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Ssdi Turndown At Alj Level?


donnieben03

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'Just wondering, I'm 100% P&T for PTSD and have been turned down twice for soc sec disability. Both times they said I didn't have enough work credits but I appealed and waited 14 months for hearing before ALJ. Had my hearing two weeks ago and the ALJ said that my work credits problem was resolved in my favor------ so now my question ---- has anyone who is otherwise eligible for ssdi been turned down with a ptsd diagnosis that has been made by several doctors. Has anyone ever heard of anyone not winning award at ALJ for ptsd. My lawyer said we did good at the hearing but my ptsd anxiety won't allow me to relax waiting for the decision. Everyone please answer

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  • HadIt.com Elder
Thats odd. Most people who have PTSD get SSDI. It is the people who have other physical issues that often do not get it.

The way that I understand his post, he was not turned down because of the PTSD, he was turned down because they didn't think he had enough "qualifying quarters", enough "work credits".

In the Social Security scheme of things, it doesn't matter what your IMOs say or your private doctors say, it matter what the Disability Determination Service says. They do work off of the IMOs, private doctors exams, though, so you should be okay. The Disability Determination Service is usually a part/parcel of your STATE Voc. Rehab. Department. They contract with the FEDERAL Social Security Administration to provide, well, to provide Disability Determinations. Find out their telephone number and call the person that is handling your "case". Schmooze with 'em. Be surprised what you can find out...........!

BT,DT.

But, let me ask you a question. Was your hearing before the Administrative Law Judge about your supposed lack of enough work credits, or was it about your PTSD? Normally, they won't just roll a bunch of questions into their rulings, but, instead, prefer to focus upon the question of law, or the matter-at-hand. And, a ALJ will not rule on a medical finding at all, in my experience that is. That's what the Disability Determination Service is for.

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Guest jstacy

In order to qualify for SSDI benefits a person must have worked 40 quarters.

As for case law, PTSD is the easiest way to get SSD.

If you do not have SSDI credits then SSI is another option.

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I believe that in his post he stated the ALJ settled the credit issue with him. If your over 50 years of age you must have 40 credits. There are increments of credits based on your age.

"The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Also, the credits must have been earned within a certain time period. Generally, you need 20 credits earned in the last 10 years, ending with the year you become disabled.

Younger workers may qualify with fewer credits. For example:

A worker who becomes disabled before age 24 needs to have earned six credits in the three-year period ending when disability starts.

A worker who becomes disabled between age 24 to age 31 needs to have credits for half the time between age 21 and the time disability starts. If disability starts at age 27, the worker would need credit for three years of work (12 credits)) out of the past six years between age 21 and age 27."

The rule of thumb for SSDI is not that you have PTSD or any other mental disorder, but do you have the "inability to engage in substantial gainful activities?"

PTSD is listed in the List of Impairments under 12.06 Anxiety Disorders. There is no distinction between PTSD, Generalized Anxiety Disorder, or any other Anxiety Disorder. To Social Security, all things related to Anxiety fall under the above 12.06 section.

Have people been turned down for PTSD by Social Security even with 100% VA? Yes they have based on what I just stated. If you cannot show your not unable to participate in substantial gainful activity, your claim will be denied. It matters little if the VA says your 100% P and T. Every claimant with Social Security must overcome Residual Functioning Capacity (RFC) and be able to show that none of your skills are transferrable to other occupations. So if you can:

1. Establish the inability to particiate in substantial gainful activity;

2. Pass the Residual Functionaing Capacity rule;

3. Be able to show your skills are not transferrable to any other occupations, then your chances of approval are dramatically improved.

Simply saying your disabled; having a doctor write a letter that your disabled; or having the VA saying your P and T is fine, but you need the other 3 things. And if a doctor or the VA have not said the 3 things you need, then providing all the files you have and leg work will be end being for nothing.

Patrick

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The way that I understand his post, he was not turned down because of the PTSD, he was turned down because they didn't think he had enough "qualifying quarters", enough "work credits".

In the Social Security scheme of things, it doesn't matter what your IMOs say or your private doctors say, it matter what the Disability Determination Service says. They do work off of the IMOs, private doctors exams, though, so you should be okay. The Disability Determination Service is usually a part/parcel of your STATE Voc. Rehab. Department. They contract with the FEDERAL Social Security Administration to provide, well, to provide Disability Determinations. Find out their telephone number and call the person that is handling your "case". Schmooze with 'em. Be surprised what you can find out...........!

BT,DT.

But, let me ask you a question. Was your hearing before the Administrative Law Judge about your supposed lack of enough work credits, or was it about your PTSD? Normally, they won't just roll a bunch of questions into their rulings, but, instead, prefer to focus upon the question of law, or the matter-at-hand. And, a ALJ will not rule on a medical finding at all, in my experience that is. That's what the Disability Determination Service is for.

I think SSD is just as slow and full of bullshit as the VA .. i applied march 2004 at the time i was 70%PTSD and IU now i am PT also and have had 3 different outside doctors some gave test some reports and still SSD is not ready to grant and i have yet to see the judge after 2 1/2 years

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  • HadIt.com Elder
I think SSD is just as slow and full of bullshit as the VA .. i applied march 2004 at the time i was 70%PTSD and IU now i am PT also and have had 3 different outside doctors some gave test some reports and still SSD is not ready to grant and i have yet to see the judge after 2 1/2 years

Well, if it's been 2 1/2 years with SSA then something is wrong. I was, what at the time I thought was a long time, getting my SSDI and, if I'm not mistaken, it was 9 months, start to finish.

You need to get on the horn and find out what is taking so long, then rectify the problem.

Call your U.S. Senator's office and ask to speak to the person that does the laison between the Senator's office and SSA. Tell them you want a "Congressional Inquiry" letter sent to SSA about your claim. That'll usually do it.

I had a heck of a time getting my SSA records for the BVA, even after doing all the formal FOIA request, etc. So I called my Senator and, believe it or not, SHE answered the 'phone. She called my local SSA office at 10 AM, at 11 AM I got a call from the Mgr. of my SSA office "asking" me when I could come down and view my records and tell them what copies I needed to go to BVA and that they would be HAPPY to make any and alll copies that I needed.............................the schmucks had had my records all this time, sitting in their office, 10 blocks from my house, they had the darn records the day I went in to their office and FILLED OUT the request for my records.......the darn things were in a filing cabinet 15 feet away from the counter where I filled out the request..............I did get a free cup of Joe from the mgr. when I went to view my records...................amazing.......I don't really think that the Senator calls that office very often.....heh-heh!

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