cashier, we have concluded that you have the ability to perform this job."

I was surprised the 3 - 5 anxiety attacks per week and panic attacks when I am out in public equated in their minds (or the idiot who read my records) to nervousness.

I was even more surprised that they told a person who has a bad back, bad knees, a bad hip, and bad ankle that he can manage to stand and be a cashier (or even sit and be a cashier for that matter). It would be worth dropping this whole thing if the head of the regional office of social security had the pain I deal with on a daily basis with no pain pills because of the depression (my choice).

Enough ranting, I called a lawyer an hour after reading the decision.

[allan]

It's common for SSA to deny the first and second time around.

You'll need a Dr to write that you are not capable of doing even sedentary work.(part time)

You can also apply for Voc-rehab Independent Living Services(ILS). In order to qualify for ILS, the VA will examine you & must determine that you are not eligible for Voc-Rehab training for work.

This determination says you cannot earn a living and may help you receive SSA benefits.

[carlie]

huskerfanfl,

I agree with signing up with a lawyer or a firm.

They are paid out of your first check, so you don't need any money up front

and the laws govern a capped amount or percentage they can charge you.

I would do this now so the lawyer can file your appeal to SSA.

Your appeal will most likely need to go before a SSA Administrative Law Judge (ALJ)

for a hearing, prior to being granted as Fully Favorable.

Chances are also good that you will not personally have to attend the hearing

and the lawyer will be there to present and argue your appeal.

SSA will most likely lump all of your medically disabilities together, not just

focus on one or two things but as they are all added up together it presents

a much clearer picture of total disability for SSA purposes.

**** When did you leave the work force?

**** When did you first file for SSDI/SSA benefits?

Try not to feel down and out.

You don't realize it now so I want to point something out to you - that may sound crazy.

Even though your SSA claim has not progressed as far as you were hopeing,

the claim has still progressed.

Why do I say that?

Because now,you have received the (generally) standard denial on an original claim,

now you are past that first hurdle - that the majority of all SSA applicant's must go thru.

Get a lawyer and keep moving forward - don't put it off !

carlie

[huskerfanfl]

Thank you all for your replies. I am just waiting for the paperwork to sign to allow the law office to represent me. I am going to send them my headache diary as well as a letter outlining why I disagree with the decision (there is an awful lot of "the evidence does not show" statements in the letter. I know that the evidence does show. My favorite part of the letter is where it states I may be nervous and depressed at times. I have been diagnosed with MDD and the records indicate that I suffer 3 - 5 headaches per week. I am going to include the requirements for a 70% rating from the VA, which I have. While I am sure the law firm is aware of the requirements, I will feel better if I send it.

[carlie]

huskerfanfl,

Always, always, always, it's your claim... BUT

I think I would be a bit careful pointing out a 70% VA rating criteria to SSA -

I'm sure they already know it and you have to keep in mind

SSA doesn't grant any disability by percentage.

With SSA it's all or nothing at all.

I do see your personal point in wanting to refer to the 70% criteria.

Also, now that you're retaining legal councel to represent your

SSA appeal - it would be in your best interest,

NOT TO SUBMIT ANYTHING AT ALL to SSA - UNLESS you run it by

and get an OK from your legal representative first

Even at that - it would be better for you to let your legal representative submit it.

Sometimes we can really shoot ourselves in the foot without

being aware of what we are about to do.

Your SSA representative will only collect money if they can get you

awarded as Fully Favorable.

So let them earn their money and don't give SSA anything they

can possibly turn around and use to support an adverse decision.

jmho,

carlie

[huskerfanfl]

I apologize for not being clear. I am not going to send a thing directly to SSA without my lawyer telling me to. What I am sending out is going to the attorney's office to make sure that they know what I view as incorrect in the decision and why. They will decide what to send to the SSA. The law firm I am using has plenty of experience with the SSA and very little with the VA

[carlie]

WRONG! Contact a Veterans Service Organization (VSO). They have Veteran Service Officer's paid by the organization, DAV, VFW, American Legion, etc., not by the VA and they work for you for FREE! And you do not have to be a member to get their help.

Veteran Service Organizations

I'm a member of DAV. I'm sure all VSO's have similar objectives.

DAV website

Click the Get Claim Assistance link.

"DAV National Service Officers (NSOs) can assist veterans in filing claims with the VA, free of charge."

"NSOs function as attorneys-in-fact, assisting veterans and their families in filing claims for VA disability compensation and pension; vocational rehabilitation and employment; education; home loan guaranty; life insurance; death benefits; health care and much more. They provide free services, such as information seminars, counseling and community outreach. NSOs also represent veterans and active duty military personnel before Discharge Review Boards, Boards for Correction of Military Records, Physical Evaluation Boards and other official panels."

I know for a fact the a DAV NSO receives no pay from the VA. Many do have offices at the VA but they work for you, the vet!

Old Hippie,

This topic thread addresses SSA benefits NOT VA !

carlie