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Confused But Tollerant


RuskiLinguist
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Question

I got a letter in August from the VA saying that I am 100% service connected disabled for PTSD and Major Depressive Dissorder with Alcohol Abuse.

I immediately applied for Social Security Disability under chapters 12.04 and 12.06 as well as the physical disabilities that I have. I went for a general physical examination in December, and am representing myself. I called the prick/representative from the state 6 times and left a message all 6 times asking him to call me back to hel me understand why we were not discussing the "Blue Book". I have 2 identifiable diseases (common to veterans of war and trauma) from that book, specific to chapter 12. My phone never rang in return!!!

Yesterday, I got a letter stating on line 6 or 8, that " You also allege some problems with depression however, you are still able to think and act in your own best interest. You can follow instructions and complete assigned tasks. You can care for your basic needs and activities." The opening paragraph however states " you do not qualify for benefits on either claim. This is because you are not disabled under our rules."

I am very confused, how can they take the VA Comp and Pen results, the undertoned/downplayed analysts results from that comp and pen results and state that I am anything less than 100%? Same question, but with the added point of "without any kind of doctors examination?"

Any insight is greatly appreciated. I get the sensation that it all amounts to a "pay the lawyer or you get nothing position"!!!!!

Confused As Hell

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I got a letter in August from the VA saying that I am 100% service connected disabled for PTSD and Major Depressive Dissorder with Alcohol Abuse.

I immediately applied for Social Security Disability under chapters 12.04 and 12.06 as well as the physical disabilities that I have. I went for a general physical examination in December, and am representing myself. I called the prick/representative from the state 6 times and left a message all 6 times asking him to call me back to hel me understand why we were not discussing the "Blue Book". I have 2 identifiable diseases (common to veterans of war and trauma) from that book, specific to chapter 12. My phone never rang in return!!!

Yesterday, I got a letter stating on line 6 or 8, that " You also allege some problems with depression however, you are still able to think and act in your own best interest. You can follow instructions and complete assigned tasks. You can care for your basic needs and activities." The opening paragraph however states " you do not qualify for benefits on either claim. This is because you are not disabled under our rules."

I am very confused, how can they take the VA Comp and Pen results, the undertoned/downplayed analysts results from that comp and pen results and state that I am anything less than 100%? Same question, but with the added point of "without any kind of doctors examination?"

Any insight is greatly appreciated. I get the sensation that it all amounts to a "pay the lawyer or you get nothing position"!!!!!

Confused As Hell

Brother it is a bear to get SSDI.

Get an attorney. Get a good one.

The VA and SSDI are different animals because they have different definitions of disability.

VA Definition is: The percentage of earnings power lost because of your service connected disabilities: so loss of earning power.

SSDI: Condition or conditions are totally disabling and are expected to last 1 year or result in death.

There was a bill of equation in congress but it got lost in commitee that would have automatically equaled VA and SDI awards to both agencies.

Hang int here. You will win, they just want you to sweat.

JBasser

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Guest terrysturgis

I wore myself out dealing with the VA to get my 100% TDIU so when it came to SSD I hired an attorney after the first denial.

You may be right to think that the attorneys and judges work together for SSD. In my case they sure did.The SSD atorneys know what judges are easier to work with and those who are not. Mine did.

The system seems to be set up to take two years or more so the attorneys get the maximum pay. JMHO.

Some of our board members have won SSD on their own with out an attorney so it can be done.

Also some of us got SSD before TDIU. Like you I got 100% TDIU first thaan SSD. My SSD took two years.

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When you apply for SSD you get a self-inventory that asks you a bunch of questions about your abilites and disabilies. That is almost always used against you. If you say you don't need help taking care of yourself that is one big strike against you. You want to present yourself as being almost helpless. You can't drive. Someone else cooks, cleans and maintains your home for you. You can almost wipe your own butt. This is what they want to see. I got mine in 3 months. I knew a person who worked with me who was so depressed she was really psychotic. The SSD said she could work. It blew my mind. She was truly ill. Maybe I was just lucky.

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like the other guys said dealing with SSDI was a pain for me too! But I did get it the first time around on my own so I guess I am like John lucky. Took me from July 20, 2010 and was awarded from Nov. 2010 But I had been out of work since being forced to retire in April of 2010 but waited to file because I felt I still could work. That did not work out though.

I don't know what state you are in but I was awarded 100%+SMC for heart condition and PTSD and everyone here said it would be a slam dunk! I still ended up having to have a hearing test of all things (I am total deaf in one ear) and a shrink exam.

The DDS I think guy is supposed to help you but getting them to return your call is a bit of an annoyance.

Like jbasser says get the lawyer if they have denied you the first time because if you don't and they denied you again I think then you have to go before a judge.

one other thing my counselor called and wanted me to go for the other dr's visits and I said OK but I asked her then why since I was already 100% with the VA!? She said it did not matter?

Good luck to you!

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Brother it is a bear to get SSDI.

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There was a bill of equation in congress but it got lost in commitee that would have automatically equaled VA and SDI awards to both agencies.

Hang int here. You will win, they just want you to sweat.

JBasser

equaled VA and SSDI??

the lawyers probably saw it as losing business so they probably 'killed it dead'..

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Thanks to all for the voluntary council! It is nice to know that I am not the only one in this particularly nasty boat. I have begrudgingly relented on the topic of hiring an attorney to get the benefits we have all paid for, in more ways than through payroll deductions. I hired an attorney today, even though I have no way of knowing if they are good, bad or indifferent. They all seemed to think I have an easy to win case, which makes me even more certain that the process is set up to require the title .esq after your name in order to be given ANY respect by the SSA.

The part that I am having a hard time getting past is the fact that I applied mostly because of the PTSD and Major Depressive Disorder. The response from the determinations group was to send me for a general physical exam. The only Psychologist (x2) or Psychiatrist (x2), who has ever seen me, specifically wrote in their evaluations that my mental conditions "preclude him from gainful employment". Yet the SSA seems to completely ignore anything these medical professionals wrote. Even though it would be wrong of them to ignore the findings of VA Psychologists and Psychiatrists, I could understand better if there was 1 dissenting diagnosis from an SSA doctor. But there wasn't even an appointment scheduled for a head doc to look at me. This led me to believe that they didn't need any more evidence regarding my mental conditions. But their decision proves that they just didn't give a damn about the medical evidence that supports my claim. The only evidence they were looking for is: can he lift heavy things for a long period of time. How is that an evaluation of anyone’s capability to hold a job?

Oh well, if someone has any selection criteria for hiring a "Good Disability Attorney" or knows of a place where others can find the research, it might be good to post it rather prominently. The Lawyers I chose have experience only in disability cases, and handle both VA and Social Security Disability claims.

As always, I will keep this post informed on any progress.

Thanks again, to the faithful responders. We should have a way of sending a kewl point or near-beer or something for the wise council offered here.

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