Received Call From Attorney And She Said:

[Cherie33]

Hi Everyone,

Need your thoughts on this. I filed for Social Security Disability a few years ago, using a lawyer. First, I received a "copy" of a 6 page letter that was sent to the Judge explaining my disabilities, and why my disabilities matched the SS disability policies, in certain SS manuals. I received a call from my attorney and she told me that the Judges office called and said that they are offering to grant a SSD award with retro back to Jan. 1, 2006. She said that I would be receiving a letter from her office and from the Judges office. She also said that I didn't have to accept this offer, that I could say no and wait until the Judge scheduled a hearing and take my chances on thre Judges reopening a claim that I made in 2004 and possibly awarding me an additional 31 months of benefits. Well, my initial 2004 claim was denied and I did some self employment fro a while. So, I decided to take the retro back to Jan. 1 2006 (or June 2006). She said that I am eligible for Medicare benefits as of June 2008. I figured, that I didn't want to wait until a judge scheduled a hearing and there was no guarantee that he would go back that far any way, because if they thought my evidence was strong enough for retro back to 2004 (or whatever) they would probably have granted it.

So what do you all think about that? Also, how long do you think it will take for me to find out how much retro I will receive, when I will receive it and how much benefits will I receive monthly? Also, will I be forced to get Medicare Part D, as I get my medication from the VA free. And, can I use this favorable award to get Permanent and Total from the VA, since I am currently 70% + IU?

Thanks in advance for your thoughts and help.

Cherie33

[jbasser]

It is up to you as far as your decision to take the deal.

You can call SSA and ask them to tell you what you would receive monthly and back to 06 to figure out the retro. There is a 5 month waiting period after the decision date so the pay date will be the decision date plus 5 months. June 1st 2006 maybe.

It should take about 15 to 30 days for the judge to send you a letter on the decision. ( He sends the ssa the dame decision at the same time yours is sent.) It will take about a month or two to get the retro.

It may help the P and T as long as the issues you are on SSDI are the same issues you are service connected for.

J

Edited August 18, 2009 by jbasser (see edit history)

[WHOLESALE]

Hi Everyone,

Also, how long do you think it will take for me to find out how much retro I will receive, when I will receive it and how much benefits will I receive monthly? The amount of your monthly check is determined by your past average earnings. SSD sent me this info before I was granted. Your lawyer might have this information.

And, can I use this favorable award to get Permanent and Total from the VA, since I am currently 70% + IU? Yes, this will add some weight to your claim unless your SSD is for something different.

frank

[LarryJ]

And, if it makes you feel any better, I think, personally, that you did the best thing by accepting their so-called "offer" (they aren't, by law, supposed to be making "offers", but what-the-hey, it works for you, right?).

And, as previously stated, you may not have had the necessary facts to allow them to go all the way back to square one, and if they/you did, then it'd take FOREVER to get it sifted out!

Kinda reminds me of when my wife thinks that she is getting a really good deal, when shopping.........flee before someone wakes up and finds out what really happened!

"START THE CAR, LARRY, START THE CAR!

"Take The Money and Run, Son. Take The Money and Run."

[WHOLESALE]

I agree, I would have just taken the offer. Who know's how long it would take if you didn't go ahead and accept it. Might even piss off judge too so don't won't to do that.

frank

And, if it makes you feel any better, I think, personally, that you did the best thing by accepting their so-called "offer" (they aren't, by law, supposed to be making "offers", but what-the-hey, it works for you, right?).

And, as previously stated, you may not have had the necessary facts to allow them to go all the way back to square one, and if they/you did, then it'd take FOREVER to get it sifted out!

Kinda reminds me of when my wife thinks that she is getting a really good deal, when shopping.........flee before someone wakes up and finds out what really happened!

"START THE CAR, LARRY, START THE CAR!

"Take The Money and Run, Son. Take The Money and Run."

[halos2]

Cherie,

I agree with the majority...take the money and run. You play a crap shoot if you try to go back, and the new evidence is what most likely resulted in your award anyway. Much better to go with the sure bird in the hand.

