Can A Veteran Get Social Security After Five years of not working

[pacmanx1]

Mark – Urbandale, Iowa: I had a service-related injury that worsened over time. In 1994, I was awarded 100 percent V.A. benefits. When I inquired with Social Security back then, I was told I didn’t qualify due to my V.A. benefits. I accepted the response. I figured they should know. I felt bad about even asking, but I inquired, because I had paid in since I was 16. Yesterday, my nephew told me that that wasn’t true. So I called today, and they said I didn’t qualify, because I haven’t worked in the last five years. (Of course I haven’t — I am disabled.) I don’t know if the law has changed since 1994, but by today’s laws, I would have qualified since I had worked back then. This just doesn’t seem fair. Can you help or perhaps provide advice?

Larry Kotlikoff: I’ve asked our Social Security Technical Adviser, Jerry Lutz, to weigh in.

Jerry Lutz: First, sincere thanks for your service.

You can still apply for Social Security disability benefits, but you will need to establish that your disability began within five years after you stopped working. Social Security should be able to access your V.A. medical records (with your permission), so there should be evidence available in your case. Remember, though, that Social Security’s definition of disability is different from the V.A., so there is no guarantee that you will be approved. If your claim is disallowed, don’t hesitate to file an appeal. Many disability cases are approved during the appeals process, and you can usually find an attorney who will represent you on a contingency basis. If you are approved, Social Security normally pays a maximum of 12 months of back pay on disability benefits. However, if you can establish that they misinformed you at the time of your first contact, it’s possible that they could pay you all of the retroactive benefits to which you would have been entitled.

Remember the maximum 12 months of back pay is on top off your application date.  In other words if SSA finds that you are disabled you will get your SSDI payment from your application date plus 12 (twelve) more months.  Now if you hire an attorney you will have to sign an agreement to pay them 25% of your back pay and if SSA allows it, they will pay the attorney out of your back pay. I think 25% is the max the attorney can charge and it is you don't pay if you don't win.  The key is your medical records have to prove that you were disabled within five years of you stopped working and you will most likely have to file an appeal to the ALJ (Administrative Law Judge).

http://www.pbs.org/newshour/making-sense/qualify-va-benefits-social-security-disability-benefits/

[Vync]

Man, that's just dirty. I hope he can get retro, but I have an odd feeling that it was a verbal discussion with no paper trail.

[Buck52]

what if the veteran had a C&P examiner  delved back into the veterans records and tried to mess up the veterans claim and said his disability did not meet the VA criteria and said its possibly that this veteran in malingering an should not even been service connected for this disability,  the veteran was 50% by the VA at the time and was sent a proposal to reduce down to 0% but keeps his service connection(because of the VA Examiner.....the veteran NOD ask For a DRO Hearing use evidence with a favorable voc rehab letter and family and friends statements and a specialist MD  IME to rebute the VA Examiner   and won his case got TDIU P&T....So I suppose what I'm asking is  will the SSA use that VA Exaimner C&P to deny this veteran?Ibecause its in his Records.... even tho he met the VA Criteria for Total Disability enemploy ability......but VA Total Disability is not the same standard as the SSA

 

The DRO noted  with a raters specialist  and DRO at this veterans hearing its obvious this veteran disability is real and of nature  with no future exams scheduled an increase  is warranted and not a proposal to reduce...benefits sought on Appeal as this date  **-**-**** 100% TDIU P&T will be expedited 

So what should the veteran do refile for SSDI?

 

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

[Pete53]

The 12 month limit can be overcome if the decision is appealed by Admin Judge. I have seen it happen.

[Guest]

Buck, my little understanding of SSDI is the veteran would need to file a new claim with SSA using the last day he/she worked.  Of course SSA will deny the claim.  The veteran can then get an attorney and go from there.  It is most likely that SSA will deny the veterans claim all the way up to the ALJ (Administration Law Judge) hearing this is where a lot of SSA claims are awarded when a veteran actually see and speak to someone that can make a decision.  After the initial 120 days, I think the time frame is about 18 to 24 month waiting even with the new SSA rule to expedite 100% P & T service connected veterans. Also the veteran can have his/her attorney at the ALJ hearing.