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Confused But Tollerant

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RuskiLinguist

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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Denied upon reconsideration :angry:

Anyone have an opinion on Kazmierczak law firm that they can share with me privately or in public? I hired them for the reconsideration, but that doesn't mean I have to stay with them through the ALJ.

Thanks again, friends.

Ruski

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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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