Being challenged with the govt system(ie VA SSA), results in years of waiting, gathering evidence, having exams done, and dealing with denials, low-balling, and appeals. There comes a time when you must look at what is the best route for you to take today? What is the best decision for you now, and for your family? Would it benefit you in your life now, or do you want to put yourself through more possibilities of rejections and denials. My opinion if it were me would be accept the sure thing, and be happy you were offered this. :D

Hi Everyone,

Need your thoughts on this. I filed for Social Security Disability a few years ago, using a lawyer. First, I received a "copy" of a 6 page letter that was sent to the Judge explaining my disabilities, and why my disabilities matched the SS disability policies, in certain SS manuals. I received a call from my attorney and she told me that the Judges office called and said that they are offering to grant a SSD award with retro back to Jan. 1, 2006. She said that I would be receiving a letter from her office and from the Judges office. She also said that I didn't have to accept this offer, that I could say no and wait until the Judge scheduled a hearing and take my chances on thre Judges reopening a claim that I made in 2004 and possibly awarding me an additional 31 months of benefits. Well, my initial 2004 claim was denied and I did some self employment fro a while. So, I decided to take the retro back to Jan. 1 2006 (or June 2006). She said that I am eligible for Medicare benefits as of June 2008. I figured, that I didn't want to wait until a judge scheduled a hearing and there was no guarantee that he would go back that far any way, because if they thought my evidence was strong enough for retro back to 2004 (or whatever) they would probably have granted it.

So what do you all think about that? Also, how long do you think it will take for me to find out how much retro I will receive, when I will receive it and how much benefits will I receive monthly? Also, will I be forced to get Medicare Part D, as I get my medication from the VA free. And, can I use this favorable award to get Permanent and Total from the VA, since I am currently 70% + IU?

Thanks in advance for your thoughts and help.

Cherie33

[Cherie33]

Thank you so much my fellow veterans! I was thinking along the same lines. I did accept the "offer" so I'm just going to wait for the official letter and hopefully will get my retro soon.

It would be nice to know how much my monthly benefit will be. And, if I will have to apply for Medicare Part D.

Cherie33

[vmo]

Kinda like football. Never take points off the board. Take the money and...."run Forest, Run!!"

[Pete53]

Taking the offer and establishing your entitlement does not preclude appealing after you are getting your money unless they have something about the deal in writing and I think that they are not supposed to make deals.

[Berta]

Cherie- if this award from SSA is based on all of your SC disabilities-it should help tremendously in getting TDIU at the 100% comp rate. Have you formally applied yet for TDIU on the 21-8940 form?

I think you made a good decision-then again we questioned a SSA award retro date and the SSA told me that my husband could even lose the SSA award he had, if we filed a reconsideration on his standing SSA award.

We saw a SSA lawyer who right away told us my husband didnt have a chance for a different award and a better SSA retro date.

Rod and I talked it over -he had PTSD and significant brain damage from a stroke so it was difficult for him to determine

if he should pursue the recon request.

I was angry that the SSA appeared to threathen his award if he did file it.He put his faith in me and I immediately filed the request and he read it and signed it.

4 months later he got new SSA award for PTSD and about 17,000 more retro.The SSA PTSD findings were instrumental in a posthumous 100% PTSD award.

In your case however- you could have taken a chance as we did-

but as you said maybe the evidence was not as strong in 2004 as in the retro date they gave you-

I commend your thinking there-

and it is quite possible SSA would not have gone back that far.

You did good here.

I dealt with a lot of personal stress when I told Rod he should go through with the recon request -not knowing what the outcome could be and worse yet-their threat that he could possibly lose what he had from SSA was looming over my head all the time-(but I found no evidence the SSA could attempt to do that)

I am sure this SSA ordeal gave you stress too-

There might be a way to determine your benefit or at least a good guess at the SSA web site and they could perhaps answer your Medicare question as to Part D.

It should not take too long for the retro to come-

but it could be months and not weeks-hope not-

Rod's first SSA came in 5 months but the recon retro came a few weeks later after they awarded the new SSA award.

