tdiu SSDI??

[Buck52]

Can/Should a veteran apply for SSDI if he was denied years ago? twice?

This veteran is getting TDIU P&T for his SC Disability  but was denied for SSDI he was 50 years old back then.

should he re-apply for SSDI  even though he is getting SSR at a lower rate when he turn 62.

can he reapply for the SSDI if he is getting the SSR (SOCIAL SECURITY RETIREMENT?AT AGE  HIS CURRENT 63?

 

.........Anyone?

 

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

[jbasser]

Ask a SSA attorney. It may be an option.

[Pete53]

5 Year time limit becomes a big problem. I had a friend who got SSD to reopen claim cause he was denied for not looking like disability would last one year. He got a big fat back pay for 9 years. Good Luck

[Buck52]

What is the 5 year limit? wouldn't this be considered a new SSDI Claim?

[broncovet]

I would apply.  Its entirely possible or even likely, that, while you did not meet SSDI's defination of "disabled" 5, 10, or 20 years ago, does not necessarily mean you do not meet it today.    Im not an expert in SSDI, but surely you have some "new" medical evidence of a disability in the past 5 years, or are you getting younger every year?  

This 5 year limit on re applying is likely due to some people abusing this and re applying every 3 months, squandering precious resources of SS system that should be used for others, when they were denied 3 months ago.  

VA has something similar.  If you apply, are denied and do not appeal, the decision becomes final in a year, and can not be revised absent Clear unmistakable error.   But, you may submit "new and material evidence" under 3.156 and your "new" evidence can result in a reversal.  

Once a Veteran has been "service connected" at any disabilty percentage, he can then apply for an "increase" at any time.  

There is a legal principal called res judicata and a similar one called stare decisis, which VA calls the "finality" doctrine.  Basically, the courts have limited resources and only so many judges and so many law clerks, as does VA.    If someone abuses the system, and files a similar lawsuit every week, the judge does not even need to look at it but just denies it, because there is a precedent, and your case has already been decided with the same facts set.  However, after 5 years, you will likely have a bunch of new evidence, such as an extensive medical records.  If you were denied SSDI for OTHER than medical reasons, such as, oh, I dont know, maybe you are not a US citizen, then you would need to overcome that, such as becoming a citizen, before a judge would listen to your re applying appeal.    

If you applied for SC and it was denied, you have a right to appeal within a year.  If you dont like that appeal decision, you can appeal that one.  Eventually, tho, appeals are "exhausted".  We rarely see that with VA, but sometimes.  One can appeal a RO decision to the BVA, a BVA decsion to the CAVC, a CAVC to the Federal Circuit, and Federal Circuit decisions are appealed to the US Supreme Court.  About half or more of the time, US Supreme Court elects "not to hear" an appeal, and the Federal Circuit stands.  US Supreme Court decisions are final and there is no appeal.  You have "exhausted" your due process.  

 

[Buck52]

 Thanks Everyone I appreciate it.

Well what about if he is getting SSR? IF HE IS AWARDED SSDI would they switch that over from SSR to SSDI?

Just wonder?

 

..........Buck

[jbasser]

SSDI automatically changes you to regular SSA once you reach retirement age. The SSDI rate is the rate you would normally receive without the offset which is added if you elect to draw SSA at 62.  

Now if you were denied but have proof you were 100 percent disabled, You may have an option to go back to get your SSDI approved. If your VA effective date is as old or older that your last SSDI denial.

 

Only an good attorney can advise you.

 

J