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

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yoopergirl

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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!

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  • HadIt.com Elder

check out this one hadit post about hiring a Attorney. click on the link

be wise and research for an attorney make sure he/she is well educated & experienced in VA Law.

as jbasser mention ''Robert Walsh'' A very experienced Veteran Attorney & he would be the one I would choose ...> but its your choice.

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

Edited by Buck52
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Yeah that seems like an unusual amount of SSA retro to me too.

If we can read the decision here, we can help more..

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I agree with the others, I didn't see that you were awarded SSD...Then yes go by the date you was awarded SSD 2009

I don't understand what your saying in the above post?

you never filed for SSD until Aug of 2012? & was awarded SSD BACK TO 2009? I think you had to file for SSD IN 2009 to be Awarded back to 2009? unless I am missing the ship here??

plus filing for SSD the person usually has to wait 6 months before getting paid after first filing..and I think the EED WITH SSD dates back to your first check...not the date of the award.

''The Jan 2011 claim is for IU P%T nothing else''....that's what I think your EED should be.

still a lot of $$ if you don't try to get it straighten out

jmo

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

Social Security can find your date of disability far before you actually file, unlike the VA, they do have a limit as to backpay (period of time) and I maxed that out.

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I agree with the others, I didn't see that you were awarded SSD...Then yes go by the date you was awarded SSD 2009

I don't understand what your saying in the above post?

you never filed for SSD until Aug of 2012? & was awarded SSD BACK TO 2009? I think you had to file for SSD IN 2009 to be Awarded back to 2009? unless I am missing the ship here??

plus filing for SSD the person usually has to wait 6 months before getting paid after first filing..and I think the EED WITH SSD dates back to your first check...not the date of the award.

''The Jan 2011 claim is for IU P%T nothing else''....that's what I think your EED should be.

still a lot of $$ if you don't try to get it straighten out

jmo

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

Buck, yes it is a lot of money over 2 years of 70 to 100%, the whole thing was weird because the IU claim sat forever and the VA didn't deny it initally until after I filed for SSDI and of course they initially denied me as well, but I won SSDI at my hearing, the judge granted it right there and then. I filed a reconsideration on the decision because VA stated reason for denial being SSDI denial, so when I was approved for SSDI I filed for reconsideration with new material evidence. The VA finally decided but never even gave me a c and p exam or anything. Is there any way you can message me that attorney's information? VA attorneys have a cap on what they can take now too, correct. When I was first going through this the attorney I spoke with wanted a huge % with no cap.

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  • HadIt.com Elder

I'm sorry but I don't understand this statement?

Social Security can find your date of disability far before you actually file, unlike the VA, they do have a limit as to backpay (period of time) and I maxed that out.

I understand the SSD limit!

Unless being SC Veteran has priority and the SSD starts two years before you file using medical records for evidence.

Normal civilian files for SSD after working and have to stop working because of there disability they file and then wait 6 months for the first check and I understand no retro for waiting on the 6 months...if approved within 1 or 2 months....theres still a 6 month wait.

as I understand SSD!

Phillip Rogers would Know?

JMO

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

Edited by Buck52
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I'm sorry but I don't understand this statement?

Social Security can find your date of disability far before you actually file, unlike the VA, they do have a limit as to backpay (period of time) and I maxed that out.

I understand the SSD limit!

Unless being SC Veteran has priority and the SSD starts two years before you file using medical records for evidence.

Normal civilian files for SSD after working and have to stop working because of there disability they file and then wait 6 months for the first check and I understand no retro for waiting on the 6 months...if approved within 1 or 2 months....theres still a 6 month wait.

as I understand SSD!

Phillip Rogers would Know?

JMO

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

Buck I was simply stating that Social Security found my date of disability Jan. 2009 when I was no longer able to work. They didn't pay me back to that date because that would have exceeded their time for backpay. I am not sure what you want to know? I filed for SSDI much after I filed for IU because I had no idea I could get both. When I filed for SSDI it was because the attorney I went to see for VA stuff told me to, and I won in less than a year with a hearing in front of a judge. I was awarded maximum amount of months of backpay social security allows, my attorney was astounded that I was awarded at the hearing and max amount of time. I was paid a very large sum of money in backpay, as were my children.

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