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SSDI reveiw

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drewski84

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I'm 70% TDIU P&T with no further reviews. I was granted SSDI before I was granted TDIU P&T. Now my question is; I have a review for my SSDI.. How does this work? Do I tell them I'm now 100% Permanent & Total (PTSD) and that I cannot not work period? Now I'm  back in the stage once again where I'm freaking out that I can lose my SSDI which would be devastating! Any tips would be much appreciated. Thanks all!

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The VA will in FACT approve you for TDIU if SSA approves you for SSDI because of your SC'd connections. I am proof of this and can prove they do. They were going to lower my ratings until SSDI judge said she believed Dr. Bash more than any SSA or VA doctors as the EMGs, the reports that were NOT sent by the VA to SSA, proved he was right. Then right after SSA approved me within a month the VA granted me TDIU. All my SSDI contentions are in fact only VA SC issues. Trust me on this they will approve you based on SSA decision. Now if you file for "Anxiety" but you are not SC'd for Anxiety then the VA will run with this and not approve TDIU because they will say Anxiety is the most cause of your IU. In my case I went out of work just because of my lumbar and cervical issues along with the Panic Attacks.

 

I promise you they will approve you if you get the right Doctor to do a good IMO.

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I'm 47 yr old and SSA is reviewing me right now because I'm not 50 yrs old. Yes three years will make a difference. THey are the ONLY agency or company in the USA that can in fact discriminate based on age. How ? Because Congress did NOT include disability decisions.  But wait they did include disability and I best the SCOTUS would eat what SSA up whenever they look at age more than they do the degree of the disability.

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I will let this forum know what happens in my case/claims.  I have two agencies that agree I can't be substantially employed, now lets see if the third will concede to that fact as well.

I do agree having a smoking IMO/IME is an excellent defense to have to combat the attack strategies these agencies throw at you.  IMO just redirect the energy they throw at you right back at them, with undebatable evidence.  It is a frustrating dance yes but possible to give them a big can of STFU.  (insert colorful metaphors here).

I'm in my early 40's myself so I know whats coming. However, I will look to this site specifically because of all the knowledge here will overpower their stupidity and biases. One good thing I have to admit is using their record systems and shady ways against them. Evidence and medical records are what win. Laws and regulations can be used to protect yourself. These 4 are mighty strong when used precisely.  

"Slow is smooth, smooth is fast."  JMO

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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Sometimes, a knowledgeable SSDI Judge will, when approving you for multiple DXs (some of which you claim are SC), he will state that you are totally disabled for SSDI for each of the claimed conditions individually, as well as collectively.  If you have an attorney representing for SSDI, see if he will ask the judge to consider such a statement.  My attorney did, so now, if I can prove SC for any of the four conditions, the judge's statement (a federal judge btw) should carry the day with VA in terms of qualifying for IU.

The goal with SSDI is 1) having a disability, and 2) not being able to hold down gainful employment because of that disability (or disabilities).  If it found that you prove 1 and 2, you're going to win SSDI.  Usually the judge will ask an employment "expert" to sit in at trial, and testify that there are no jobs for you, with your condition.  SSDI, if won, is 100%, based on your previous earnings record.

The goal with VA is 1) having a disability, and 2) being able to prove, be weight of evidence, that that disability was caused or exacerbated by military service.  Then, if you can prove 1 and 2, you qualify for benefits.  The amount of benefit is based on a sliding scale depending on how much the disability causes you to be unemployable.  (but, most here on Hadit.com, already know this much ;) )

 

 

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ArNG, are they lowering your govt retirement by the amount you receive in SSDI?

Green

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Yes that is the way it works with FERS. In order to apply for FERS Medical Retirement, you must have applied for SSDI, then depending which approves first usually FERS your first year of getting SSDI, FERS will deduct that entire amount from your annuity.  Then 40%every year after. I never understood that when I read that seems almost as bad as double taxation, however, that is the way it is.

Most folks were advising me to go on Workers Comp disability, because if you have dependents you retain 75% of your pay or 50% without dependents, however, you have to deal with annual or bi annual C&P like DOL exams and that can be a mess in itself. Heck even Ellis recommended that but I wasn't interested in the $.  

But lately with the little that I can do with my hands and further surgeries that are needed I am really beginning to wonder.

This crap sucks as bad as the VA crap.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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