Do I Qualify

[diver]

Hello everyone. I am looking at filing for SSDI and I don’t know what I am facing. I have herd lots of nightmares from it. I will be leaving work this month and starting voc rehab. I am unable to continue to do the work that I have been doing for 9 years. I am only 41 and here is my list of service connected problems.

Depression 50%
Lumbar strain 40%
Tinnitus 10%
Right ankle sprain 20%
Left ankle sprain 10%
Left knee instability 10%
Left knee chrondromalacia 10%
Right knee chrondromalacia 10%
Left knee limitation of extention 10%
Right knee limitation of extention 10%

What would be my odds. Again I know nothing about this. I was never planning on this until I have been told by many friends and family to do it.

Thanks for your thoughts and any pointers on how to do it

Diver

[free_spirit_etc]

Diver,

I am sorry to hear you had to leave your job. Though you are considered "young" by SSA standards, and thus they will see if you can be retrained for a different kind of job, the percentages on the back disability and depression are very relevant for your claim. The back injury would most likely rule out many non-sedentary jobs, and the depression might rule out many sedentary jobs.

You might want to contact a few SSA attorneys and see what they tell you. You might want to contact NOSSCAR http://www.nosscr.org/for referrals. You may call NOSSCR at 1-800-431-2804 during regular Eastern Standard Time business hours.

Some attorneys like to handle claims from the beginning to make sure everything is filed correctly before an initial decision is made. Other attorneys don't want to take claims until the person has already been denied. So keep that in mind when you talk to them.

Some people prefer to go it alone when filing, and other people prefer to get an attorney involved from the start. If you get an attorney involved, they will generally get a percentage of your retro pay regardless of what step in the process they enter representation. So some people prefer to get an attorney from the start, rather than do a lot of their own legwork, and then end up having to get an attorney later.

Some people also use Allsup http://www.allsup.com/Some people have liked them; others haven't.

But a good first step is to contact some representatives and see how interested they are in taking your case. The more interested they are, the less you probably need an attorney.

Good luck!

Have you also considered filing for any increased ratings and TDIU with the VA?

[diver]

thank you Free_spirit_etc for the reply. I am planning on filing for TDUI and also I have requested an increase in my knees and I have a defered bilateral heal spurs and finally I am filing a NOD on denials for hip and sciatica problems. I think it may be best for me to contact an attorney and go from there.

thank you

diver

[Mikemmlj]

I always recommend people applying for SSDI watch the YouTube videos by zjonathan Ginsberg and Anthony Reeves they are very informative videos.

[diver]

I will watch them thank you Mikemmlj

[Buck52]

http://www.disabilitysecrets.com/

check out this site!

Buck!

[diver]

thats great thank you

[diver]

Well I just filed online for ssdi. How long on average does it normally takes before you hear anything at all.

[mademike1]

Normally will take 2-3 months before the initial decision is made which is often a denial unless substantial medical files to back up claim.

If denied the appeal process will begin. 8-16 months is the normal wait time to have a ALJ hearing. After which 2-3 months before ALJ decision even if Judge stats a favorable hearing. Then anywhere from 1-3 months on average for benefits to start.

I will use mine as an example:

Initial Filed: Early January 2014

Denied: March 2014

Appealed with Lawyer: March 2014

ALJ Hearing: January 27, 2015 (Judge stated he is giving me a favorable decision though until letter is sent it can change).

Today is March 24 and I still have no decision letter and waiting.

There is still 1 more step after this that can take upto another 3 months though some have gotten it faster.

[diver]

Thank you for the heads up. I hope that with my 11 VA disabilities all but 2 from lumbar down I can qualify.

[ArNG11]

Diver I don't know if this might be useful but this is what I have done to prepare for my cases. In order to file for disability retirement if you are still working. You are going to need an application submitted to SS office. Whether you get the claim approved or denied is irrelevant for your application for disability retirement you have to have an SSDI/SSI application in the works. I filed mine in anticipation for the evidence that the DOL, VA, and AFPC was ignoring. These agencies will require those records in order to process your application. With that high of a rating you should be on the more positive side of getting approved, however, I can tell you from experience, you think the VA is scandalous, you haven't seen nothing yet. I've seen some of your posts but I don't recall if you are working? Are you still employed?

[ArNG11]

Well I just filed online for ssdi. How long on average does it normally takes before you hear anything at all.

