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Do You Think That I Can Get Permanent And Total Using:

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Cherie33

Question

I received a letter from Social Security stating "Notice of Attorney Advisor Decision - Fully Favorable" dated Aug 21, 2009. (Basically, I was awarded ssdi from Jan 1, 2006)

Does anyone think that I can use this as evidence of being Permanent and Total? I am already 70% + IU.

Thanks,

Cherie33

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I received a letter from Social Security stating "Notice of Attorney Advisor Decision - Fully Favorable" dated Aug 21, 2009. (Basically, I was awarded ssdi from Jan 1, 2006)

Does anyone think that I can use this as evidence of being Permanent and Total? I am already 70% + IU.

Thanks,

Cherie33

i cant see where it would hurt at all . i have had the bva ask for my social security records and whether they tipped the scales in my favor i do not know.

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Well,

The decision letter that I received from SS, is very precise. It spells out every doctors appointment, every comment, that each of my doctors stated, each form of medical evidence considered. I was thinking of sending a copy of the 7 page decision letter they sent me, to assist in being awarded P & T.

Also, I have seen veterans be awarded P & T without being 100%. For example: 70% + IU P&T

I don't see what the problem could be by just asking for the Permanent and Total rating be added to my already 70% + IU.....and submitting the SS letter. Isn't it usually harder to use VA medical evidence to convince the SS. Besides, the SS never even sent me to see one of their doctors. They based their decision solely on my VA doctors statements, opinions as well my diagnosis and the medication I have been placed on, and the many time I spent hospitalized.

Cherie33

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Cherie

A potential problem arises when SS awards benefits for a condition that is NOT service connected..the VA uses this to deny, suggesting that you are IU but for reasons which are not service connected. Carefully read the SS award letter and make sure that you are service connected by the VA for the conditions which the SS lists as disabling you. If SS says you are disabled for arthritis, for example, but the VA says you are SC for PTSD, (but denied your SC for arthritis) then I would NOT recommend using SS for evidence..use something else.

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Ok. here is the breakdown, My current VA disabilies are as follows:

50% - Major Depressive Disorder with psychotic features

30% - Irritable Bowel Syndrome (IBS)

Individual Unemployability

Which = 70% + IU

The Social Security Letter States:

The claimant has the following severe impairment(s): recurrent major depression with psychotic features(vs. a schizoaffective disorder, depressed type); a post traumatic stress disorder with agoraphobia; irritable bowel syndrome; migraine headaches; gastroesophageal reflux disease; and seizure disorder (vs. psychogenic pesudoseizures) (20 CFR 404.1520©).

All of which I am being treated for through my VA doctors, who have said that I will probably never work again.

So, how should I approach this?

Cherie33

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Ok. here is the breakdown, My current VA disabilies are as follows:

50% - Major Depressive Disorder with psychotic features

30% - Irritable Bowel Syndrome (IBS)

Individual Unemployability

Which = 70% + IU

The Social Security Letter States:

The claimant has the following severe impairment(s): recurrent major depression with psychotic features(vs. a schizoaffective disorder, depressed type); a post traumatic stress disorder with agoraphobia; irritable bowel syndrome; migraine headaches; gastroesophageal reflux disease; and seizure disorder (vs. psychogenic pesudoseizures) (20 CFR 404.1520©).

All of which I am being treated for through my VA doctors, who have said that I will probably never work again.

So, how should I approach this?

Cherie33

Cherie,

Do you have a good relationship with your doc's.

Do you think they would write a letter of support

and state in their medical opinion your conditions

are static in nature, (little room for improvement)?

That would be good too for P&T.

jmho,

carlie

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