I Successfully Was Award 100% Iu P And T, But They Didn't Pay Back To Date Of Claim?

[yoopergirl]

So, my original date of filing for IU was Jan. 2011, denied in August of 2013, sent in new evidence (based on social security awarding me disability back to 2009 for my sc disabiities), then VA awards me 100% IU PT, in Feb 2014 but only paid me back to September of 2013. The only thing I see in any of my records with that date is a letter I requested from Voc. rehab to add that I was no longer in voc. rehab. the letter was dated in september but I had been out of voc. rehab recommended by my shrink since Nov of 2012. Isn't it odd to not give me backpay to even the day I filed for reconsideration? (Feb 2013). I feel I should have been backpaid to the original claim date but I just got a denial saying that they won't reconsider without additional information. I am at a loss, any advice?

Thanks!

[Buck52]

As I understand Attorney fees the cap is 20% of what you win in retro, but it would be better to discuss this with your Attorney so you know for sure how much you will be charged.

AS for as what I want to know??...how did you get retro from SSD back to 2009 when you first filed for SSD in Aug 2012?? unless you were not working or couldn't work because of your disability's then SSD went back to the max allowed which I think now is 2 years....but from 2009 to 2013 =4 years

I don't understand that?

Oh well I don't understand a lot of things.

jmo

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

Edited April 25, 2015 by Buck52

[yoopergirl]

I am not asking for the VA to find my IU date the same as Social Security awarded me. I am saying the date I filed for IU Jan. 2011 should be my effective date.

[bassrunnin]

Ok we've got two things going here...first let's see if we can straighten out the question of how SSDI back pay works...

Social Security Disability

Your effective date is the date you file...so in his case he filed Aug 2012. They can backdate up to 2 years from that date (the filing of claim freezes that 2 year max). Then it took another year to actually complete the claim. So in his case...(if I'm understanding dates)...If the claim were concluded today...he could go back actually 2 years plus the 5 month waiting period...so 2 years 5 months. The first 5 months is his (waiting period) and his 6th month is when he starts the clock for the 2 years. Plus he gets paid from the date he filed until the case was won.

In my case...I was first out of work Nov 2013 and was out Dec 2013...went back to work and worked part of Jan, Feb, out March, part time Apr, may,,,not been back to work at all effective June 2014. They backdated to Nov 2013 because that was the onset of my medical condition that prevented me from working and I did not exceed their monthly threshold for earnings for those months. Backpay started Apr 2014 and I get paid 3 rd week of every month.

Now TDUI question?

It was stated that the TDUI claim was denied because SSDI was denied. You won the SSDI on appeal and then submitted paperwork to VA to prove that you were approved for the VA conditions and should get TDUI. In this case it is obvious you should...not in dispute. The critical question here is did you have to file another claim to get that info submitted or were you able to attach it to the original claim? It would seem to me that if you had attached to original claim after denial that would have to be done through an appeals process without filing a new claim to submit the evidence. Someone tell me if I'm wrong here...

IF it was submitted on the previous claim and no other claim was needed to be filed and it didn't need to go through an appeals process to get that info submitted...than I am with everyone else and you should get a lawyer.

[Buck52]

thanks bassrunnin, I UNDERSTAND about the SSD now.

Buck

[Gastone]

What was your SC % prior to IU award? Was your 01/2011 IU claim the result of an "Inferred IU Claim" notification with a recent SC Award? Any indication that the VA Rater reviewed your VA Voc Rehab file or made direct contact with your Voc Rehab Councilor?

You indicated a "Filed for Reconsideration" date of 02/2013. Was that in response to a prior Denial? Do you currently have a NOD "DRO or BVA Hearing) pending? If not, I think your 2/14 IU award 12 month NOD window is closed and the award is final, right.

As of 06/2014 I got Legal Fee quotes of 20% or Retro from 3 different VA Appeals Attorneys, 2 National firms and 1 local. Recently saw a Hadit post where the Vet said his attorney got him for 30% of Retro but he was happy and it was his decision. I'm not sure if this was the 1st and only attorney, he talked too or whether he even brought up the 20% fee which seems to be the norm. Check out Chris Attig's Vetlaw.com site. Quite a bit of free DIY legal info.

Your additional Retro (say $30K) from an EED at 20% ($6K) may have a significant determining factor in your ability to hire a VA Appeals Attorney. If your Legal Eagle sees more than 20 or so hours worth of work, he starts losing money.

Semper Fi

Gastone

[63SIERRA]

And i started most of my stuff in 2000 and that date is a wash due to the VA saying i did not respond to a letter they sent to me in another state address... it bites.. VA=MoneyMakingMachine.

that dont wash they cannot use that to deny you