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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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out_here04

Social Security Following P&t Decision

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About two years ago, I was turned down the first time for Social Security while VA rated me 100 percent temporary schedular for anxiety/depression. I have SMC for an additional 60 percent. I recently was rated 100 percent P&T for anxiety/depression. Regarding the Social Security, I did not appeal before the ninety days I think you have. I read that the best chance to succeed is to appeal within that time.

SSA used a VAMC psych doc's report that said I may be able to do a limited, highly supervised type of work (this was while I was trying to suck it up and go to school and back to work, which I have not done any since 2004). This turned me off to thinking I could ever get Social Security and depressed me even more and I did not pursue anything regarding SS. Although my current psych doc says otherwise, the first psych doc was reporting while I attempted to qualify for Voc Rehab, which I was later turned down for (because I was not deemed stable for three months in succession, I believe). This actually helped me receive my original 100 percent temporary schedular.

Since I got P&T dated back to February, it has me thinking I might be able to eventually get Social Security in addition to VA 100 percent p&t +60 percent otherwise (SMC awarded). Regarding missing the 90 day appeal time, I believe I may be able to contest that due to my mental health condition I was not able to pursue administrative details to appeal alone. I understand that illness is an acceptable alibi, if proven. Without help I may not be able to now, although hadit is very supportive and helpful.

Should I get a lawyer and what other advice would you give me? The best result would be that I could be awarded SS back-payed to my file date two years ago and that may take a lawyer to convince SS of such. Or I could be starting all over again. VA is not supposed to use one report against you, but apparently SSA can.

Thanks

Edited by out_here04

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I would get a Lawyer if it was me

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got an appointment with a lawyer tomorrow to see if he can get it reopened or start all over...

About two years ago, I was turned down the first time for Social Security while VA rated me 100 percent temporary schedular for anxiety/depression. I have SMC for an additional 60 percent. I recently was rated 100 percent P&T for anxiety/depression. Regarding the Social Security, I did not appeal before the ninety days I think you have. I read that the best chance to succeed is to appeal within that time.

SSA used a VAMC psych doc's report that said I may be able to do a limited, highly supervised type of work (this was while I was trying to suck it up and go to school and back to work, which I have not done any since 2004). This turned me off to thinking I could ever get Social Security and depressed me even more and I did not pursue anything regarding SS. Although my current psych doc says otherwise, the first psych doc was reporting while I attempted to qualify for Voc Rehab, which I was later turned down for (because I was not deemed stable for three months in succession, I believe). This actually helped me receive my original 100 percent temporary schedular.

Since I got P&T dated back to February, it has me thinking I might be able to eventually get Social Security in addition to VA 100 percent p&t +60 percent otherwise (SMC awarded). Regarding missing the 90 day appeal time, I believe I may be able to contest that due to my mental health condition I was not able to pursue administrative details to appeal alone. I understand that illness is an acceptable alibi, if proven. Without help I may not be able to now, although hadit is very supportive and helpful.

Should I get a lawyer and what other advice would you give me? The best result would be that I could be awarded SS back-payed to my file date two years ago and that may take a lawyer to convince SS of such. Or I could be starting all over again. VA is not supposed to use one report against you, but apparently SSA can.

Thanks

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got an appointment with a lawyer tomorrow to see if he can get it reopened or start all over...

Remember that if you are awarded SSD using an Attorney he's going to take 1/3 of your back pay. If you have just recently been awarded P&T I would give some thought to submitting the P&T award to SSA and then if denied seek an Attorney. Just a suggestion, but in light of new and compelling evidence it would be difficult for SSA to turn you down again. Along with the submission you might want to take your appeal to your Congressman it is a great political environment for politicians to help Veterans. This worked for me and I didn't have to pay the Lawyer. Go ahead and meet with the Lawyer and see what he says.

Photoman

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photoman - the most an attorney can charge is 25%, of past due award, plus expenses, with the max currently being $5300. Depending on how soon a claimant wants to win it may be best to hire an attorney. Most don't want to take a claim until it's been denied once or twice, thereby earning them the max.

pr

Remember that if you are awarded SSD using an Attorney he's going to take 1/3 of your back pay. If you have just recently been awarded P&T I would give some thought to submitting the P&T award to SSA and then if denied seek an Attorney. Just a suggestion, but in light of new and compelling evidence it would be difficult for SSA to turn you down again. Along with the submission you might want to take your appeal to your Congressman it is a great political environment for politicians to help Veterans. This worked for me and I didn't have to pay the Lawyer. Go ahead and meet with the Lawyer and see what he says.

Photoman

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