Appeals Management Center Letter

[Sidney56]

I have a claim for mental condition(mood disorder)that was remanded by the BVA to the AMC in March of this year. I received a letter a couple of months ago stating that they had requested my records from the Social Security Dept, which would probably take several months to receive.

I sent records a couple of weeks back from my va psychiatrist that is treating me now, where she states that I am unemployable and in need of home health services due to my mental condition.

I received a letter today dated August 25, 2009 as follows:

Dear Mr. xxxxx:

We are working on your claim dated March 11, 2009.

What Have We Done?

We have made a second request for copies of your disability medical records from Social Security. It may take several months to receive a response.

I have already been informed by SS that I can't receive SS disability due to the fact that I don't have enough work credits to qualify. My question is; Can I speed this process along by going to the SS dept and have them send their records, or get a copy and send them myself?

If I don't receive SS disability, what records are for them to send. I'm a bit confused. Not that hard for me though.

[sharon]

It will not help for you to send the records yourself, however, you can go to the local office and have them send the report to the VA.

[Philip Rogers]

Sidney56: chances are SS lied to you! I don't know your situation but unless you never worked you probably qualify. The key is using the last date you worked as your disability date. SS lies all the time. They get you to use the date you apply as your disability date. Most haven't worked in yrs, prior to applying. I need more info to point you in the right direction.

pr

I have a claim for mental condition(mood disorder)that was remanded by the BVA to the AMC in March of this year. I received a letter a couple of months ago stating that they had requested my records from the Social Security Dept, which would probably take several months to receive.

I sent records a couple of weeks back from my va psychiatrist that is treating me now, where she states that I am unemployable and in need of home health services due to my mental condition.

I received a letter today dated August 25, 2009 as follows:

I have already been informed by SS that I can't receive SS disability due to the fact that I don't have enough work credits to qualify. My question is; Can I speed this process along by going to the SS dept and have them send their records, or get a copy and send them myself?

If I don't receive SS disability, what records are for them to send. I'm a bit confused. Not that hard for me though.

[LarryJ]

It will not help for you to send the records yourself, however, you can go to the local office and have them send the report to the VA.

I don't know Sharon. The VA and SS were supposed to be swapping my reports back and forth for 5 years. The VA all the time claiming that they DIDN'T have at least THREE copies of my SS award. They finally had to acknowledge that they were, IN FACT, in possession of my SSA records, ONLY after I went, in person, to my local SSA office, physically got a copy of my SSA records, got back in my car and drove 100+ miles to the VARO in Waco, walked in, handed the SSA files to the clerk, and stood there (they WANTED me to leave and they would "make sure that these records get to the right person, yooooooy don't neeeeeed to woorrrrry! yeah, right!) while they copied them (oh, geez, this copier is out of toner, can you just leave the SSA "stuff".......NOOOOOOO!) well, gosh, I'll have to go all the way to the back of the building and make these copies and that'll leave my desk unattended........soooooo, hurry then, dammit!

Finally, they HAD to give me my copy with their acknowledgement that they received it (geeeee, sir, it seems I just can't FIND that darn date stamp........then you date it, by hand, AND SIGN YOUR NAME TO IT!)

THEN, THEN they acknowledged that they had my SSA records, and 3 weeks later, kaaaaching$$$$$$$$$!

[Sidney56]

Sidney56: chances are SS lied to you! I don't know your situation but unless you never worked you probably qualify. The key is using the last date you worked as your disability date. SS lies all the time. They get you to use the date you apply as your disability date. Most haven't worked in yrs, prior to applying. I need more info to point you in the right direction.

pr

Thanks Sharon...that is exactly what I will do tomorrow morning. I don't know if them having the records in hand will speed the processing up, but it is worth a try.

@Phillip....thanks for your reply. Yea, Pete had told me the same thing awhile back, and I filed with a 2004 date including my military service for '73 to '76 and they say I still do not have enough credits.

[Commander Bob]

I am surprised the VA does not send off for you SS records upon your request. They share info with a lot of other agencies.

http://www.rms.oit.va.gov/SOR_Records/58VA21_22.asp

Edited August 31, 2009 by Commander Bob 92-93 (see edit history)

[Sidney56]

I am surprised the VA does not send off for you SS records upon your request. They share info with a lot of other agencies.

http://www.rms.oit.va.gov/SOR_Records/58VA21_22.asp

Thanks Commander for your reply....they said that they have requested the records from SS twice. I'm going to take Sharon's advice and make a visit to the SS office and request them to send the records personally.

