ptsd Can You Apply For Ssdi More Than Once?

[jeffperry1134]

I applied for SSDI a few years ago and was denied and did not realize the waiting period is shorter to appeal so if I wanted to apply again could I? I realized that in my initial claim that they did not even consider my PTSD at all, even though it was the first thing listed. I don't know if it would help now that I am in school through Chapter 31 but I wondered if it would be worth it to re-apply. I also need to apply for SSI for my disabled daughter who has cystic fibrosis.

[Mikemmlj]

I would think if there has been any change in your circumstances you could reapply.

[Philip Rogers]

You can reapply, however, I suggest you appeal the previous denial. I believe there is a 4 yr appeal deadline but it may not be absolute. With that in mind, I would find an attorney thru www.nosscr.org. During the period of my SSDI claim, I used a local attorney, who knew nothing about SSDI law (which I didn't know at the time) and was denied. I appealed, pro se(by myself) and was denied again, and I appealed. In the meantime, the SS people took my appeal, called it a new claim and filed a new claim for me. Seven yrs later I contacted an "experienced" attorney who, teaches at the Vermont Law School and she told me there was nothing I could do. It wasn't worth pursuing, as I'd lose.

I then contacted www.nosscr.org, who referred me to an attorney, in my area. I met w/her and within 6-7 months she won my case, going back to the date of my re-application. She won about 5.5 yrs retro. I received about $51k (my SSDI rate wasn't that high, due to my sporadic work history, caused by my PTSD) and she received $4k, the max allowed by SS, at that time. I believe the current SS max rate is either $6300 or $6700. It didn't hurt that my ALJ was pro veteran.

As for you daughter, you can apply for SSI, which is income based, kinda like welfare, but she could be eligible for SSDI, against your SS account, in that a child disabled before 22yo can receive disability against their father's account because they have no work history. Something you may want to look into. jmo

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I should also mention that during all this time period, I had a slip & fall accident (ice and snow), causing me to fracture my leg. I saw an attorney who stated "you live in VT, it snows and is icy in the winter," so I was out of luck, no claim. I found another attorney and we won more than $25k but less than $30k. I can't discuss the actual amount awarded. I believe we went to, what's called, binding arbitration. The moral is always check w/other attorneys. Just because one says no doesn't mean you can't win.

[Notorious Kelly]

Good info from Philip.

"If you didn't appeal, or you missed the appeal deadline, then by all means file a new claim, especially if your medical condition has deteriorated since you filed your first claim" http://www.disabilitysecrets.com/dnewsblog/2008/10/reapply-for-disability-if-your.html

"If you wish to appeal, you must make your request in writing within 60 days from the date you receive our letter." http://www.ssa.gov/pubs/EN-05-10041.pdf

Like many homeless people who apply, I had no reliable address, moved around and was denied. I had failed work attempts, reapplied and was denied.

Submitted for ALJ hearing but won with an "on the record" (OTR) decision before the ALJ.

I'd go to the Social Security office in your town with your written questions about your situation; there is no substitute for talking to people who are knowledgable of the latest regs in person, although I wouldn't take their word as gospel. Always good to confirm info with specific regulations. Maybe even ask them for the regulation number or other written proof that what they're telling you is correct.

They can also help you with your daughter's SSI app.

Good luck!

[Berta]

When my husband was awarded SSDI solely for a NSC stroke ( NSC then, 1151 now)

I called them up (SSA) asking what their decision was on his PTSD, as this was what he believed to be his main disability.

(rated at 30% SC at that time by VA)

They told me they never considered his PTSD at all....didn't have to because the CVA stroke was awarded.

I am a leagle beagle so I drove all the way to Corning NY

SSA office and asked if I could peruse their SSDI regulations and possibly get a few xeroxes (this was prior to the internet we have now)

They let me do that and it was miserable to go through big heavy law and reg books geared to SSA,with employees staring at me as I did that, but within 2 hours I found what I needed and only needed on xerox copy of it.

It is a regulation that states SSA will consider every disability claimed on a SSDI app.

I came home and called them to ask for how my husband could file for a reconsideration. Their decision was only a few days old on the stroke.

They got him on the phone and tried to talk him out of doing that, even suggesting to him and to me, he might even lose the SSDI for the stroke if he asked for reconsideration .

I was not intimidated by that and wrote the recon request for him and made an appointment with some SSA lawyer in Elmira.

Of course I couldn't wait to use and enclose a copy of the SSA regulation itself to support the reconsideration request.

Cripes the lawyer would not even look at my evidence. He said he could not help us and my husband would not succeed on this request.

Three or four months later I called him up to tell him he had just lost 4500 bucks, 25 % of the additional SSDI award retro . solely for PTSD....because he wouldnt help us or even read any evidence.

My husband had won the reconsideration request.

I dont know SSDI regs on applying again but you could find the same regulation I did and use it on your new application for SSDI benefits,unless that reg has changed but I dont think it has....

These days I am sure that SSDI regulations are all on line.

Are you requesting SSDI solely for PTSD?

The only evidence my husband had for both his Stroke award and then the subsequent PTSD award were his VA medical records.

His SSA EED on the PTSD was far more favorable then the initial stroke EED and also far more favorable, after died, when I continued his PTSD claim,

Va awarded him posthumously at 100% P & T for the PTSD using the same EED SSA did, the date "entitlement" had "arose".( and under a CUE claim- 100% P & T under 1151 ,stroke, awarded 2 years ago.

I sure would go for this if I were you and you feel your evidence is significant.

I assume you had been fully diagnosed and rated for PTSD by VA , when SSDI ignored that disability but you had listed it on the SSDI forms.

Edited November 22, 2014 by Berta

[Notorious Kelly]

"They let me do that and it was miserable to go through big heavy law and reg books geared to SSA,with employees staring at me as I did that, but within 2 hours I found what I needed and only needed on xerox copy of it."

Berta even winning old school when it was harder! Thumbs up, Berta!

[free_spirit_etc]

I applied for SSDI a few years ago and was denied and did not realize the waiting period is shorter to appeal so if I wanted to apply again could I?

I am not clear on the part where you said you did not realize the waiting period is shorter to appeal.

Are you asking if you should reapply instead of appealing?

I would think if you applied several years ago, you are not still in appeal status. But I am not sure. If you are still in appeal status, by all means, keep appealing. They used to let people file a new claim while they were appealing the initial claim. But I think they put a stop to that a few years ago.

Otherwise, yes -- reapply. And like others have mentioned, you may want to get an attorney. Some attorneys don't like to take cases unless the person has already been denied, because their pay is based on your retro pay. Other attorneys actually like to be on the case from the beginning, so they can make sure everything is filed properly from the start.

You might want to look over some of the regulations and standards and see where you think you might stand in regard to their standards. SSDI doesn't have percentage of disability. You are either disabled or not.

In regard to your child. The standards for children are basically to consider if they were an adult, would their disability prevent them from working. SSI is income based. However, if you are awarded disability, your child should also qualify as your dependent. But if you have other dependents, they pretty much split the dependent amount between them.

Good luck!