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Social Security disability

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harrysday

Question

Hey all I am 47 y/o 100%tp and I get a disability pension from my local civil service firefighter job that I worked at for 20 years and during that time I worked a side job that I paid into social security would I qualify for benefits of ssdi thanks for the help in this adventure

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12 minutes ago, green said:

The Windfall provision does not apply to Normal Federal FERS Retirement.  There is however provisions related to Federal Disability Retirement and ArNG11 is correct.  The first year you receive 60% of your high-3 which is offset 100% by SSDI, starting the second year your pay goes to 40% of your high-3 and that is offset by 60% of your SSDI.  At age 62, your FERS disability retirement is recalculated as if you had worked the time you were disabled and your SSDI continues on but no longer offsets your FERS retirement.

Clear as mud?

I just read your comment and looked at your profile picture,  "clear as mud"  Tiger has the right idea.  :biggrin:

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Well, I got my denial yesterday.  I guess, according to them, even with 70% PTSD with 'all the boxes checked' except being involved in altercations with the police, I can "still be around people", lol.  It is almost like they WANT you to get into legal trouble before you get help?  I guess the fact that I don't leave my property except for medical appointments does not factor into it.  They do state that Age was a consideration, and I personally believe this is discriminatory and should not be a factor as to whether or not I can have MY money back!  An award does not indicate permanency, so how does Age become a deciding factor as to whether an injury or disability exists?  If I "refile" as they suggest, you loose the back pay.  Also, the fact that I have not worked in two years, so that would affect what I have 'paid in'. Oh well, that was why I got an attorney for this.  They can deal with it.  I can't.  I don't think they would have taken the case if it wasn't worth fighting.  Good luck to anyone else fighting the SS for services.

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  • HadIt.com Elder

harrysday

You may need to reapply,  if this was your first try  just keep on they may deny you again  but once you get to see a judge   usually you will win.

the %is pretty high to not be approved the first and second tries.

don't give up.

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

Edited by Buck52
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1 hour ago, TALON II FE said:

Well, I got my denial yesterday.  I guess, according to them, even with 70% PTSD with 'all the boxes checked' except being involved in altercations with the police, I can "still be around people", lol.  It is almost like they WANT you to get into legal trouble before you get help?  I guess the fact that I don't leave my property except for medical appointments does not factor into it.  They do state that Age was a consideration, and I personally believe this is discriminatory and should not be a factor as to whether or not I can have MY money back!  An award does not indicate permanency, so how does Age become a deciding factor as to whether an injury or disability exists?  If I "refile" as they suggest, you loose the back pay.  Also, the fact that I have not worked in two years, so that would affect what I have 'paid in'. Oh well, that was why I got an attorney for this.  They can deal with it.  I can't.  I don't think they would have taken the case if it wasn't worth fighting.  Good luck to anyone else fighting the SS for services.

That is just another thing we have to contend with.  SSA is set up that most people have to get a lawyer and the lawyers' pay comes from the persons' benefits and not from SSA.  Not only does SSA force people to re-file and re-file and re-file but all this just mess up their onset date and when it finally gets to the right judge the judge says that the onset date is the date that the person originally filed but due to SSA regulations the judge cannot override another judge or go beyond one full year of the current application. So the person filing a claim for SSDI still lose some of their benefits they paid in and can't work waiting for SSA to finally determine that they should get their benefits. Yes, after a person gets shorted then SSA will take the lawyers' fee out of the retro benefits which most likely will be thousands of dollars and the lawyer is happy and the person get screwed over by another government agency. Of course some money is better than no money but right is right and IMHO this is not right

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