Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

SSDI review doctors

Rate this question


rpowell01

Question

I am currently in the Continuing Disability Review Process. Already was told "You can go back to work" even though the VA says "Um No you can't.". Dr. Bash wrote up a IMO on this review writing there is noway I can go back to work. Keep in mind the SSDI was originally approved because of Dr. Bash's VA IMO report because after his IMO was written I was finally given an EMG which gave his IMO 110% accuracy. So Dr. Bash just recently wrote me an IMO again on this SSDI CDR crap I am going through. But it appears the State of Florida's disability is sending me to some Occupational Specialists for an Exam. I just read online that if the Doctor the state sends you to is not a specialist in the area which you are applying benefits for, mine is because of spine and radiculopathy UPPER and LOWER, that the Specialist holds more weight.

Has anybody been sent to a Occupational Specialist for SSDI and if so what do I expect from this type of specialty?

 

Robert

 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

Robert

 

                   Well,  if SSDI is sending you to "their " specialist I would say that the cards are probably stacked against you.  You do want to have the worst day of your life so whatever facilitates that outcome is called for because the state of Florida as you might guess thinks you are a faker, liar, scammer and such.   Perhaps Dr. Bash can recommend a friendly specialist in your area of disability to exactly offset the SSDI's so-called specialist.   I have no idea what a SSDI occupational specialist is trained in besides concluding that all people can work.  I would be on the lookout for my own occupational specialist to dispute their findings.  If the SSD wants you to self-evaluate your abilities I would advise you to say you have no abilities and can barely wipe your own butt.

                        John

 

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

"the cards are probably stacked against you".

That's not uncommon. When I applied for SSDI, my records were sent to an internist paid by the state.  While he did say that the disability was "plausible", He failed in the details to really go any farther.  The end result was what looked like a reluctant approval, with an EDD later than that permitted by the law.  I ended up filing an administrative appeal (not exactly the same as the formal appeal process) citing the fact that the doctor was not a specialist in the appropriate field, and my doctors and opinions were from the correct specialties.  I even had a junior SS clerk try to tell me that "you can't do that" at one point in the process. It really helped that her boss had told me specifically what to do and how to do it.

Link to comment
Share on other sites

  • 0

Well if they still deny during my CDR I am going to file to bring in the appeal court ruling in another state, cannot remember which state it was, that was a federal ruling that says that the ALJ must in fact give more weight to a VA Decision such as in TDIU. Don't ask me why people are not using this with SSDI when a federal appeals court rules on it then it can be used in every state.

 

I don't think they are stacking up against me but they are trying to refute Dr. Bash but its going to be hard to refute somebody who is a specialist in that area of expertise. A new EMG from last year shows I have CHRONIC Lower Extremity RADICULOPATHY and also on top of this I also now have PolyNeuropathy in both my legs all from the L5-S1. I have loss of sensation with pain. You touch my feet they hurt in pain.  Plus I just had an MRI that showed at least 4 disc protrusions in my neck and I have a CT that shows Moderate to Severe DJD throughout my whole spine. How can they defeat that is beyond me. But we will see. I remember my dad was in his mid 50s and the SS doctor told him he was going to do what he can to get the disability and he did. I pray this doctor works in the same way for me but I am keeping my cool.

Also SSDI is going to have a hard time trying to say that I can work while on Morphine SR and Morphine IR and 3600mg of Gabapentin. Oh lets not forget the state disability SSA people can say I can drive because you have to drive to work then they are breaking the state laws. I do not drive unless its an emergency, my wife drives everywhere. Its all good because if it comes down to me filing a Federal TORT Lawsuit against them I am sure some attorney would love to pick up the case. Remember SSA must in fact take into consideration any and ALL medications into account.

 

Chuck you are right a Occupational Specialist is a GENERALIZED DOCTOR and not really a specialist and Dr. Bash would in fact still over rule him with his own opinion. So I will talk with Dr. Bash and let him know about what is going on with the Occupational Specialist.

Edited by rpowell01
Link to comment
Share on other sites

  • 0

Okay well talked with Dr.  Bash and they cannot override Dr. Bash. Also the VA says I cannot work and I filed for P&T so they are now working on that. I don't care if SSDI continues me or they don't the 5 years limitation doesn't go against me since I was originally approved, I think. I will be 50 in 2 years so they will have to approve me sooner or later. I just think they want to make sure I cannot work because originally I didn't have these exams, no exam actually, and they kept denying me until the ALJ said "Whoa this guy cannot work he has bilateral lower radiculopathy." But what changed from the original filing until now on getting exam is beyond me.

 

Either way I think the ALJ will continue the SSDI since I am still on pain medication, never had surgery yet and I am almost 50. I guess it would take for me to blow out of disc again for them to continue it. Nerve damage is nerve damage mainly at the nerve root, they do not regrow like other nerves.

Link to comment
Share on other sites

  • 0

Well had a exam today and it was only 15 minutes long. Kinda like the MD didn't want to go into detail. He is just an MD not a specialist so I would like to know how to file the in administrative appeal since he was just a plain ole' md chuck like you did just in case they don't continue the SSDI. Tomorrow I have a mental health examination so hopefully it will go better.

He did ask me questions like how long ago I was injured and what were my diagnosis's which I forgot some but that is the way it is I forget all the time now. But I did tell him the EMGs showing upper and lower radiculopathy. Hopefully he will see the medications I am on and see that my issues are real. He did ask me if I was getting treated for the Panic Attacks and I told him yes I go the end up the month for my follow up appointment with the VA. Also he asked if I had surgery yet and I told him the VA wants to implant the SCS which I am still debating but now leaning towards getting it, anything to help me out.

Link to comment
Share on other sites

  • 0

Had a mental health exam. The Psych Doc asked a lot of questions and really appeared to show interest with my condition. On a side note he use to work for the same company I did before I medically retired. But he was thorough and specific. I hope he seen I was in pain and how much I forget things. I explained to him that I didn't start taking pain meds until 2013 and before that my memory was going bad because I think its the 3600mg of Gabapentin I have to take. That stuff will put you in a fog.

 

So now its fingers crossed but I have this feeling I will have to appeal to the ALJ because I didn't get good vibes from the MD yesterday on the physical exam. He was just a plain doctor so noway can he override Dr. Bash.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use