I Am Not Incompetent. How Do I Convince The Va?

[Pete53]

If you have been paying your bills it is pretty much proof that you are competent. In other words you have to show that you can manage your life. If you are having hard times proof of good judgement like paying utilities and rent first should be proof enough.

Good Luckl

[proudveteran]

Thanks Pete

Is there anything I should be concerned about with SSDI?

[Berta]

Bring proof of all of your VA disability ratings with you.Even the C & P that awarded the 100% PTSD.

I rattled this off before here...my husband received SSDI fior what was then a NSC stroke, that became a 1151 stroke in 2012.

They did not consider his PTSD ( 30% SC at the time) listed on his SSDI application.Circa 1993.

I went to SSA office and asked if I could see their disability manual.They let me review it, an enormous book, and said I could make a few xeroxes and could not to ask anyone for help with the manual.

Hours later I found what I needed,.they had broken their own regs by not considering my husband's PTSD at all.

We filed for reconsideration ,using the regulation they broke as evidence.and the SSA tried to talk my husband out of that.

I am not easily swayed however and I filed it with his signature and we got a SSA lawyer.

The lawyer immediately told us we didnt have a recon basis for the PTSD and we left.My husband was very angry at me because I had to drive so far to see this lawyer, for 'nothing'.

A few months later I called the same lawyer up and told him he just lost 4500 bucks ( his fee was 25% if he had helped us and the retro for PTSD award was around 18 thousand dollars, as we had won the reconsideration.)

The SSDI award was changed solely to PTSD. VA gave my husband ( he had died by then but I continued the claims he had pending ) 100% P & T for SC PTSD with the SSA very favorable date for the EED,about 2 yeaqrs later.

I had a long talk with the lawyer who said he would never look at a PTSD SSA matter the same way again.He apologized that he had not even wanted to see our evidence.

I had copies of extensive psychiatric testing the PTSD shrink at VA had done on my husband, one test result was deemed as "catatrophic" PTSD and the tests separated his brain trauma from stroke ,from his PTSD.

I hope you get a lawyer like that. Because he was really a good SSA lawyer ,but just didnt have a clue about PTSD and admitted he had made a costly mistake and assured me that he had learned a lot.We talked for over an hour about PTSD .I even gave him my VA team leader contact info to verify what I said ( Team Leader from Vet Center I worked at ,with PTSD vets)

That was long ago. SSA lawyers are sure up to speed on PTSD these days.

Unless the appeal was regarding your wages,date of SSDI app, or SSA payments, I am surprised they didnt award you SSDI by now.

Edited August 11, 2015 by Berta

[proudveteran]

Thanks for the response Berta. It's nice to see how you fought for your husband. My wife would do the same.

I read that around 70% of claims for ssdi are denied the first time. I guess that's why so many lawyers specialize in disability law.

The back pay could be substantial if they go back to 2010 like the VA did. That should be a good incentive for the lawyer. I'll know more later today.

[Guest]

Proudvet, don't get it twisted SSA and law dogs have an unwritten agreement that when a person files for SSA benefits he/she is denied forcing the person to get a law dog. To actually hire a law dog will cost you about 25% of your benefits. Yes, I know that 0% of 0 is still 0 but 25% of your paid in benefits could add up to the max of $6000 going to your law dog that you paid into the SSA. That does not include if the law dog sends you to get a private medical opinion which you will have to pay extra. Also which is very important just because you stopped working in 2010 or VA granted you 100% in 2010 it does not mean you will get paid all the way back to 2010. SSA law restrict all payments to one year prior to your application. So that means if you filed in 2014 and you get approved the most you can be paid is back to 2013. If I am wrong I surely hope someone can correct me and give a site to help explain

Application Date

The first factor that will determine when your disability starts is when you applied for Social Security disability or SSI benefits. For Social Security disability benefits (otherwise known as SSD or SSDI), an applicant can receive benefits back to their date of application and also potentially be considered for retroactive benefits during the year prior to their application date.

http://www.disabilitysecrets.com/back-pay.html

[Guest]

Also keep in mind if you are awarded SSA due to a severe mental health disorder SSA may also propose you to be incompetent.