tdiu Social Security Disability ?

[foreveryoung]

Hello All, and thanks for the great Podcast with Bob Walsh the other day.

I really liked what he was talking about on Social Security Disability. Bob stated that even if you don't have enough quarters paid in you should still apply.

That's what got me thinking. I retired early from the Federal Government after 30 years, CSRS, 3 years ago, due to my VA disabilities. I would have worked longer if I was able to, but my disabilities told me different. During these 30 years I didn't pay into Social Security, but I did pay into the system earlier in my working career, a total of 23 quarters.

I recently got awarded 100% TDIU P&T after 3 years of back and forth with the VA.

My plan after I retired from the Government was to have a part time job to finish paying my quarters into Social Security. Well that's not going to happen now.

So, here's my question, am I able to apply for Social Security Disability even if I haven't paid into the system in over 30 years?

Thanks for all you do here at Hadit.com for Veterans.

Edited December 6, 2014 by foreveryoung

[Buck52]

yeah I agree free_spirit about the termination part...were not pushing that....That family has been so nice through out the years and helped us out more than once....I think they knew how hard it was on her with all her disability's she had they tried to get her to quit a year or two ago. she just kept hanging on.

Anywayz

Were going to try to get an onset date when she became disable ...> so disable she could not do her work efficiently as SS states it says ''even if she was working'' when her disability's arose so bad she could not do her work in an efficiently manner''.

So she is going to ask the onset date be that date (2 years ago) medical records should prove that...some Dr's a couple years ago was terrified that she was still working

We got a lot of medical records together last night to take that she thinks is important to prove her disability marked & hi-lighted, so we will see what they say tomorrow I'll let you guys know.

Thanks everyone for the information!

...................Buck

[Carl the Engineer]

60 is good. My wife was 49 and had to jump hoops. Pretty hard to do with a walker, but we worked throught it. Below 50 if the person can do anything else, then not disabled. 60, your disabled if you cant do what you currently do..

Let me know if your first time at the window they actually talk "about' the disablility or just take your name put your folder on top of the pile and we will call (mail or dicision) later.

We did everything online. My wife (and me for that matter) never actually saw a SS person in person. My wife never left house. Denied twice but won with an ALLSUP represenitive help. Yep 25% percent back pay, etc. But they are the best.

Good luck,

Hamslice.

[Buck52]

Yeah ain't that the truth Hamslice...

That will probably be the way for us too, get to the window and they just pile her medical papers on top of the desk and say ok we'll call you or send you a letter with our decision...if they tell us that that's when we /she will ask to discuss some of her disability's and the on set date/dates...not sure how for back SS will go on that but she has medical papers signed by MD's at the VAMC ....to determine the onset date we know thatwill be hard even with medical evidence if she denied for that we'll call an attorney.

this is why we didn't do it on the puter.

she trying to get all her eggs in one basket and go to SSA Office tomorrow morning 10:15 is her Appointment time but it probably be close to 11:00 by the time were called to the window...this is a busy busy SSA Office.

...................Buck

[free_spirit_etc]

Buck52,

I think her biggest hurdle will be their questioning her going from making the amount of money she did a couple weeks ago to being totally disabled. However, they should realize some people keep dragging their bodies around to work when they are totally physically disabled. But another word you might want to keep in mind is "accommodation." She had been employed with the family for a long time and so they made accommodations for her as long as they could, but as she got worse they were no longer willing to make accommodations.

Also -- as to whether she could do the same type of work they are NOT supposed to take accommodations into consideration. Though the ADA says employers must make accommodations, SSA isn't supposed to consider them -- i.e. they can't say "Well, if she can find some other employers who will make accommodations for her she would be able to work. To consider her employable, they have to consider it as - Can she do this type of job without any accommodations being given to her for her disability.

Hamslice,

Yes, 49 seems to be a rough age for SSA claimants. They are ALMOST in the next category age-wise, but still considered with younger claimants. I had a friend in that situation. She was denied and I had to keep encouraging her to apply again the following year when she turned 50. She was so afraid of being denied again, but she was close to running out of her insured status time. She was approved, but still had to take it to a hearing. The lower level employees have to follow the GRIDS and POMS. ALJ's have more latitude, and are guided by the laws more than POMS.

ALLSUP has a very good record, though I hear they only take claims they know stand a good chance of winning. I live pretty close to them. I was actually recommended to work for them once. I hung out in an SSA forum for a couple of years while I was dealing our claims for survivor benefits. Most of the people in the forum were Social Security representatives and lawyers. One of them referred me to work for ALLSUP as a claims rep, but I wasn't interested in it at that time. Most of my experience was with our survivor claims - but I had to read through so much law and policies, I picked up some other stuff along the way. He seemed to think I would make a good claims rep, but I wasn't so sure that I would. The whole disability law can get pretty complex.

I am happy your wife hung in there and got her benefits! And good luck to Buck52's wife too!

[Carl the Engineer]

free,

I too had heard that they only take claims they can win. If thats the case, then use them as a guide, its upfront free. If they take your case, go with them. If they don't, well then you know you have some work to do.

Hamslice

[free_spirit_etc]

Hamslice,

I have actually told a couple of people to check them out, and if they offer to represent you, you might be able to go it alone -- if they turn your case down, you might start looking for an attorney. lol.

By the way -- Congrats to you daughter! Your post was so funny - but I am not good at replying on my phone.