Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Denied Starting Over Again

Rate this question

unique

Asked by unique,

 Share

Question

unique Enthusiast

unique

Posted
Posted

I was recently denied by the SSA Appeals Council so I decided to file over again because my attorney did not want to take this case to federal court due to the time and money involved. I've since hired a new attorney and he returns all my calls unlike my previous attorney. I feel a whole lot better about my case this time around. My SSD quarters run out in December 2011 so I had two options either drop my case or refile over again so I chose the last option.

Link to comment
Share on other sites
  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

3 answers to this question

Recommended Posts

  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

Are you currently working?? What's your 70% rating for? Did you have an ALJ hearing and if so, why did the ALJ deny? Thanks!

pr

I was recently denied by the SSA Appeals Council so I decided to file over again because my attorney did not want to take this case to federal court due to the time and money involved. I've since hired a new attorney and he returns all my calls unlike my previous attorney. I feel a whole lot better about my case this time around. My SSD quarters run out in December 2011 so I had two options either drop my case or refile over again so I chose the last option.

Link to comment
Share on other sites
Bonzai Experienced

Bonzai

Posted
Posted

PR,

There are four levels to filing for Social Security Benefits.

Initial Application - if denied, file for Reconsideration

Reconsideration - if denied, file for a hearing with and Administrative Law Judge

Administrative Law Judge - if denied, file for an appeal with the Social Security Appeals Council

Socials Security Appeals Council - if denied, file a lawsuit in US District Court (there is a filing fee)

As unique has posted, he received a denial from the Social Security Appeals Council; meaning he already had a hearing with an Administrative Law Judge, and was denied at level three. I am in the same boat as they were, and currently awaiting a response from the Social Security Appeals Council on my appeal. However, my lawyer has already said that if I get denied, he will take it to U.S. District Court. We shall see.

Hey unique,

I thought you already reapplied for SSDI, while you were waiting for the Appeals Council's decision.

"It is a terrible thing, when you lose your train of thought and you only have a one track mind"... Me

96C2P/96F2P (old MOS designations)

97E2P/37F2P (new MOS designations)

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • One Month Later
      Vicdamon12
      Vicdamon12 earned a badge
      One Month Later
    • Week One Done
      ArmyTom
      ArmyTom earned a badge
      Week One Done
    • Reacting Well
      kidva
      kidva earned a badge
      Reacting Well
    • Apprentice
      kidva
      kidva went up a rank
      Apprentice
    • Collaborator
      kidva
      kidva earned a badge
      Collaborator

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept