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

[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.