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 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ssdi After Awarded Tdiu

Rate this question


ncjoe1970

Question

My hearing is coming up next month for my SSDI claim. I have been on TDIU since March 2011 and my lawyer swears we have a very good chance of winning this case because I am already receiving TDIU from the VA. I have been turned down by Social Security before but have never had a hearing.

Most cases I see on here have already been awarded SSDI, before they received TDIU. I'm the opposite. Anyone else had a case like mine ?

Link to comment
Share on other sites

  • Answers 30
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

My hearing is coming up next month for my SSDI claim. I have been on TDIU since March 2011 and my lawyer swears we have a very good chance of winning this case because I am already receiving TDIU from the VA. I have been turned down by Social Security before but have never had a hearing.

Most cases I see on here have already been awarded SSDI, before they received TDIU. I'm the opposite. Anyone else had a case like mine ?

The IU should certainly help to support your claim for SSDI, be sure to take a COPY of your IU decision, award letter

to your SSA Hearing, to leave with them.

I believe when you finally WIN your SSA claim, SSA holds back (does not pay for) the first 5 or 6 months, but

you should get the rest in retro.

Only from my experience's, they don't tell you at the Hearing if you WIN or not, but I think you're going to WIN this time.

Hopefully in six months or so you get a letter from SSA that states something like FULLY FAVORABLE !

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Carlie,

It has been a battle from beginning to end. The first two appts with Social Security were a joke. One doctors office was in the back of a public library and the other doctors office was so nasty the fish tank was so green you could not see through it. It was a waste of time and now I finally will see a judge to make a decision. My attorney seems very positive about this case, but with all I have been through over the years I question everything.

Thank you for your quick reply and I hope you are right. I'm tired of talking about my PTSD over and over again.

Link to comment
Share on other sites

I'm trying Philip. I have a very short temper with my PTSD and have been to hell and back over the years. Finding this site has been very helpful as I trust my fellow veterans than any VA doctor etc.....

Just trying to live as normal life as I can...

Thanks again....

Link to comment
Share on other sites

  • HadIt.com Elder

ncjoe1970 - life can get better but it takes a while. You'll never be who you were before PTSD but believe it or not you can be very proud of who you will be. Stay in counseling. Take meds on occasion, if needed. These days I rarely get angry because I kinda realize it doesn't help anything. I still have problems becoming close with others cuz I don't want the pain that will come w/it. Stay safe, bro!

pr

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

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • 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