tdiu Success Update And New Question

[MikeD]

Hello Folks.. it's been a LONG TIME since I posted (1 year).. as I had taken everyone's suggestion and filed my appeal for 100% unemployability. I WON... ! And have been receiving my VA Disability checks ever since. (Plus a certain amount retroactive to my Appeal date) Plus All Facilities and Treatments (Including Dental) at the VA !

Now I think I'm getting screwed by the SS Admin. I think the Max. (according to the SS Admin) I can get (was then age 65) is $1,100+-/month. I went back to them.. and they told me even though I'm NOW 100% disabled and unemployable.... I will still only get the same amount. NO SDI ! .. They said it works out to the same. I'd like anyone's advice on this.. what if anything is wrong with the SS reasoning.. and what suggestions anyone may have? Should I be receiving more? Should I be on SDI if so?

Thanks again....

Mike Dailing

[brokensoldier244th]

They use a formula to figure out what a person can get for SSDI. Have you gotten one of those yearly breakdown forms that they send out every year? It shows the breakdown that they use-it's based on the last X number of years worked and how much you made. If you start collecting at the full rate now, instead of at age 65, you will get more than the average that you would have normally, not less.

[Ethan'sGrandma]

Hello Mike,

If I am understanding you correctly, when you applied for SS benefits, you were of full retirement age for SS purposes? If that is correct, then your SS benefits would be considered retirement , not disability. The reasoning that they use is because on SSDI, once approved, you are awarded as if you were of full retirement age, regardless of true age, if not being of full retirement age. In fact, when an individual turns what is considered for them (by birth year) to be of full retirement age, SSDI benefits become noted as retirement benefits. I hope that answers your question. In case you weren't aware, most of their information is listed on their website: www.ssa.gov

Congratulations on winning your appeal for unemployability!

Hello Folks.. it's been a LONG TIME since I posted (1 year).. as I had taken everyone's suggestion and filed my appeal for 100% unemployability. I WON... ! And have been receiving my VA Disability checks ever since. (Plus a certain amount retroactive to my Appeal date) Plus All Facilities and Treatments (Including Dental) at the VA !

Now I think I'm getting screwed by the SS Admin. I think the Max. (according to the SS Admin) I can get (was then age 65) is $1,100+-/month. I went back to them.. and they told me even though I'm NOW 100% disabled and unemployable.... I will still only get the same amount. NO SDI ! .. They said it works out to the same. I'd like anyone's advice on this.. what if anything is wrong with the SS reasoning.. and what suggestions anyone may have? Should I be receiving more? Should I be on SDI if so?

Thanks again....

Mike Dailing

[Philip Rogers]

As stated here, if you are 65yo, or over,you get the full rate, provided 65yo was your SSA retirement age. If you are/were younger than your SSA retirement age, you would get the full rate from SSDI. If you are over your SSA retirement age you won't get SSDI, due to the fact that once you achieve retirement age your funds come from the SSA retirement acct. If you were disabled before retirement age and you can win, an EED for SSDI, you "might" be able to get a retro check.

pr

[MikeD]

As stated here, if you are 65yo, or over,you get the full rate, provided 65yo was your SSA retirement age. If you are/were younger than your SSA retirement age, you would get the full rate from SSDI. If you are over your SSA retirement age you won't get SSDI, due to the fact that once you achieve retirement age your funds come from the SSA retirement acct. If you were disabled before retirement age and you can win, an EED for SSDI, you "might" be able to get a retro check.

pr

I opted to retire EARLY... before I received my Winning Appeal for Not Working... Hence... at 65.. NOT 66 1/2 I think it is. They told me at that time... When You can no longer work due to your dissability "Give us a Call" for an increase under SDI" ! That's a quote.... Soooo... When I received all the notes from my doctors regarding Unemployability for gainful employment.... I contacted them again.. but this time got a different story. We got into a very confusing discussion.. with no change in their opinion.. I still got the orig. $1100

I think IF I had waited for Full Ret. Age at 66 and 1/2, I would have received around $1500/month vs 1100 I get now.

I hopw that Helps Ethan'sGrandma !

Mike Dailing

[Philip Rogers]

MikeD - Have you actually filed a claim for "SSDI?" I know of two people who took an early retirement and won SSDI later. Sounds like they told you but you haven't filed the claim. Remember, "they" are not responsible for anything "they say." If you haven't, already, done it file the claim, for SSDI. Even if it takes a couple of yrs on appeal it'll be money in the bank!

pr

I opted to retire EARLY... before I received my Winning Appeal for Not Working... Hence... at 65.. NOT 66 1/2 I think it is. They told me at that time... When You can no longer work due to your dissability "Give us a Call" for an increase under SDI" ! That's a quote.... Soooo... When I received all the notes from my doctors regarding Unemployability for gainful employment.... I contacted them again.. but this time got a different story. We got into a very confusing discussion.. with no change in their opinion.. I still got the orig. $1100

I think IF I had waited for Full Ret. Age at 66 and 1/2, I would have received around $1500/month vs 1100 I get now.

I hopw that Helps Ethan'sGrandma !

Mike Dailing

[Chuck75]

This gets into something I've always scratched head about, and never got an understandable and complete answer to from SSA.

SSDI uses 65, and my full retirement age would be 66 1/2.

I was eligible for early retirement at 62. The SSA calculations were based upon my earnings to that time. The eventual SSDI payment was very close to what I had calculated, and agreed with the SSA on line calculators.

The SSA pension amounts were calculated based upon an age of 62.

However, SSDI (I believe, from the less than fully understood SSA reps remarks and SSA documents) is also based upon 65.

Since I applied for both early retirement and SSDI at the same time, and eventually SSA "granted" SSDI, the paid amount was considerably greater, and based upon 65.

At the time, I was told by several who "know" that applying for both at the same time, along with no current job, is at least informally considered to be valid evidence of probable disability,

and has an effect on how SSA looks at the SSDI claim. (We are gonna pay anyway, so lets try to get it done and over-with as simply as we can.) Which isn't as simple as it should be.

And I was retro'd back to the usual SSA dates based upon age, claim date, etc. I did have to challenge the award date, and succeeded in getting SSA to grant an earlier date.

Since I was also involved in the usual major fight with the VA over Service Connection, compensation, etc. at the same time, I was more concerned with fighting that battle than fighting with SSA over maybe $100 more a month.

Knowing the government tendency to try and minimize payouts, I cannot help but wonder about the difference between 65 and 66 1/2, and how it plays.

Another ?? was exactly when does the SSDI payment transition to SSA payment at the same amount? 65 or 66 1/2 ?

MikeD - Have you actually filed a claim for "SSDI?" I know of two people who took an early retirement and won SSDI later. Sounds like they told you but you haven't filed the claim. Remember, "they" are not responsible for anything "they say." If you haven't, already, done it file the claim, for SSDI. Even if it takes a couple of yrs on appeal it'll be money in the bank!

pr

Edited May 12, 2011 by Chuck75