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Hopefully The End Of A Long Road

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Hello again, all. Just your friendly neighborhood RuskiLinguist here giving what I hope to be the last in a long series of upd VA Voc Rehab has saiates regarding the Social Security Claim I filed back in 2009.

I have followed almost all of the advice provided by the experienced folks on this site. I have a local attorney, after some serious problems with the SSD MillMachines who advertise a 99% win rate. This local attorney actually returned my calls, and called the SSA at my request to see why I hadnt been scheduled for my ALJ hearing after more than 16 months of filing that particular appeal. Now here comes the surprise:

I finally have a hearing date!!!! I will be going in front of the ALJ on the 4th of May.

I hope this is the last of the threads I have to start on this topic, and that my next posting will be in the Success Stories Forum.

I know there has been a bunch of information passed in this forum, and even if you think I should have read it already, I will not turn away any last minute words of wisdom.

Although I am nervous as a long tailed cat in a room full of rocking-chairs, I think I finally got myself a good attorney. That seems to keep my nerves from exploding.

For a refresher, I am filing due to PTSD, Major Depressive Disorder (rated at 100% from the VA) as well as digestive problems (rated at 20% from the VA) and back problems (rated 10% from the VA) All of thes conditions are service connected, and are well documented in my records. Even though I haven't been declared "unemployable", VA Voc Rehab submitted documentation that "Vocational Rehabilitation is NOT Feasible" for me due to my Service Connected conditions. They C&P examiner (Psychiatrist) and my primary Psychologist have also both stated that "my disabilities preclude me from gainful employment".

Again, Please feel free to give me any 2 cents worth, but as always, I can only offer a penny for your thoughts ;-)


Your RuskiLinguist

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  • HadIt.com Elder

You need something from a doctor or rehabilitation specialist saying you will be unable to work for at least one year. That is one big technical requirement they usually insist on at SSA. I don't know how in hell a 100% disabled vet should be denied SSD but it happens all the time. If you lawyer thinks you can win they you probably can. You might want to bring the rating schedule for 100% mentally disabled vets which includes inability to hold a job and interact with others. I got SSD for mental health issue a couple of years before I got it for VA when I had VA service connection for 30 years at 30% rate. My doctor really knew how to write a letter for SSD that hit all the buttons.


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"Even though I haven't been declared "unemployable", VA Voc Rehab submitted documentation that "Vocational Rehabilitation is NOT Feasible" for me due to my Service Connected conditions. They C&P examiner (Psychiatrist) and my primary Psychologist have also both stated that "my disabilities preclude me from gainful employment".

If a vet is 'un0vocrehabable' they are unemployable.

But I agree with John that it would be great if you could follow his advise and get a corrobrating specialist opinion to the VA opinions.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I had a meeting with my new and kinda awesome lawyer today, and after reviewing all of the evidence, she says that I have a "strong case"! WOOT WOOT WOOT!!! I just hope she tends to underexagerate rather than overexagerate. What would be perfect is if she did neither, and just let me know the truth, lol!

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I had my SSDI hearing today. I thought I would write this while the information is still fresh in my pathetic memory.

Bottom Line Up Front - I am now one step closer to knowing what it must feel like to give birth; and I know nothing more today than I did yesterday!

ALJ ran the show. He went over administrative data, address, age, education, phone number, etc... and then gave my lawyer the chance to present our case.

The lawyer did a good job summarizing while hitting all of the high points.

The judge then asked me a lot of questions that were already covered in the evidence, but I answered politely and expanded all answers to include how the medical limitations affected my daily living and my work.

He asked the Vocational Expert if I could do the work I had done prior, given my current age, education, experience and medical diagnoses. VE said no

He then asked if there were any jobs I could do with the same criteria as above.

VE said Yes - and labelled a few B.S. jobs that makes one wonder if they should be scratching their watch or winding their a$$$ ;-)

The judge asks the VE to consider 2 more functional limitations and asks if these jobs were still viable for me. VE says "no"

Given these same 2 functional limitations are there any jobs in the economy I can do. VE says "no".

My lawyer provided 4 more functional limitation assumptions (all based upon medical evidence in my files) and for all 4, the VE said "no"

The judge asked when I got married, when I got divorced, when each child was born, and verified I had more than enough quarters and earnings information listed to close the file.

He asked my lawyer if she was "OK with him closing the case". My lawyer said "yes"

I left the place feeling like all had gone my way, then got home and looked up the ALJ's record, and he has the highest denial rate of any ALJ in my state. Freaking figures. Only a 30% favorable rating in 2012!!!


Lawyer says 30 to 60 days before we can expect a decision.


Will post more as I know more

Your Ruski Ally!!!

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