I wish I could get the VA to respond to request as fast as I get responses on Hadit.

[john999]

With SSD I think you have to have worked a certain number of quarters in the last ten years. I know their is some rule like that to make everything harder. I got my SSD records and I submitted them myself. I did not wait. I got all my own records including voc rehab, SSD, federal disability retirement, proof of my last day of work, a certified copy of my DD214 and I submitted it to the VA myself because they were stalling and saying they did not have this or that blah, blah.

The VA is supposed to send off for your SSD records if you tell them you are on SSD. It takes months if not years. Same with any disability retirement you might have from a civilian job. Sometimes they accept records you submit yourself, and sometimes they don't. If you are going for IU then SSD records establish for sure the last day you worked due to disability.

[Sidney56]

With SSD I think you have to have worked a certain number of quarters in the last ten years. I know their is some rule like that to make everything harder. I got my SSD records and I submitted them myself. I did not wait. I got all my own records including voc rehab, SSD, federal disability retirement, proof of my last day of work, a certified copy of my DD214 and I submitted it to the VA myself because they were stalling and saying they did not have this or that blah, blah.

The VA is supposed to send off for your SSD records if you tell them you are on SSD. It takes months if not years. Same with any disability retirement you might have from a civilian job. Sometimes they accept records you submit yourself, and sometimes they don't. If you are going for IU then SSD records establish for sure the last day you worked due to disability.

Tks John....I never told VA that I was on SSD. I am filing for IU, but I thought they were just trying to verify if I ever was on SSD.

Yea, that is the reason that they said they denied me, not enough quarters in the specified period.

[allan]

Sidney,

You can request an earnings statement for all the years you've worked from the SSA office to make sure they are being straight with you.

This will show how many credits you earned during your lifetime.

How many work credits were you short?

**************************************************************

Work credits needed for disability benefits

https://www.socialsecurity.gov/retire2/credits3.htm

Extra earnings

Your Social Security benefit depends on your earnings, averaged over your working lifetime. Generally, the higher your earnings, the higher your Social Security benefit. Under certain circumstances, special earnings can be credited to your military pay record for Social Security purposes. The extra earnings are for periods of active duty or active duty for training. These extra earnings may help you qualify for Social Security or increase the amount of your Social Security benefit.

If you served in the military after 1956, you paid Social Security taxes on those earnings. Since 1988, inactive duty service in the Armed Forces reserves (such as weekend drills) has also been covered by Social Security.

Under certain circumstances, special extra earnings for periods of active duty from 1957 through 2001 can also be credited to your Social Security earnings record for benefit purposes.

From 1957 through 1967, we will add the extra credits to your record when you apply for Social Security benefits.

From 1968 through 2001, you do not need to do anything to receive these extra credits. The credits were automatically added to your record.

After 2001, there are no special extra earnings credits for military service.

The information that follows explains how you can get credit for special extra earnings and applies only to active duty military service earnings from 1957 through 2001.

From 1957 through 1977, you are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay.

From 1978 through 2001, For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. If you enlisted after September 7, 1980, and didn’t complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with Social Security for details.

If you served in the military from 1940 through 1956, including attendance at a service academy, you did not pay Social Security taxes. However, your Social Security record may be credited with $160 a month in earnings for military service from September 16, 1940, through December 31, 1956, under the following circumstances:

You were honorably discharged after 90 or more days of service, or you were released because of a disability or injury received in the line of duty; or

You are still on active duty; or

You are applying for survivors benefits and the veteran died while on active duty.

You cannot receive credit for these special earnings if you are already receiving a federal benefit based on the same years of service. There is one exception: If you were on active duty after 1956, you can still get the special earnings for 1951 through 1956, even if you’re receiving a military retirement based on service during that period.

These extra earnings credits are added to your earnings record when you apply for Social Security benefits.

NOTE: In all cases, the additional earnings are credited to the earnings that we average over your working lifetime, not directly to your monthly benefit amount.

http://www.ssa.gov/pubs/10017.html

[Sidney56]

Sidney,

You can request an earnings statement for all the years you've worked from the SSA office to make sure they are being straight with you.

