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100% Rated Veterans Automatic Ssdi

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stillhere

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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:

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  • HadIt.com Elder

Here is where it gets interesting. I applied for both SSDI and an A.O. presumptive service connection about the same time. SSA decided that I was totally disabled due to the combined effects of DMII and Heart problems (including IHD) The SSA determination listed only DMII and IHD.

The VA, on the other hand, originally assigned all of 10% for DMII, deferred and then denied IHD and related issues.

A series of other related claims, and appeals, etc. went on from 2006 to this year. I finally had to hire a lawyer. This resulted in the DMII related issues I was fighting about going to a total of 40%, Plus a single SMC K rating. Then, after a series of actions, such as the NVLSP asking the VA why I was not on the "A.O." list furnished to them, things started getting interesting. Out of the clear blue, after no response in some time from the VARO, they suddenly transferred the case to another RO. Both RO's have Nehmer teams. Finally, this month, the second RO reached a fairly favorable decision, albeit one or two quibbles. More important, they took most of the issues back to the original claim date for retro at 100% + SMC K. What is left to quibble about is another SMC issue that will involve a "CUE" and an effective date that is obviously wrong for one condition. Only the SMC issue has any impact on money and retro. The fight will be to get the total to 160% or so, just 10-20% more.

The big difference between being rated 100% by the VA and disabled by the social security administration is this:

You can reach a 100% rating (scheduler) by the VA with no rating that is 100% because they add disabilities. This is how I got to 100%

The SSDI requires that you be 100% disabled, which is an entirely different thing. You can have a 70% rating for anxiety for depression from the VA and 50% rating for your back and so on, but if they don't make you totally disabled in the social security folks eyes, then you won't get it.

The weird part was I was disabled by the SSDI for something I only received a 30% rating from the VA, migraine headaches. The same headache diary was used for both

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  • HadIt.com Elder

My experience with Social Security Disability was refreshing. For the most part they used VA medical records, my paperwork and thier Doctor to grant SSD in 4 months. Whenever I called someone would talk to me and answer my questions.

I never got a straight answer from VA and of course when I was awarded SSD for the condition I was trying to service connect with the Military they laughed and said that VA and SS did things differently.

I think that the major reason people get declined by SS is that SS feels that they can do some kind of work or the condition will improve in less than a year. If you are having problems with SS my suggestion is to get a Doc to state clearly that you will not be able to go to work.

Veterans deserve real choice for their health care.

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  • HadIt.com Elder

Right, the doctor should say in clear terms that the claimant cannot work for at least one year. That is key for SSD.

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I got approved for SSD in 2 months and I am now trying to get awarded IU. I called the SS department and they told me they based their decision off of my military medical paperwork. So we will see about IU, fingers crossed...

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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!!

i agree with you this gives them an in... to take away i thought they were two totally different systems

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