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Social Security Following P&t Decision

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out_here04

Question

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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I think the lawyer mainly said to start over because I last worked briefly (four months) in early 2005, I retired from the military in mid-2004... so, when I first filed I had just made it into the 5 years since working category. By not appealing, I put myself out of the five year window. (I know...)If I had paid more attention I would surely have appealed but I was not in a frame of mind then.

I'm in no better shape now, but it would take convincing SSA to reopen a case (due to illness)that has lapsed past the 60 days to appeal. So, starting over seems logical unless I'm missing something. If I were to go to the social security office locally I might stand a chance depending on who I saw, as mentioned by a previous poster. That would be ideal, but otherwise I might still have to start over. It's worth a try though. The lawyer said if I was denied after starting over he would take my case.

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

Evidence is everything.

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