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

[free_spirit_etc]

Buck52,

The denial said she didn't want to apply for SSDI? Or SSI?

She might not be eligible for SSI, based on your income. They count a certain amount of the spouses income as "deemed" to her. You are also only allowed limited resources on SSI also. But I am not sure if they can count your veterans benefits. But the SSA applications say you are applying for ALL benefits to which you might be entitled. So they should consider all benefits. I know some workers state the person doesn't want to apply for SSI, just to save the time of having to process an application if they don't think they will qualify. OR other employees, like the one who handled my husband's claim just type in a bunch of numbers for income (that have nothing to do with reality) to quickly process that part of the claim and deny them SSI. Granted, my husband was not eligible because of his retirement income -- but still they should not just make up numbers on government documents.

If it says she didn't want to apply for SSDI - That is puzzling. Why else would she be applying?

It might be good if she got a new letter from her doctor. If the doctor told her she was disabled a couple years ago, but she kept working, it might be helpful if the doctor would state that she worked as long as she could despite her disability, but can no longer do so. At her age, she should be considered disabled if she can no longer do the work she used to do.

Edited May 8, 2015 by free_spirit_etc

[Buck52]

oh sorry it was the SSI!

[free_spirit_etc]

They might have already decided she wouldn't be eligible for SSI based on your income or resources, and simplified it by stating she didn't want to apply. Otherwise they would have to go through completing the entire application.

Here is an explanation about how they deem income:

http://www.disabilitysecrets.com/counting-marital-income.html

On one hand -- it is not good that Federal workers are taking short cuts to avoid the requirement that they have to process an application for both (at least the worker told us they were required to). On the other hand, it saves you the time of filling out unnecessary paperwork and having to provide a lot of personal information (since it is a needs based program) that isn't required for an SSDI application. It is kind of like the difference between applying for a Veteran's pension vs. Disability. They need all sorts of information on your income and resources for Pension.

The standards for being disabled are the same for each program. So if your wife is declared disabled, she will most likely be qualified to receive SSDI - and SSI would only come into play if her monthly benefit amount was less that the $773 SSI benefit.

It would seem like SSA would just process the SSDI application and not even bother with an SSI application unless the applicant didn't have insured status anymore or qualified for benefits that were less than the SSI amount.

I have no idea why they waste their time with SSI applications until they need to.

[Buck52]

OIC okay gottcha.

I hope the SSA already has her application filled out when we go there the 13th?

she gave them the information they ask for when she called to make an appointment other than Dr's reports and Medical records, and a letter from her VA Dr (which is an MD)... she is getting all that together to take on her appointment day.

Thanks for this information free_spirit_ect

we appreciate it.

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

[Chuck75]

Question.

my spouse is going to file for her disability on the 13th of this month ..she is going to the SSA office with an appointment on the 13th.

She was declared total disable 2 years ago total and received her prescription for her disable car tag by her Dr but choose to keep working but it was her that suffered the pain and she loved her job...(caregiver for an Alzheimer's elderly woman) but not bedridden '' kinda like staying with her Grandmother'' she said!

So our question is can she file for those two years back when she was first declared disabled?

or will SSA start her off the date she files which would be the 13th of this month when she files ?

Any one know about this?

btw she is 60 so not able to retire...she is currently on champVA and private insurance as a supplemental.

Thanks in Advance for your advise and opinions.

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

SSDI automatically converts to SSA retirement when full retirement is reached.

When a spouse is entitled to both personal and benefits from his or her spouse's SS,

things can get involved.

Under certain conditions that the SSA clerks usually don't fully understand, (and I don't either)

the retirement can be deferred, and the amount increases at 7%? a year during the deferred period.

Anyway, It might be possible to somehow account for the initial SSDI, then defer the SSA retirement

to increase the monthly amount of the SSA retirement.

Back one year is the usual limit.

Edited May 8, 2015 by Chuck75

[Buck52]

Thank you chuck75

One more Question?

Should my wife take her medical records with her to the SSA Office? there's about 2 feet thick of medical records from the VAMC FROM 2003 to present, severe surgeries, Neuropathy , ( Heart/Back surgery), Degenerative Bone Diseases , Osteoporosis , Broken limbs ,seizures , HBP , Brain scans , Neruoroapy & testing testing testing ....from X-Rays to special inhance MRI's to Nucular stress testing.

Does SSA Request her medical records from VA? or should just take a few of the bad ones that would make her disable if a medical person reads them!

Remember she my beneficiary from chapter 35

Thanks

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

Edited May 8, 2015 by Buck52