So I Just Found Out I Was Awarded But..

[asheth007]

The back pay amount is really low. I initially put in the claim in February 2014 did reconsideration in June after initial disapproval. I was retired from military in June of this year. I had exam on 28th October for SSA.

I was given the back pay today the lady on the phone that DDS made decision on the 6 November but I was selected for review blah blah. She said back oay was sent out and attorney paid so award letter will becoming soon.

The amount of backpack was $2999 wtf?

From my reading here it must be something with the onset date perhaps? I have this feeling they only gave me onset the day I retired from the military since it is technically the day I stopped working.

Any insight?

[asheth007]

Thank you free spirit for the information very helpful

[free_spirit_etc]

They would not go back to 2012, because as long as you are "earning" wages, you are considered having substantial gainful activity. But they should go back to the day you retired, especially if it was a medical retirement. Of course, you would have the waiting period that you would not get paid. But if you medically retired in June, the August date seems odd. But I think any decision done below the VLJ hearing is usually worded totally sloppy.

My husband retired from the AF in 1998. He went to school and then taught part time at a college, which doesn't pay into SSA. So, when he applied for SSA in mid-2006, they told him he wasn't eligible because he didn't have enough paid quarters in the past 10 years. She was going by the day he was applying as the date he became disabled. That just does not make sense that people apply the day they become disabled.

So I pointed out to her that he did not work since November of the previous year. If they took it back to December 2005, he still had insured status at that time. So she agreed. Then I pointed out that his income had actually dropped below substantial gainful in August 2005. So she agreed to take it back that far. So he was approved and his waiting period had already been "served" as they went back to August 2005. Since he had a terminal illness, it took less than three weeks from the day he applied until he had money in the bank.

All I can say is it is a good thing I read the regulations the night before his appointment. Otherwise, he would not even applied, as she told him he wasn't eligible.

You always have to watch out for yourself. ;)

Edited November 24, 2014 by free_spirit_etc

[asheth007]

I received the Award letter and it doesn't really say why they chose the August date. I did look at my VA records to see if anything significant happened and it was my first visit with my Rheumatologist at the VA for the main condition that I suffer from. I think they chose August because that was the first re-diagnosis of my condition which is basically reconfirmation of what had already been diagnosed while I was in. I don't think an appeal is worth it vs. the risk since we are talking about 1 or 2 months of backpay.

In my award letter it doesn't have any real information just the payout numbers, backpay and all that stuff. How can I get a copy of the actual review and exam or whatever I need to add to my IU claim. The award letter doesn't state what I was given SSDI for really just that I am awarded it.

Free or Berta?

[free_spirit_etc]

You might be able to call and ask your case worker for a copy for your veteran claims, or just for a copy for your records. You have the right to see your file, and to make copies of anything you want to make copies of. But you most likely would need to make an appointment for that.

I requested a copy of my son's file. I made a written request through their Privacy Act https://secure.ssa.gov/poms.nsf/lnx/0203311005

They were too busy to make a copy for quite some time. But I finally got it.

I am sure many vets have had much better luck getting copies of their files fairly quickly for their VA claims.