diabetes I Don't Qualify For Ssi

[reddog]

I applied or SSI or tried to apply but was turned down because I haven't worked in over 12 years. Now that I'm 62. I applied retirement, Social Security, but I also have a claim for unemployability with the VA. I am 70% PTSD, 20% diabetes, 10% in each leg for neuropathy and 10% for tendinitis, which makes a total off 80%. When I applied for Social Security retirement. The man stated that I said the reason I didn't apply for SSI that I was not disabled. Have been trying to contact the Social Security office to see if this can be changed. I hope that this does not affect my application for disability with the VA.. Any thoughts on this would be helpful.

My claim has been in sence March 30, 2010. They deferred the decision on individual unemployability claim is in the decision phase now was hoping to hear something before Christmas times are tough and hard here. Merry Christmas to all and a happy new year and good luck to everyone that is waiting a claim.

[Philip Rogers]

reddog - First off, at 80% SC, you receive too much money for SSI, which is like welfare. You need to apply for both Social Security Disability Insurance(SSDI), with your disability onset date being the day after the last day you worked, 12 yrs ago. You should also apply for Social Security Retirement(SSR) at age 62yo. You should receive SSR quickly and your claim for SSDI will be processed. If you win SSDI, they will recover what they've paid in SSR and pay you the full rate for SSDI. jmo

pr

[jvretiredvet]

Please clarify whether you applied for Supplemental Security Income (SSI) benefits or Social Security Disability Insurance (SSDI) benefits (though, an application for SSDI is inherently an application for SSI). If you applied for SSI only, your VA compensation payments likely make you ineligible for that program.

As for the comment about not being disabled ... there is disability for Social Security benefits purposes and disability for VA purposes. While in many - or most - cases, the definitions of disability can be the same .... t'ain't always so. Proving inability to work for SS purposes might be difficult because you haven't worked in 12 years - why are you now disabled?

And, did you apply for SSDI/SSI, or were you talked out of it? DId you male a formal application?

As you are now 62, you can apply for "regular" early SS benefits. The benefit will be reduced because you are taking benefits early and because your contributions have been lacking over the past 12 years.

I applied or SSI or tried to apply but was turned down because I haven't worked in over 12 years. Now that I'm 62. I applied retirement, Social Security, but I also have a claim for unemployability with the VA. I am 70% PTSD, 20% diabetes, 10% in each leg for neuropathy and 10% for tendinitis, which makes a total off 80%. When I applied for Social Security retirement. The man stated that I said the reason I didn't apply for SSI that I was not disabled. Have been trying to contact the Social Security office to see if this can be changed. I hope that this does not affect my application for disability with the VA.. Any thoughts on this would be helpful.

My claim has been in sence March 30, 2010. They deferred the decision on individual unemployability claim is in the decision phase now was hoping to hear something before Christmas times are tough and hard here. Merry Christmas to all and a happy new year and good luck to everyone that is waiting a claim.

[reddog]

Please clarify whether you applied for Supplemental Security Income (SSI) benefits or Social Security Disability Insurance (SSDI) benefits (though, an application for SSDI is inherently an application for SSI). If you applied for SSI only, your VA compensation payments likely make you ineligible for that program.

As for the comment about not being disabled ... there is disability for Social Security benefits purposes and disability for VA purposes. While in many - or most - cases, the definitions of disability can be the same .... t'ain't always so. Proving inability to work for SS purposes might be difficult because you haven't worked in 12 years - why are you now disabled?

And, did you apply for SSDI/SSI, or were you talked out of it? DId you male a formal application?

As you are now 62, you can apply for "regular" early SS benefits. The benefit will be reduced because you are taking benefits early and because your contributions have been lacking over the past 12 years.

I did not formally apply for Social Security only went to the Social Security office to see if I qualified for any type Social Security. The girl looked at my Social Security number and said that I do not qualify for any Social Security since I was drawing VA disability and I have not earned enough. So I applied last week for Social Security retirement received a letter from Social Security office and it said that I did not apply for SSI because I am not disabled. I called back and talk to the man who took my application over the phone. He said that it was just a formality, and it would be okay just to leave it as is. I asked him if we could change it to not qualify for SSI and he said no. When I went to the Social Security office the first time It had been about three or four years since I first talked to the Social Security office.

