Amc Nightmare.....

[Sidney56]

I have an appealed claim for IU due to mood disorder because of TBI that was sent to BVA then remanded to AMC with a statement to expedite the process(whatever that means). My VA psych's notes were sent to them stating that I am unemployable due to my condition and the meds I take.

It has been there for about 7 months. After numerous calls to 800#, I was told by someone that called me from AMC, that they are waiting for a response from the SSA to see if I am receiving any benefits. I told them that I am not receiving any benefits, but they said they needed SSA to tell them that. After a few months I contacted SSA and told them what was happening, and they said that they would not respond to VA, because they don't have anything to tell them since I'm not receiving any benefits.

I told the AMC what SSA told me and was told that they would continue to contact SSA until they responded. This just seems like a stall tactic to me.

I think that I need some legal representation to get this thing out of AMC. Who is this Ken Carpenter that I keep hearing mentioned, or will any lawyer that specializes in VA law do?

Also, whatever happened to the reconsideration that was supposed to be given to all vets diagnosed with TBI?

Edited February 18, 2010 by Sidney56

[Sidney56]

Gee thanks-I didnt remember that post and didnt realise they need this info from SSA-whether or not you get SSA-

Have you applied formally for TDIU as well as the regular claim(TDIU is the 100% rate)?

To tell the truth Berta, I think that he has only filed for IU which is at the AMC.

[Sidney56]

I submitted an iris inquiry as to the status of my appeal at the AMC and this is the answer I received:

Dear Mr. xxxxx:

This message is in response to your inquiry regarding the status of your appeal. We haven't yet received any response from the SSA. If you have never received benefits from the SSA they will send us a negative response letting us know they have no records to send us. We will then complete your appeal. VA policy requires that we get the records, or a negative response, once we send a request to another government agency, such as the SSA. The law requires them to send the records, or a negative response to our request.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

E. J. Kruse

National IRIS Response Center Manager

js

This is the biggest BS that I have ever heard. I am sure this is a stall tactic now. I can't believe that it would take months for one government agency to answer another.

Does anyone know of whom I can contact in the SSA to get something done about this?

I have called my local SSA office and never get the same answer from any two persons. If I try to contact the SSA in DC, I'm referred to my local office.

There is no wonder why the system is backlogged.

[vaf]

I've had good results contacting a local Congressman's office to get stupid stuff like this dislodged. This is a classic Catch-22.

We had a situation where my husband couldn't get his concurrent receipt because the VARO wouldn't send an SF 150 form or something like that to DFAS, which wouldn't do anything without it, despite all the letters we received from DFAS and copied the VARO on saying he was eligible. I finally contacted two local Congressional rep offices, and that got it done. I also cc'ed the office of the VA General Counsel in DC.

Try it, you've got nothing to lose.

Just wondering -- if you can't work, why haven't you applied for SS disability? It might help your VA claim. Or, if you apply for SS disability, you can cite your VA medical records as evidence for the SS disability claim. That would indicate that you're in the process of applying, but haven't received it. Which would then answer the VA's concerns directly to them by the SSA.

Just a thought...

[Sidney56]

I've had good results contacting a local Congressman's office to get stupid stuff like this dislodged. This is a classic Catch-22.

We had a situation where my husband couldn't get his concurrent receipt because the VARO wouldn't send an SF 150 form or something like that to DFAS, which wouldn't do anything without it, despite all the letters we received from DFAS and copied the VARO on saying he was eligible. I finally contacted two local Congressional rep offices, and that got it done. I also cc'ed the office of the VA General Counsel in DC.

Try it, you've got nothing to lose.

Just wondering -- if you can't work, why haven't you applied for SS disability? It might help your VA claim. Or, if you apply for SS disability, you can cite your VA medical records as evidence for the SS disability claim. That would indicate that you're in the process of applying, but haven't received it. Which would then answer the VA's concerns directly to them by the SSA.

Just a thought...

Thanks vaf for your response. I will look into contacting some congressional help today.

I did apply for SS disability, but was found ineligible due to the fact that I don't have enough credits in the 10 year work history period. My work history was sporadic at best, due to my disability. I asked if my military period was applied to these calculations and was told they were. I contacted a SS disability attorney and was told that they could not help me if I don't have enough credits. They told me that, "you can't get anything out, if you haven't paid anything in".

Thanks again for your help. I hope someone can get these people to stop their games with lives of veterans that are in dire financial hardship.

[vaf]

What about SSI, that doesn't depend on quarters, but it is means based:

From the SSA website -- discusses the difference between SSDI (which you don't qualify for since you don't have enough quarters, and Supplemental Security Income (SSI):

Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. See Understanding Supplemental Security Income for an explanation of SSI benefit payment rates.

Have you checked into that?

[Sidney56]

What about SSI, that doesn't depend on quarters, but it is means based:

From the SSA website -- discusses the difference between SSDI (which you don't qualify for since you don't have enough quarters, and Supplemental Security Income (SSI):

Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. See Understanding Supplemental Security Income for an explanation of SSI benefit payment rates.

Have you checked into that?

Yes vaf I did check into SSI when I found that I was not eligible for disability. I was denied for that program because my household income exceeded the federal cutoff amount by $123.00....I know that seems mediocre, but it is the facts.

Oh yea, I did get in touch with congressman Burr's office today. I actually called them in February of last year concerning the AMC fiasco. He informed me today that they actually received a letter from the AMC two days ago, stating that they had sent a second request to SSA for my records, but still no response from them. He said that he would check with his associates in the office that specialize in SS and find out why they are not responding to the VA's request.

I really appreciate the feedback you have given me in this situation. It sure helps to calm the nerves to speak with someone that is concerned about and understands the plight we are going through.

Thanks again. I welcome any suggestions that you may have and graciously accept them.

Edited February 19, 2010 by Sidney56