Social Security Following P&t Decision

[out_here04]

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 May 10, 2010 by out_here04

[photoman]

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

I stand corrected on the attorney fees, but it often can approach 30% or more with expenses up to the cap of course. I come from a family of attorneys. That said I appreciate you information, but still feel that in light of new and compelling evidence there are other avenues to try that might work and wiithout the expense of the attorney. I am aware that law firms almost accross the board will not take cases that won't give them max. I was running into a bit of trouble as I navigated through the VA labarynth and called an attorney and he said call if your are denied again.

[out_here04]

the lawyer suggested i file again with the recent decision, starting over and if denied he would take my case. thanks for the feedback

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

[out_here04]

the lawyer suggested i file again with the recent decision, starting over and if denied he would take my case. thanks for the feedback

he thinks i waited too long, over a year ..my funk about it... and ssa would likely not reopen my case from that long ago unless i was hospitalized or such.

[Pete53]

Social Security will reopen but it takes going down and talking to them. If you have a Mental Disability than they almost have to help you.

Good Luck

I have a friend that Social Security reopened after a couple of years and when he got retro it was for over 7 years. Judge did right by him.

[photoman]

Social Security will reopen but it takes going down and talking to them. If you have a Mental Disability than they almost have to help you.

Good Luck

I have a friend that Social Security reopened after a couple of years and when he got retro it was for over 7 years. Judge did right by him.

Very good point. GO DOWN THERE. The attorney doesn't know what he's talking about. While in the process of applying for SSDI I went down to the local office and had one contact person who I could talk to when I needed information or assistance in completing the documentation. I even had my caseworkers email address. Some might say this is not a good idea, but it's not if you truly have a disabling condition. In my case I applied for IU and SSDI at the same time and was awarded SSDI before receiving my award letter from the VA. I neverthless agree wholeheartedly. Make yourself more than a number and be courteous. They are tired of dealing with abusive people and rightfully so.

[Berta]

Get a second opinion if the lawyer feels you don't have a case.

A SSA lawyer would not represent my husband (or even consider our evidence) when my husband- on SSA already- filed for reconsideration based on his PTSD.He wanted a lawyer to do it because I ran the farm here and also he needed a lot of care from me due to the stroke he had and he thought a lawyer fee was worth it to save me time doing it.

Even SSA itself tried to discourage Rod from filing this type of request.I wrote the formal reconsideration Request that night after the brief lawyer appointment where the lawyer turned us down for help. and copied the evidence and put it into the mail by week's end to the SSA.

5 months later I called the lawyer up and told him he just lost his cut of over 17,000 retro SSA because he would not consider representing Rod -because we had just been informed by SSA that he won his reconsideration request.

Just like doctors- sometimes one needs a lawyer for a second opinion.

The SSA lawyer was surprised Rod won and said he would never look at PTSD SSA claims the same way again.He spent quite some time with me on the phone- as to how I helped Rod get this award.Far More time then our initial appointment was.

Evidence is everything.

Edited May 15, 2010 by Berta