[free_spirit_etc]

I did not formally apply for Social Security only went to the Social Security office to see if I qualified for any type Social Security. The girl looked at my Social Security number and said that I do not qualify for any Social Security since I was drawing VA disability and I have not earned enough. So I applied last week for Social Security retirement received a letter from Social Security office and it said that I did not apply for SSI because I am not disabled. I called back and talk to the man who took my application over the phone. He said that it was just a formality, and it would be okay just to leave it as is. I asked him if we could change it to not qualify for SSI and he said no. When I went to the Social Security office the first time It had been about three or four years since I first talked to the Social Security office.

I would ask to have it changed. You might want to put in a written request asking that the information be changed. You might even want to acknowledge that they told you it was just a formality and it could be left as is, but that you would prefer that records a government agency has about you be accurate.

That doesn't necessarily mean they will change it. But it does mean you have a paper trail if that comes back to bite you.

Does the letter say anything about appealing - or a "you have 10 days to request corrections" - or anything like that on it?

[Philip Rogers]

reddog - I repeat what I stated previously. jmo

pr

reddog - First off, at 80% SC, you receive too much money for SSI, which is like welfare. You need to apply for both Social Security Disability Insurance(SSDI), with your disability onset date being the day after the last day you worked, 12 yrs ago. You should also apply for Social Security Retirement(SSR) at age 62yo. You should receive SSR quickly and your claim for SSDI will be processed. If you win SSDI, they will recover what they've paid in SSR and pay you the full rate for SSDI. jmo

pr

[free_spirit_etc]

reddog - I repeat what I stated previously. jmo

pr

I agree. You certainly have the right to apply for benefits before a decision is made in regard to whether or not you are entitled to them. Sometimes they try to short cut it and tell you that you can't apply because you are not entitled. The decision as to whether you are entitled should come after you apply for benefits; not before.

In my husband's case, he was told he could not apply because he was no longer insured. His last date insured was December 2005 and he was applying in (I think it was) May 2006. But the question was not whether he was insured the day he applied. The question was whether his disability started while he was still insured. We talked them into letting him apply to see if he could be considered disabled back in December 2005 (when he stopped working) or August 2005 (when his his income dropped below substantial gainful). They processed his claim and he was approved 3 weeks later. (That was kind of fast, but they processed it as a "TERI" claim due to his terminal illness.)

I am certainly glad we didn't just listen to them and not even try to apply because they told us it was too late to apply.

In my case, I had to fight to apply. I was trying to apply for Mother's benefits after my husband's death. They kept telling me I could not apply because I was not eligible. They tried to tell me that an adult child has to be physically disabled to be considered to be "in your care," and that Mother's benefits are not applicable if the adult child has a mental disability, rather than a physical one. This is not in compliance with the law. Mothers who have mentally disabled adult children in their care are very much entitled to Mother's Benefits. But I couldn't seem to convince them of that. (And yes, they tried to say I didn't try to apply for Mother's Benefits).

When I received my Lump Sum Death Benefit award letter - which stated I was not entitled to any other benefit - I appealed that - and stated I wanted to be provided with the opportunity to apply for Mother's Benefits before a decision was made as to whether or not I was entitled to them. They allowed me to apply, and I was eventually awarded benefits. It took a long time because they seemed to be dead set on not granting me the benefits, despite the fact I was eligible for them. (Thank God for the ALJ and the Appeals Council!!!!)

Once again, I am glad I didn't just listen to them and not even try to apply.

So my point is - You should apply for any and all benefits to which you think you might be entitled. The decision as to whether or not you are entitled should not be made until you have actually filled out an application, had your claim developed, and been afforded full protection of the law - including the right to appeal adverse decisions made on your claim.

Edited January 3, 2012 by free_spirit_etc