This will show how many credits you earned during your lifetime.

How many work credits were you short?

**************************************************************

Work credits needed for disability benefits

https://www.socialsecurity.gov/retire2/credits3.htm

Extra earnings

Your Social Security benefit depends on your earnings, averaged over your working lifetime. Generally, the higher your earnings, the higher your Social Security benefit. Under certain circumstances, special earnings can be credited to your military pay record for Social Security purposes. The extra earnings are for periods of active duty or active duty for training. These extra earnings may help you qualify for Social Security or increase the amount of your Social Security benefit.

If you served in the military after 1956, you paid Social Security taxes on those earnings. Since 1988, inactive duty service in the Armed Forces reserves (such as weekend drills) has also been covered by Social Security.

Under certain circumstances, special extra earnings for periods of active duty from 1957 through 2001 can also be credited to your Social Security earnings record for benefit purposes.

From 1957 through 1967, we will add the extra credits to your record when you apply for Social Security benefits.

From 1968 through 2001, you do not need to do anything to receive these extra credits. The credits were automatically added to your record.

After 2001, there are no special extra earnings credits for military service.

The information that follows explains how you can get credit for special extra earnings and applies only to active duty military service earnings from 1957 through 2001.

From 1957 through 1977, you are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay.

From 1978 through 2001, For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. If you enlisted after September 7, 1980, and didn’t complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with Social Security for details.

If you served in the military from 1940 through 1956, including attendance at a service academy, you did not pay Social Security taxes. However, your Social Security record may be credited with $160 a month in earnings for military service from September 16, 1940, through December 31, 1956, under the following circumstances:

You were honorably discharged after 90 or more days of service, or you were released because of a disability or injury received in the line of duty; or

You are still on active duty; or

You are applying for survivors benefits and the veteran died while on active duty.

You cannot receive credit for these special earnings if you are already receiving a federal benefit based on the same years of service. There is one exception: If you were on active duty after 1956, you can still get the special earnings for 1951 through 1956, even if you’re receiving a military retirement based on service during that period.

These extra earnings credits are added to your earnings record when you apply for Social Security benefits.

NOTE: In all cases, the additional earnings are credited to the earnings that we average over your working lifetime, not directly to your monthly benefit amount.

http://www.ssa.gov/pubs/10017.html

Thanks Allan.....here is a conservation I had with my friend Pete53 in July:

(Pete53 @ Jul 18 2009, 09:38 AM) *

Since you have a diagnosed mental condition you should ask SSD to reopen your claim and use 2004 date you stopped working to go back and do your work credits. You would probably qualify and get a lot of back pay.If it was me I would go to Social Security Office and ask for help.

It never ceases to amaze me how many are cheated out of earned SSD benefits cause no one tells them.

I would also concentrate my efforts on Social Security as they work faster than VA.

Good Luck

Hey Pete my friend....was wondering when I would hear from you. Knew it wouldn't be long.smile.gif

I didn't know that I could do that. I had an appointment with a law firm that is suppose to be the best and specializes in social security in my state. When I told them that I had received my yearly statement from the ss dept stating that I did not have enough credits to file for SSD, I was told that they could not help me, because I had not paid anything in, so the law states that I could not receive disability payments. Shouldn't they have known that?

Thanks my friend. Will start on that first thing Monday morning!

PS: Here is what was said on my last benefits statement from SS:

"To get benefits if you become disabled now, right now, you need 31 credits of work, and 20 of these credits had to be earned in the last 10 years. Your records shows you do not have enough credits in the right time period."

If they would go back to 2004, this would be my income history. I think they state that you can earn up to 4 credits a year, depending on income. Not sure if this would add up to the amount I need. Looks like I still may be short.

2004......19,085

2003......6,267

2002......0

2001......0

2000......0

1999......0

1998......0

1997......297

1996......26,116

1995......15,239

I am going to my local SS office today and have a sit down with someone to see if I can get some concrete information on where I stand.

[allan]

With 5 yrs missing & lacking 3/4s of credits needed to qualify, it would be very difficult to get SSA to approve SSDI.

[Pete53]

There may be another way. Congress can make an exception so my suggestion would be to ask you Congressman for help