ptsd Hopefully The End Of A Long Road

[RuskiLinguist]

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 ;-)

Sincerely,

Your RuskiLinguist

[Pete53]

I am sorry that you lost your SSD claim especially since you are 100% with VA. To be honest I don't think I have seen or remember a 100% Veteran lose a SSD claim before. All I can offer from my heart is to not give up and huddle with your lawyer. I would definitely appeal this decision.

As far as your hurt from the denial it is ok to be upset just don't et it consume you. The most common reason for a claim to be denied on Hadit is that a time limit disqualifies the claim cause the claimant waited to long to file or there is a lack of quarters. That can be curable for some by making sure that credit is given for your service is you served far enough back. Sometimes on the application people will use the current date instead of the actual date was unable to continue working,

I am going to reread your thread after I go to my son's 4th of July BBQ.

As far as Facebook and other social media I am very active on Facebook with my family and many old friends from HS.

Hang in there

[Notorious Kelly]

Rl,

I won with an On The Record decision before having to see an ALJ

http://www.disabilitysecrets.com/on-the-record.html

If you feel up to it you can give that a shot.

[stillhere]

Ruski, After reading this entire threat and being one of those 100% PT vets that got approved in 4 months doing the paper work by myself I am like you perplexed at what you have had to go through.

Your lawyer should know what to do but in this case I wonder if she/he is even helping in this cause!

I remember a few years ago maybe 7 I had a private GP that when I mentioned that my DB2 was caused by my service in Vietnam and the Agent Orange he disputed that! After all my awards and getting VA healthcare I did visit him a few additional times and his beliefs had changed, He even agreed with my PTSD DX and was very helpful.

When I applied for my SSDI I was rated 50% for PTSD and 100% for my heart and thought my case would be a slam dunk. While it eventually was approved with out much trouble, they still sent me to one of their shrinks for evaluation, but he concurred with the VA so I was passed.

I wish I had more to help as specific to your case and I understand your frustration all to well!!

Keep the faith that you are right and let the facts speak for themselves then they will have to correct their mistakes!!

Stillhere

[ketchup56]

Sounds to me maybe your attorney did not put forth a good enough effort. But you say you will be eligible for medicare in november i would do that, and at the same time if this is about the money i would check on my early retirement ssa benefits. There might not be a big difference in early retirement benefits than if you actually wait till 66 1/2 or age 70. In the meantime i would stay with this attorney, and "APPEAL" the ssa decision to the next level of appeals to reserve your back pay dates. Whatever you decide DO NOT file a NEW CLAIM. With what the vocational expert saying there are no jobs for you in the economy that should have sealed the claim, with all the other evidence. Sometimes these attorney's just show at the hearing without actually reviewing your claim until a few hour before your hearings. This may or may not have happen in your case, but from here on out i would be checking on a regular basis to make sure they are up to date on my claim. It's your money, and your'e paying for there services. JMHO.

[free_spirit_etc]

It looks like your problem is right there. "He then asked if there were any jobs I could do with the same criteria as above.

VE said Yes"

The VE basically said that there were jobs available that you COULD do with your current level of disability.

VE testimony CAN be challenged (as they pretty much just wing it and make stuff up on the fly).

I am not sure if your attorney is familiar with David Traver - who sponsors SSA Connect ssaconnect.com - but he has a wealth of information available on challenging VE testimony. He even wrote a book on the issue. http://www.jamespublishing.com/books/ssr.htm

I think your attorney might also want to challenge the ALJ's "fact-finding." The ALJ is supposed to base his decisions on the facts presented IN the record. He is NOT supposed to do "independent research" on facebook.

http://socsecnews.blogspot.com/2012/05/aljs-forbidden-to-search-online-for.html

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!!!

GGGRRRR!!!!

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

BOOOOOOO!!!

Will post more as I know more

Your Ruski Ally!!!

[free_spirit_etc]

You would want to check with the terms of your insurance with the Department of Labor to be sure. Many insurances require you to sign up for Medicare to continue to get coverage from them.

Even Tri-Care requires beneficiaries who are eligible for Medicare to sign up for Medicare to continue receiving Tri-Care benefits.

I will be elgible for medicare in November of this year. I have insurance from the department of labor and the VA supplies me with all of my meds. Do I have to enroll in medicare? Seems like a waist of money to me.