tdiu SSDI is my money, Not HAPPY, Suprised?

[lcplcookba1]

OK hold on to your hat quick review. Haven't worked since DEC 2012. Filed SSDI claim JAN2013 Was awarded TDIU Jan2015. I'm 80% combined rated at 100% Scheduler. Went in front of ALJ June 2015. The fat A$$ judge called me obese, a liar and denied my claim. Appealed on several issues the best one was new material evidence. I was able to get a Residual function test done by OT. And after reading the mission statement I was able to get my  PCP to fill out a 6 page questionnaire done by Binder and Binder (NOT happy with them btw) Any how my DOC was thorough and definite  as to my disability and inability to work any job. So that's where I am at today. They owe me around 70K but I am approaching the date that I will not be able to file a new clain if this goes bad. How does the new evidence help and what should I do? they have me by the B**&'s Thanks for advice support and your service

 

Semper fi

Edited January 21, 2016 by lcplcookba1

[Guest]

SSDI is very tricky and you will need a lawyer to win your case. Because you were denied by a ALJ when/if you file a new application SSA will not override the old ALJ decision.  It is most likely that even with new and material evidence you will most likely be denied up to a new ALJ and they will only back pay you 12 months prior to your application if you win.  You may even have to file a claim against them and go to court.  Keep in mind that your onset date plays a serious roll and you do have time as long as you can prove you became disabled within five years of your last employment. Contact your lawyer, I think what you need to do is file a request for reconsideration but of course the lawyer or a lawyer will know better.

Edited February 29, 2016 by pete992

[lcplcookba1]

Well 5 years would be the end of 2017 so  I guess I have time. Another thing I forgot to mention is I just turned 50 in December. I have Binded and Binder. so I guess I'll let it ride and see where it goes. He gave very little weight to my VA Rating and medical record and great weight to a doctor that never saw me. The game is certainly rigged against Vets

[Chuck75]

8 hours ago, lcplcookba1 said:

Well 5 years would be the end of 2017 so  I guess I have time. Another thing I forgot to mention is I just turned 50 in December. I have Binded and Binder. so I guess I'll let it ride and see where it goes. He gave very little weight to my VA Rating and medical record and great weight to a doctor that never saw me. The game is certainly rigged against Vets

You mentioned your age is ~50. with SSA & SSDI, this is a major stumbling block.  Do you happen to have a transcript of the hearing?

It does look like it's gonna be lawyer time for you! 

When I applied for SSDI, I was at early retirement age, so they had to at least pay that. It did take an "administrative review" to get a more favorable EDD than they first wanted to give. (An administrative review is an optional step before going in front of the judge.) In the review, I took issue with the SSA doctors qualifications, since he was not a board certified specialist in the appropriate field, and the treating doctors statements and data were from the correct specialties. The junior SSA clerks at my local SSA office didn't know what an administrative review was, and I had guidance in filing for it from another senior SSA clerk.  I did have to mark the package for the senior clerk, and got a bit of flack from the duty junior clerk about it.

An additional word of advice. As you likely know, while working, it's possible to put pretax funds into an IRA. If the IRA is the classic type that you pay tax when you start withdrawing, The SSA base for income and deductions is at the income less the IRA contribution. This impacts the SSA and SSDI payment amounts up front.

 

Edited January 21, 2016 by Chuck75

[rpowell01]

If that judge really said this you can file a complaint with the appeals council. Get a copy of the audio recording of that hearing and listen to it. If he/she did call you that that is grounds to have a new hearing.