[BoonDoc]

I filed with SSA for all of my SC disabilities that make me un-employable; I didn't get one of the SC'ed disabilities on my SSDI award. I took it anyway, I had a wife and three children to feed; I wish I had questioned the fact that my SC'ed disabilities are not on my SSDI award, since the VA has used this against me in my claim for TDIU. Can you find out if your SC'ed disabilities are in the SSDI award before signing off? This will help you getting TDIU, or 100%, as others have stated.

BoonDoc

Edited August 18, 2009 by BoonDoc (see edit history)

[carlie]

Cherie,

I feel you made a good decision for now in accepting a Fully Favorable SSA decision.

As Pete stated - unless you sign something in writing regarding this "deal" then a bit down

the road you can appeal the effective start date of your SSA benefits.

If you have the opportunity you can discuss this with your current lawyer, since after all

they are already going to get paid.

jmho,

carlie

[WHOLESALE]

I agree with Pete :D

Taking the offer and establishing your entitlement does not preclude appealing after you are getting your money unless they have something about the deal in writing and I think that they are not supposed to make deals.

[john999]

You don't have to take Part D if you have veterans medical benefits. The VA sent us a letter when Part D came out saying we did not have to sign up for Part D because our pharma benefits were considered to be at least as good as Part D. Maye one day Part D will be worth getting and then you could get it with no penalty. You have to decide about Part B which I think is worth the money. This gives you a pretty good option if you don't like what the VA is doing for you. I probably have too much medical insurance but my wife was in the hospital for a week and we did not pay a dime due to BCBS and champva. Medicare and champVA coordinate so you don't pay a dime for most care. ChampVA provides a drug benefit so if you get P&T you will never need part D anyway.

[Cherie33]

Cherie- if this award from SSA is based on all of your SC disabilities-it should help tremendously in getting TDIU at the 100% comp rate. Have you formally applied yet for TDIU on the 21-8940 form?

I think you made a good decision-then again we questioned a SSA award retro date and the SSA told me that my husband could even lose the SSA award he had, if we filed a reconsideration on his standing SSA award.

We saw a SSA lawyer who right away told us my husband didnt have a chance for a different award and a better SSA retro date.

Rod and I talked it over -he had PTSD and significant brain damage from a stroke so it was difficult for him to determine

if he should pursue the recon request.

I was angry that the SSA appeared to threathen his award if he did file it.He put his faith in me and I immediately filed the request and he read it and signed it.

4 months later he got new SSA award for PTSD and about 17,000 more retro.The SSA PTSD findings were instrumental in a posthumous 100% PTSD award.

In your case however- you could have taken a chance as we did-

but as you said maybe the evidence was not as strong in 2004 as in the retro date they gave you-

I commend your thinking there-

and it is quite possible SSA would not have gone back that far.

You did good here.

I dealt with a lot of personal stress when I told Rod he should go through with the recon request -not knowing what the outcome could be and worse yet-their threat that he could possibly lose what he had from SSA was looming over my head all the time-(but I found no evidence the SSA could attempt to do that)

I am sure this SSA ordeal gave you stress too-

There might be a way to determine your benefit or at least a good guess at the SSA web site and they could perhaps answer your Medicare question as to Part D.

It should not take too long for the retro to come-

but it could be months and not weeks-hope not-

Rod's first SSA came in 5 months but the recon retro came a few weeks later after they awarded the new SSA award.

Hi Berta,

I have 70% + IU and being compensated at the 100% rate already. I want to get P & T added to my IU award. So, I was hoping that when I receive my letter from Social Security that I can send it right in to the VA and request P & T. I'm pretty sure Social Security used the same disabilities that the VA rated at, because they used all of my VA medical records. Since, of course I don't have any other insurance and have always seen VA doctors since becoming disabled in 1994.

And it really has been stressful, I'll be glad when it is official, then I can get on with my life.

My sunshine "Grandmother" passed away on Aug. 5, and I've been dealing with that. Wow, it is so difficult. My grandmother meant the world to me.

Anyway, thanks all for your responses.

Cherie33

[knifestuff]

Made a good call, I think. Although not conclusive, a SSA ruling can sure be persuasive w/ the VA.