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 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Looking For Guidance

Rate this question


RuskiLinguist

Question

So, The VA says I am 100% SC disabled due to PTSD, Major Depressive Disorder and Alcohol Abuse. I am 20% SC because of my stomach problems, and another 10% because of my SC back problems. I am grateful to so many on this site for helping to make that a reality.

Today I return to you asking what I should do to secure my SSDI benefits. They say that the "medical evidence shows that I can perform simple, repetitive tasks" and am therefore not disabled according to their definition. The SSDI has never sent me to see a Psychiatrist or a Psychologist. The only medical opinion on record is from a VA Psychiatrist stating that my mental conditions "preclude me from gainful employment.

How do I resolve this obvious disagreement between 2 federal organizations working for the same government that I served for so many years?

Respectfully,

Your Ruski Linguist

"I learned Russian so you wouldn't have to"

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

  • HadIt.com Elder

SSA gave you a common denial and answer. You will need to appeal the SSA decision. The ruling of one is not binding on the other, unfortunately.

However, the VA medical opinion that you cannot be gainfully employed should prevail in the SSA appeal, since there is evidently no other valid medical opinion.

As soon as possible you should request and get your hands on a full copy of your SSA claim file. My local SSA office was able to provide a digital copy of my file on a CD.

You also might want to think about legal representation.

Link to comment
Share on other sites

  • HadIt.com Elder

So, The VA says I am 100% SC disabled due to PTSD, Major Depressive Disorder and Alcohol Abuse. I am 20% SC because of my stomach problems, and another 10% because of my SC back problems. I am grateful to so many on this site for helping to make that a reality.

Today I return to you asking what I should do to secure my SSDI benefits. They say that the "medical evidence shows that I can perform simple, repetitive tasks" and am therefore not disabled according to their definition. The SSDI has never sent me to see a Psychiatrist or a Psychologist. The only medical opinion on record is from a VA Psychiatrist stating that my mental conditions "preclude me from gainful employment.

How do I resolve this obvious disagreement between 2 federal organizations working for the same government that I served for so many years?

Respectfully,

Your Ruski Linguist

"I learned Russian so you wouldn't have to"

Get an attorney, SSDI denies 60 percent of all claims at first so ask for reconsideration and bring in an attorney who specializes in SSDI.

Dont lose your date by not doing this.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

Did you fill out the disability Functional Reports?

Your Adult one's? 12 pages

Also Third Party Ones done by someone other? 8 pages

The Section of Disability Determinations is the one's who send these our to you. You can fax these back, or send them in the postage paid envelopes (2) they send to you with the forms, and all the instructions. You have 14 days to return these forms.

The letter states: We are the office that makes disability decisions for the Social Security Administration. We are writing to tell you that we are reviewing your disability claim.

To be eligible for disability benefits, you must have medical condition (s) that:

keeps you from doing any type of work, and

has lasted or is expected to last for at least 12 months in a row or result in death.........

The physician fills out other forms he/she sends in themselves...also functional reports but these are different one's here you and another fill out. I got copies of my functional reports from the physician who completed my disability exam too. Don't be afraid to ask the one who does yours too

These are pages I recently helped another vet with.

Mine were a lesser amount when I filed in 03. Don't remember dual functional reports for me back then??

Make sure you keep copies of EVERYTHING you send in. To anyone, or any agency ALL THE TIME!! :blush:

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


  • Tell a friend

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

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      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
    • Do the sct codes help or hurt my disability rating 
    • 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.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use