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Ssdi?

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Buck52

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  • HadIt.com Elder

I filed for SS Retirement back in Aug 2014 I turn 62 in July 2014...approved for SSR.....Can I file online for SSDI and have them to change it over from SSR to SSD? or SSDI...although I don't show a work record with SSA since 1995...

I won VA claim back in Dec 2002 TDIU P/T disability is of nature and no future exams scheduled.

I did filed for SSDI IN 2003 was ''DENIED''3 Times So I just waited until age 62 to file for SSR...what are my chances of getting approved and have thrm change it over from SSR TO SSD OR SSDI?

And is it better to file online? the SSA office here is always busy and full no where to sit when you get there!

Thanks...anybody?

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  • HadIt.com Elder

Buck52 - the difference between SSDI and regular social security retirement (SSR) is about 30%, so in your case about an additional $325 a month, for 4 yrs. Or about $15,600 and you would be eligible for Medicare in two yrs. That figure doesn't include any retro money, an attorney could win for you, either. I was lucky and found an attorney who knew her stuff. I first saw an attorney, who taught, at the VT law school, and told me I didn't stand a chance. The attorney I signed up with won my claim in about 6 months. I received $51k retro and she got about $4700, the allowed rate, at that time, for SSDI claims, for about 10 -15 hrs work. My claim had been denied about 7-8 yrs, prior.

You should absolutely go for it. Especially if you've received written denials on earlier claims. They may be your saving grace. You really need a good lawyer.

No one can receive SSDI who hasn't worked, except for a child who becomes disabled at 22 yrs or younger. They can collect against their father's earnings. Those you know probably receive SSI (kinda like social security welfare).

benanna - SSI is supplemental security income and is for claimants who have never paid into the SS system or don't have enough work credits and is income based(offset). SSR is social security retirement. All SSDI becomes SSR at age 66, the current full retirement age. SSDI changes to SSR, at 66yo, and the claimant can work, at that point, if they can. The nice thing about SSDI is that it pays the full retirement rate from the beginning, where early SSR pays a reduced rate by about 30%.

Buck52 - please, please, go after it. You may have trouble finding a good attorney, at first, because most want the easy cases but w/the VA award, it should be a winner. SSDI has a 4yr appeal period but a good attorney knows how to get around it, especially if you have any mental conditions, where they could claim you had a diminished capacity, at the time, and didn't understand the rules. jmo

pr

Edited by Philip Rogers
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Buck52,

I would listen to PR. As he said, find a good attorney who specializes in SSDI claims, turn over copies of all relevant documents to the attorney, including your VA disability documents and medical records, and let the attorney do all the work.

I don't know a lot about SSDI claims but I have read enough of PRs posts to realize he knows what he is talking about regarding SSDI claims. He is really trying to help you. JMO

Georgiapapa

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  • HadIt.com Elder

Philip,

I understand what your saying...I have my old evidence from when I won my VA claim, letters from IMO from an ENT Speicalist from 2003 letter from VA Rehab counsler that states this veteran is not feasible to retrain...and notorized statements from family and friends & test from audiologist with bad discrimation word test in my favor, that is the evidence the VA used to make there decision

.I could not do my job trained to do because of this disability therefore I could not have gainful employment.

could I use that has my evidence?

I submitted that to SSA & was denied. I think 2 times can't remember? just got fed up with SSA.

I can't understand most people unless they talk very loud even with the best hearing aids on the market (SSA don't understand that) my VAMC probably don't have those records? there in my c-file! and SSA don't have access to my c-file correct?

I go to my VAMC for 6month check ups and its just the normal medical jargan when I go for my pain meds and other medical problems probably none that would render me disable...other than what the already am.

My VA PCP can see on the computer that I am 100&TDIU P/T for noise induced hearing loss.

to see me in person you can't see that I am disable other that my arthritics acting up then I walk with a limp and my speech is not good stutter and mumble at times.,,,The DRO noticed that.

Also when I went to the SSA office in Aug of 2014 I was there every bit of 5 minutes prior I had I filled online for the SSR and got an appointment 30 days later & wife and I went to the SSA office in Aug , they called my number and my spouse told the girl why we were there she got up came back with these papers and told me the drill about how much my benefit was and if I worked and made over so much the SSA would deduct a dollar for ever so much I went over, I ask my wife what she was saying? my wife told me, I told the girl I could not work I am a disable veteran, she said oh that's ok I just have to tell you this.....anyway she had some papers for me to sign ...she said this is just giving SS my permission to put the $$ in my back account ect,,ect,, as I kept reading the paper it ask a few normal questions & one thing I read in one line it read ''I am not disable'' I ask the girl about that? that I was disabled she said oh well that just means your not applying for SSDI OR SSD..(I never fully understood her answer) I sign the paper then she said that's all have a nice day.

now I may have a hard time finding a lawyer because of that? but I trust what most people tell me and get confused real bad because of the communication problem I have.

I would say I have Mental problem and been depressed a long time taking meds for that.

Anyway I don't truly know what to do? I may check around for a lawyer I just get so tired of having to go for medical test and things...if I can't use what evidence I have,,IDK?

I will look for the denials from SSA there in the attic some where in a tote! I have a SSA file and a VA file up there.

Thanks for helping me and giving me your advise its greatly appreciated.

Edited by Buck52
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  • HadIt.com Elder

Buck52 - none of those documents should count against you or your claim. You can contact your SS office and request to come in and view your file. If the file is elsewhere for storage, they will request it be sent to their office and notify you when it's there. You can go thru your file and request copies of whatever you need, at that time.

Whatever you do, please pursue this! I can warn you about attorneys - some will say they don't want the case - you don't stand a chance, but that's BS. A good representative/attorney can win your claim and because of the previous denials will receive the max allowed by SS(which is somewhere in the $6300 - $6700 range, I believe).

The first atty, I used, lost my case because he wanted his new hire to get some experience. She had just passed the bar exam. They cost me 2.5 yrs of benefits. Another time, I saw an atty when I slipped on ice & fell outside someone's business and he told me too bad, so sad, but this is VT and ice and snow happen. I got another atty and got medical paid for (about $10k) and $15k+ for pain and suffering. So always seek another opinion! Just so you know, I don't sue people for a living. Some friends think I do and say they're not like that. To which I add, nope, you're just stupid! ;-)

Check w/www.nosscr.org for someone in your area.

pr

Edited by Philip Rogers
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  • HadIt.com Elder

Well I don't blame you I would have too even if it is a area with lot of ice/snow a place of business is suppose to clear the way for there customers or non-customers its there property! that's what Insurance is for. I agree with ya buddy!

Do you think I should start this online or get an appointment and go talk to SSA Office? and take what evidence I have and the denial's?

or check around for attorney's first?

and can I use the old evidence from VA? I have most of that in my possession the IMO from ENT Dr, audiologist reports rehab reports and statements from family/friends, beings hearing impairment does not get better only worse...there's surgery one can have with installing C-implants but they cut your ears off and I sure ain't having that done.

what about that SS letterhead I sign ...''I am not disable''? the SS clerk said that is on all the SSI/SSR it basicly Means your not applying for SSD...I thought WTF?

Maybe that's why I need to get an Attorney?

There's some fairly good decent ones here in Dallas Binder & Binder are good from what I been told?

Edited by Buck52
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Buck52,

Binder and Binder is a nationwide firm. Just be careful not to get one of those "new hires" like PR was talking about. JMO

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