100% Rated Veterans Automatic Ssdi

[stillhere]

The link below goes to the bill that was proposed last year by Sarbanes from MD and his 74 co-sponsors for some reason it has not been acted on yet and is sitting at the committee "ways and means"

I think this would help a lot of veterans including myself who is worn out fighting with the VA for their rating and then have to fight the SS for SSDI for basically the same condition.

I would like to see this passed this year. If you agree please send a email to your senator/congress person and ask for their support on this.

Thank you, Stillhere

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.4054:

[Bonzai]

I don't know if it will do any good, but I emailed the Congressman from TN who is on the Ways and Means Committee. This would be a wonderful bill for those it applies to. However, I don't see it going the other way, as Social Security can award disability for non-service connected conditions.

[Chuck75]

The VA is likely to fight about anything that might impact their ability to deny, delay, and "Lo-Ball" veteran's claims.

The proposed bill is a "one way street" bill. And, for obvious reasons, I'd oppose it, unless very serious amendments are made.

I think that an SSA determination of total disability should rule, and the VA be REQUIRED to PROMPTLY award at least 100% when the SSA disability is based upon service connectible/connected problems.

It is also my belief that an application for disability related benefits to either should be the governing date, whichever is earlier, or In the case of retroactive awards, the retroactive dates should be used.

In my personal opinion, a SSA determination of 100% disability should trump any of the nonsense the VA likes to dish out. The proposed bill takes the opposite view.

After all, the SSA determination of total disability is valid in federal courts of law, and the basis for entitlement to rights under the various handicapped and disabled laws.

I know that SSA determinations and denials can have the same problems that occur with VA denials.

A family friend is totally disabled, yet SSA ruled against him, simply because he owned a business, and, according to SSA, could hire employees to do what he was doing.

It's just that the SSA has an appeals system in place that is marginally better and certainly quicker than the VA's.

The major difference is that the SSA process usually takes no more than a few months, instead of the VA's several years, or in a few cases decades.

At least, in the smaller SSA offices, it's even possible to talk directly with those who process your claim.

You would be surprised at the difference you can make by being polite and respectful, instead of confrontational.

One case I recently looked at -- The Vietnam "feet on ground" combat veteran was previously denied SC for heart related problems that are consistent with IHD.

SSA had previously found the veteran 100% disabled, and has paid the veteran SSDI for several years, based upon conditions that are now "presumptive".

The veteran's service medical records also show evidence of other "in service" conditions that the VA previously denied as not service connected, in one instance, within the "year" of separation/discharge.

A recent award for some of the veteran's other problems was "Lo-Balled", with several ratings of 0%. No mention was made of the SMC $67 allowance when 0% is awarded.

Evidently, the results of a recent "limited" C&P resulted in both the award and the 0% ratings. To date, the veteran and/or his lawyer have not received a requested copy of the C&P results.

Obviously defective, possibly CUE-able denial records seem to have mysteriously disappeared from the veterans VARO "C" file sometime around the VA "redaction" effort.

No C&P was requested to substantiate many of the denials. One "limited" C&P was requested repeatedly, even though the veteran's medical condition precludes the requested tests, by the VA's own guidelines.

One commonality in the denials seemed to be that combat veteran status was not considered or acknowledged, possibly because the veteran was not in a combat MOS.

(Even though the Veteran holds combat related awards, such as a "CAR", referred to in the Vietnam era as a "CR", as well as other awards, and the combat related awards are documented on his DD forms.)

Because of the above, I'd ask that any so inclined tell their representatives that they oppose the bill as it currently stands, and that it be amended accordingly.

"If you agree please send a email to your senator/congress person and ask for their support"'

The link below goes to the bill that was proposed last year by Sarbanes from MD and his 74 co-sponsors for some reason it has not been acted on yet and is sitting at the committee "ways and means"

I think this would help a lot of veterans including myself who is worn out fighting with the VA for their rating and then have to fight the SS for SSDI for basically the same condition.

I would like to see this passed this year. If you agree please send a email to your senator/congress person and ask for their support on this.

Thank you, Stillhere

http://thomas.loc.go...?c111:H.R.4054:

Edited October 10, 2010 by Chuck75

[Bonzai]

The bill is for veterans who have been awarded 100% disability by the VA being able to be automatically awarded Social Security disability. I think that there would have to be provisions that the veteran meets the "quarters worked" for SSDI, who knows, maybe that is what is what is holding it up.

[carlie]

The bill is for veterans who have been awarded 100% disability by the VA being able to be automatically awarded Social Security disability. I think that there would have to be provisions that the veteran meets the "quarters worked" for SSDI, who knows, maybe that is what is what is holding it up.

Ditto on Bonzai's post.

[stillhere]

Eligibility issues of course would need to be upheld just like with the VA. Joe shmoe who never served would not be eligible for VA disability. So the requirements would all need to be met by whomever is filing BUT if it was a vet and he/she was already 100% by VA then it would be automatic for SSDI.

All this bill would do in the end would mean the vet would not have to go through pretty much the same evaluation again.

The only down fall I see in accepting something like this is someone coming up with the big idea lets make ssdi and VA the same!!

[sfc ret]

That would be nice for this to pass. I'm 100% and just got the denied letter from SS today.