tdiu Denied

[navydoc2]

I received my letter of denial today from SSD, it is the one that took nine months to decide at the reconsideration level. I know that the VA and SS are different agencies and one does not mean you're a shoe in to get the other. I just thought that I had the evidence to prove I can't do any work. I am rated TDIU, 80%. 70% depression with anxiety, 10% tinnititis, 10% left knee. I also had problems where I was passing out. I wore a halter monitor and it was determined that I was in 3rd degree heart block with pauses lasting as long as 20 seconds. I received a pacemaker a few months ago, as they and I hoped it would be corrected with this procedure. It was not I am still passing out, what job can I get where I pass out without warning; standing, sitting, walking. I was just told by a VA cardiologist that they may not find the problem until I die. What kind of diagnosis is that, he also said that it could be in my head, then why would you put a pacemaker in if it was in my head? If anyone can give advice it would be appreciated. I do have a lawyer who will ask for an ALJ hearing so the waiting continues. Thanks

/doc

[Philip Rogers]

erico541 - the few "young kids" you mention are probably collecting SSI, for those who haven't worked or don't have enough credits for SSDI, or if they became disabled between 18yo and 22yo are collecting SSDI against their father's account.

pr

hey doc, i have not been to the site for quite some time, anyhow like you i was turned down for ssdi as well. i am waiting on a hearing...... i am 100%permanent how this works i havent a clue,my family knows a few young kids getting ssdi first try. it wouldnt bother me except they have never worked at all ,and there is really nothing wrong with them, it hurts for that to happen while there are veterans getting turned down good luck navy doc you deserve ssdi as does any veteran unable to work. some states (like oregon) have it out for veterans god bless

[robert51]

Thanks NK I know you can, but if I recall didn't you do your own SSD claim? I will try to write what they said and then provide what is in my medical file. I hope it's not overwhelming.

They wrote the denial as follows. You said that you are unable to work because of headaches, difficulty sleeping, pain in back, knees anxiety, depression, nausea, vision confusion and tachycardia. Although you have pain and discomfort in your back and knees , you can move well enough to do some types of work. Your nausea, headaches , and difficulty sleeping has not caused any disabling effects on your general health. Your heart condition has not caused severe problems with your general health. You can see well enough to work. While your anxiety and depression keep you from doing stressful and complex types of work, you can do simple and routine work. Your medical condition prevents you from doing your past work, but it does not prevent you from doing other work which is less demanding.

That is what the letter says was the basis of the denial. Here are my medical conditions, and what I said on their questionnaire. The headaches and difficulty sleeping is from my sleep apnea, I have knee pain in both my kness which don't allow me to walk more than a half block. I can not stand for more than ten/fifteen minutes without back spasms and knees giving out. What job can I stand for fifteen minutes and then lay down for forty? I can't sit for longer than fifteen minutes without back spasms and my knees locking up. My anxiety and depression causes me to avoid people to the point I only leave the house for doctor's appt's, and then I have to take a klonopin to get through it. I don't make my own meals, I don't do my own laundry, my wife pays the bills, I have to have her around because I'm unstable in the shower and can't get up if I'm in the tub. Lastly I had a pacemaker put in because I was passing out, that was supposed to fix the problem; it didn't I still pass out without warning. It has happened sitting, standing, walking. God forbid it ever were to happen should I try do drive anymore. While I run tachy at times I also have periods where my heart stops its been documented while I was in the hospital before they put the pacer in with defibrillation. I don't know what they mean by less demanding work, I could be a greeter at walmart, what jobs are they talking about that I can do. Thanks for the support and advice in advance.

/doc

i received almost the same letter and appealed and won at the AJ ... what went in my favor is the doctor said sure he can do some task but he can do NO task full time ....

[Philip Rogers]

Remember, you need to be able to work full-time, 40 hrs a week, or you get SSDI, as NK stated. Any 100% or TDIU vet will win, provided they have the quarters.

pr

[jbasser]

I received my letter of denial today from SSD, it is the one that took nine months to decide at the reconsideration level. I know that the VA and SS are different agencies and one does not mean you're a shoe in to get the other. I just thought that I had the evidence to prove I can't do any work. I am rated TDIU, 80%. 70% depression with anxiety, 10% tinnititis, 10% left knee. I also had problems where I was passing out. I wore a halter monitor and it was determined that I was in 3rd degree heart block with pauses lasting as long as 20 seconds. I received a pacemaker a few months ago, as they and I hoped it would be corrected with this procedure. It was not I am still passing out, what job can I get where I pass out without warning; standing, sitting, walking. I was just told by a VA cardiologist that they may not find the problem until I die. What kind of diagnosis is that, he also said that it could be in my head, then why would you put a pacemaker in if it was in my head? If anyone can give advice it would be appreciated. I do have a lawyer who will ask for an ALJ hearing so the waiting continues. Thanks

/doc

Navydoc, I am sorry you have to go through this. I had to fight as hard with SSDI as I did with the VA.

I too have some heartissues going on. You have a pacemaker so you likely have seen an EPT doc.

Here is what I would do. I would fill a request for reconsideration. before I send it I would find a Social Security Attorney who does Social Security only.

The Attorney will have contacts to help you get through this.

They may approve at the Reconsideration stage. The first denial is not actually from SSA. It comes from your states DDS which is usually a Joke. I know my states DDS is. What you ned to prevail is a Doc who can lay it all out and state that you may be able to do certain things, but you cannot continue to do these activities for a 40 hour work week.

I hope you get it at reconsideratiuon, but SSA can discriminate. Also you can send a letter to your Congressman and ask why the VA and SSA have different rules for disability as the VA has you listed as unemployable, yet SSDI says you can work.

Ask them for assistance.

You will win, they are just going to make it hard for you to do that. It may be your age, as they are allowed by law to discriminate against the younger claimants.

J

[Bonzai]

Remember, you need to be able to work full-time, 40 hrs a week, or you get SSDI, as NK stated. Any 100% or TDIU vet will win, provided they have the quarters.

pr

PR - there are 100% sc'ed veterans who have been denied SSDI and have plenty of quarters. I am one, and it is easy to find articles about others by just doing a quick Internet search on "100% service-connected veterans denied social security".

I am currently waiting for an answer from the Social Security Appeals Council, as I was denied by an ALJ. Who, by the way, has the highest denial rate of any ALJ out of Memphis. So a lot depends on the ALJ you receive.

[carlie]

Here is what I would do. I would fill a request for reconsideration.

J

basser,

Wake Up buddy !

This denial was the result of his request for reconsideration from SSA : - )