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Ssd Disability Question

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Buck52

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  • HadIt.com Elder

Anyone know what this means??

My spouse received letter from SSD Letter from SSD Today.

Hers what it states

''You must meet certain medical and non-medical to be entitled to disability payments

We have found that you meet the medical requirements for disability's payments

An explanation of our findings is attach please read carefully.

We have not yet made a decision about whether you meet the non medical Requirements,

but we will make that decision soon,then we will send you a second notice explaining our decision,

After you receive this second notice you will have 60 days to appeal our decision we made about your disability payments.

Then it goes on to say please do not call or contact this office until you have received the second notice.

Another letter in the same envelope states,

The determination on your claim was made by an agency of the state (Dr's and other people who are trained in disability evaluation reviewed the evidence and made the determination based on SS Law and other regulations. & not by your Dr's

The following information used to decide this claim

''Dallas VA Medical Center''...report received 6 /12/15 (although my wife turn in these medical reports on 4/17/15)

We were unable to obtain additional reports, we had enough information to determine this claim''

unquote

Why can't they get other reports from the VA? She has a lot of things they need to look at.

Anyway anyone ever got anything back from SSD like this?

................Thanks Buck

Edited by Buck52
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  • HadIt.com Elder

'We have not yet made a decision about whether you meet the non medical Requirements,
but we will make that decision soon,then we will send you a second notice explaining our decision,
After you receive this second notice you will have 60 days to appeal our decision we made about your disability payments."

They accepted the VA's evidence of a disability, but at what level?.

The SSA's requirements, basic entitlement and so forth have not been determined.

In other words, SSA still needs to do it's job, and make a decision. (First letter)

"We were unable to obtain additional reports, we had enough information to determine this claim''

This seems to indicate that there was a decision. (Second letter)

Now all you have to do is find out what it was.

Remember that SSDI is a totally disabled or nothing decision.

Part of the game has to do with the applicant's job history, education, and even age.

A person 55 or older has a better chance of being considered totally disabled than someone with the same

condition(s) that is younger.

Does the job history show that certain abilities/skill sets are needed, and they are no longer available, due to the disability?

(It goes on.)

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  • HadIt.com Elder

The medical reports indicate she is disabled & her Dr stated she was disabled from all her disability's and in her (Dr's opinion) she can't do any kind of work and recommend she rest and not lift any thing over 5 lbs.

We are not sure what it means about non medical unless they mean her work history age ect,,ect,, btw she is 61

she had to stop working because she just could not do her job she was required to do and besides that her employer fired her because of it.

The only thing we can think of is when she first filed in 4 /22/15 and SSA sent her a questioner to fill out couple weeks later she listed most of her conditions from the VA medical reports..which most reports render her disabled. and we check these records as to when she thinks she first became disabled and that was back in 6/10/2011 and she ask that to be her onset date...but she continued to work with pain and hobbling around using a cain until 4/17/15 the date they fired her because of her disability's her employer made accommodations for her to make her job more accommodating....As stated in SS Regulations.

Although we know they won't back pay her that much but were hoping they will back pay her for two years, because according to SSA Regulations a person can become disabled and continue to work and the person believes there disability's stated on the date of when she thinks she first became disabled.

Edited by Buck52
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  • HadIt.com Elder

Date of Disability

The second and more important factor regarding when a person's disability starts is the onset date of their disability -- that is, when their disability began. When an SSD claimant files an application for disability benefits, they indicate (on the application) when they think their disability began. This is known as the alleged onset date, or AOD.

A disability claimant who has been approved for benefits will be given an EOD, or "established" onset date. The established onset date is set by a DDS disability examiner, or an administrative law judge (if your case has gone to hearing), and is considered to be the date for when a claimant's disability actually began.The EOD will be based entirely on the claimant's medical records and work history. In other words, how far back an individual's disability is determined to have began will be decided according to the evidence available from the claimant's doctor's reports, lab results, and disability application.

For SSI, the date of disability is often before the application date, but the SSA won't set an EOD before the date of application (since SSI recipients can't get benefits before the month of application). In the case that the SSA says the EOD is after the application date, the SSI recipient would start to get benefits starting on the EOD rather than the month following the application.

For SSDI, whether or not benefits will be payable back to the beginning of the 12-month retroactive period time will depend on the onset date that is established, either by a disability examiner or by an administrative law judge. But there is another twist in calculating the SSDI starting date: a waiting period.

Five-Month Waiting Period

There is a third factor that applies to Social Security disability (SSDI) benefits (not to SSI awards). That third factor is the five-month

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  • HadIt.com Elder

Question,

If they approve her disability and starts to get payments each month,but disagrees with the on-set date if they use that as when she first filed as of 4/22/15

can she appeal the onset date and still receive the SSD Payments?

The reason is she has medical reports dating back to around 2011 as evidence to show her onset date or the date she became disabled.

Edited by Buck52
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My understanding is that payments will not be earned until 6 months AFTER the onset of "total disability". If she worked until 4/17/2015, that would be "arguably" her first date of total disability, regardless of when she started "having problems". Therefore, following that reasoning, she wouldn't be eligible until 10/17/2015, she would receive her first payment on or after 11/3/2015, with backpay dated to 11/1/2015 (or no back pay). (SSDI pays on the 3rd of the month).

Her non-medical qualifications that they reference, I believe, is this 6 months delay, in that she is NOT qualified until this period has expired.

I hope this helps.

TM

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  • HadIt.com Elder

I agree TexasMarine,thats exactly what we were thinking too.

If she gets approved, we will ask the DDS about the onset day, And if we appeal that we will get an attorney. because sometimes the SSA or DDS will reverse there decision.

so need to be careful.

Thanks for your response.

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

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