I got denied the same day I applied. But I am still employed. Barely employed, but I am having issues at work and it was necessary for disability retirement to have an application in for SSDI? Typically, it can take around 4 months or so, but a lot of factors can make that shorter and unfortunately longer, however, I will say they are a hell of lot more efficient than other agencies, at my first go, I got to speak to a live person and look them in the eye. Much different than the VA and Workers Comp.

Have you inferred a TDIU claim. If you have one rating at 60% or combination of ratings that equal to 70% or more you should have gotten and application for TDIU with your decision. Do you recall if there was one?

[diver]

I am not working now. I am being sent to voc rehab now to try something. And my dav rep did send me some paperwork for tdui. I have filled it out but have nut submitted it yet. I have some claims that are going to be done very soon and if it all works out I will hit 100% and I will not need the tdui. I am currently sitting at 90.3% and I have 8 claims open. I just had my knees done and I have 2 that are rated at 10% that should go up to 20% for 15 degree extension. And then I am rated 10% for left knee instability and the Dr found instability in my right knee also so hopefully I will get fated for that and they will become bilateral. Then I was rated for sciatica in left hip and the decision stated that my Dr stated it was in left hip only but after talking to my Dr his exam states in 2 locations that it's in both extremities. So if they fix that there is another 10% and then they would be bilateral. And then I have heel spurs on both feet but I will probably be denied for them. I am very close and if it puts me over the top then I would much rather not have to start another nightmare with the VA. However it is filled out and ready to submit as soon as I get the rating.

[ArNG11]

Diver, I just noticed, we are about the same age. Not really funny but, at least we know, there are others out there in the same boat as we are. I'm sitting out here waiting for the functional capacity exam on my hands. This makes two now. One for my back and now the hands. Different agency though. This process stinks all to hell brother. Hang in there.

[diver]

Thanks you too

[Philip Rogers]

Diver I don't know if this might be useful but this is what I have done to prepare for my cases. In order to file for disability retirement if you are still working. You are going to need an application submitted to SS office. Whether you get the claim approved or denied is irrelevant for your application for disability retirement you have to have an SSDI/SSI application in the works. I filed mine in anticipation for the evidence that the DOL, VA, and AFPC was ignoring. These agencies will require those records in order to process your application. With that high of a rating you should be on the more positive side of getting approved, however, I can tell you from experience, you think the VA is scandalous, you haven't seen nothing yet. I've seen some of your posts but I don't recall if you are working? Are you still employed?

ArNG11 - There is no SSDI retirement. SSDI is a disability insurance/income that you've paid into by working. SSI is Supplemental Security Income and is for people w/o enough work credits for SSDI but are disabled. It's kinda like welfare. SSR is social security retirement and requires the claimant to be a minimum of 62yo to receive a reduced retirement rate. SSDI pays the full retirement rate, now, you would receive at the currently full retirement age of 66yo.

pr

[ArNG11]

You're right PR. I have the work credits but since I'm still trying to hang in there and still working I'm going to get denied. For me I was trying to get my ducks in a row. I'm getting warnings at work and was trying to get things lined out. It's kind of weird and I get a lot of looks. I can't stand this predicament.

[diver]

I just received the denial letter today for ssdi but yesterday I received notice that I have been determined to be 100 P&T from the VA. Happy and pissed all at the same time. I will file a disagreement and send them the new ratings from the VA for them to deny again but I am very lucky to have the VA money to cover the bills.

[ArNG11]

Diver that is good evidence to use for SSDI. Use the 100% P&T as evidence for SSDI Like you plan. So far I've gotten 3 offers for representation. all 3 want 25 % of retro winnings which seems to be the norm and not terrible. It depends how much time and energy you have. But heh you got the big 100. That should make things a little easier. Make sure you check into all the state and federal bennies. Good luck.

[diver]

Thanks ArNG11 will do

[diver]

Update. I have now been denied twice. The only thing I have been told by them is their doctors say I can work even without an exam. Both denials took 2 months total and most of yhatvwas the paperwork i had to file. So I have got myself an attorney and I hope he can get this done. Most would not help because I am only 42 and have only been out of work for 3 months but this one said because I am a vet he would do it. However I am afraid he will drag it out as long as he can for his pay. Can he file for an extension on the 60 day limit for requesting the hearing? I would have thought that being 100% p&t would have made it easier. I assume that because I am not tdui the Washington state grooup are telling me in their own way to stick it.