Getting ready to file for SSDI. 100%VA. Thinking about lawyer first time.?

mav2u · July 6, 2016

Got my 100%VA disability back in 2013. Didn't know I could file for SSDI or even what is was in the meaning I could qualify for it. Heard about it last year and finally getting myself motivated and leaving the notes to myself to get it done so I don't forget.

I guess I just have some questions based on my situation and what to expect in the SSDI process.

I don't have the ability to stay on top of getting stuff done so I'm going to choose a lawyer that specializes in doing SSDI as it should be a easy process that they have down to a T by now at the law firm. At the same time I don't trust anyone so what things should I look out for if a lawyer isn't doing their job? Either they are looking to drag the process out to get more money or just not doing it in a correct manner. Just don't know what to expect and when to call bullshit on them.

Since I'm already Medically Discharged from the military in 2003 and started with 30% and worked my way to getting 100% after a long arduous battle, I finally received 100% in 2013 after fighting forever by myself. How easy do you think my SSDI process will be? I'd think it should be a same day turn around but that is in a dream reality with a yellow brick road I"m sure! lol... But, I'd think it would be pretty slam dunk as far as approval first time around especially if I used a competent lawyer? Yes?! Isn't there the military expedited form process or something now? I just don't have the energy to do exams or hustle around gathering letters, signatures, and stories anymore. I'll do it, just makes me cringe at the thought again of doing it.

I haven't worked in so long I don't think that would even be a consideration do you? Last worked part time from July 2012 to March 2013 but had to triple my medications to be able to work so I wouldn't be homeless after my wife divorced me and left me with nothing but debt. Most miserable time ever working a shitty job for the county but thankfully another vet was the manager who hired me despite my disabilities to help me out and gave me the easiest work they could while I waited for my appeal with the VA. Before that I didn't work a real job since Sept. 2008 that I worked for friends who again gave me fairly easy work at their company.

I guess the questions are:

What kind of lawyer should I look for and how easy should their job be to get me SSDI first try?
Should I expect to have an exam since I have 15 years of VA records, hardly and work history, and treatment with no cure in the future or improvement ever expected. Just continued worsening in pain and mental challenges expected till the day I die.
Do I have to pay for anything if I use a lawyer to do my SSDI?
What paperwork, Doctor letters, and ect.. will ensure a flawless judgment to get a immediate approval of SSDI?
What time frame to get SSDI approved if all conditions are going good these days? Do Vets get expedited review now?

Thanks everyone. Hopefully it all makes sense. I tried not to ramble on!

63Charlie · July 6, 2016

What kind of lawyer should I look for and how easy should their job be to get me SSDI first try?
Should I expect to have an exam since I have 15 years of VA records, hardly and work history, and treatment with no cure in the future or improvement ever expected. Just continued worsening in pain and mental challenges expected till the day I die.
Do I have to pay for anything if I use a lawyer to do my SSDI?
What paperwork, Doctor letters, and ect.. will ensure a flawless judgment to get a immediate approval of SSDI?
What time frame to get SSDI approved if all conditions are going good these days? Do Vets get expedited review now?

>A law firm that specializes in SSDI claims, preferably near your location as it's easier to have a face to face meeting if need be. As for how easy it will be depends on the evidence you have to support you disability claim.even then, it often turns into a long affair as the state agencies are the ones working for SSA that make the first decision. They are known to be quick to deny a claim, even though you have evidence to support approval, and others I have known have received similar treatment.

>Social Security doesn't always require examinations to approve a claimant. I've never had an examination and going on 6 years being a SSDI recipient.

>Attorneys typically charge SSDI claimant's 33% of retro...up to the limit established by law.

>You will need to submit all of your medical records that indicate you are not able to work.

An approval for benefits constitutes a flawless judgment, IMO, but there are relatively few immediate approvals granted unless you are terminally ill. Actually SSDI standards are more rigid than the VA. It's all, or nothing with the SSA.Either you can earn a substantial income, or you can't based upon disabilities. Also...SSA uses age brackets. Once one reaches 55, it is "supposed" to be easier to get approved.

> Typically, there are no expedited veteran's claims to my knowledge. If your claim is denied and you appeal, around a two year time frame before a hearing seems to be the norm in my area(Florida).Some less populated areas get it done much faster.

Edited July 6, 2016 by 63Charlie

GuaymasJim · July 7, 2016

Go to this page. It is pretty much self-explanatory.

Good Luck!

Semper Fi!

https://www.ssa.gov/pubs/EN-05-10565.pdf

MAKE SURE YOU IDENTIFY YOURSELF AS A 100% P&T VETERAN. REPEAT IT AS MANY TIMES AS IS NEEDED FOR THE SSA TO ACKNOWLEDGE IT!

Edited July 7, 2016 by GuaymasJim

mav2u · July 7, 2016

Found a Law Firm that specializes in VA and SSDI so they should know both sides of the court hopefully. Seems like a crap shoot as lawyers don't have a review page.

Why it has to be a uphill battle with everything is crap. VA battle destroyed my marriage. Just so tired of fighting for something I should have received the first day I left the military under Medical discharge that should have been Medical retirement but like always promises are out the door if you get a xxxxxxx who disagrees at the 11th hour.

I'll hand the law firm any copies of my phone book size disability bible from the VA fight. See what happens.

Carl Bacon · July 7, 2016

SSDI is different then VA.

They have specific rules, i.e., you would have had to work in the last 5 years, which it looks like you have.

Then, they factor age heavily. Under 50, if you could learn any new trade, no benifits. 50- 60(65?), if you can do work in same field, then no benifits. 60+(65?) you get benifits if disabled.

And, SSDI is all or nothing, no percentages of diability.

Then they have 3 stages. Claim, appeal and judge. Almost all initial claims get denied, because it is handled by a admin person and if your ailment does not fit perfectly they deny and send it back to you. Your second attempt, appeal, goes to the doctors who will approve or deny. Still must fit in the box, but the docs know how to read your medical records. If they deny, then you can apply for a judge to review, etc. for approval or denial.

In my opinion, you do not (SSDI) need a lawyer until your initial claim comes back denied, of even until your appeal gets denied. These are your first two chances of winning without paying a lawyer.

If you win, you have to wait six months from that date and then two years from that date for medicare.

Now, if it was me, and this is important, I would use a SSDI specific lawyer or SSDI group, etc. I used ALLSUP (not lawyers). Not repressenting them in any way, but they worked wonders for my wife.

First, they returned email everytime with an answer. Second, we hired them after our appeal was denied, and they took the case over and we did not do an additional thing. Third, we got a judge date 18 months out (WI standard for judge dates), however, they (ALLSUP) was able to run the case before the judge's staff, who approved it after about 3 months cutting a year and a half out of the timeline. My wife had to wave the Medicare start date, we lost about 6 months, but the payments started coming after the six month waiting period.

So, we had to pay them 20% of 6000.00 retro and for paper work, but we got the benifits start coming a year of more ealier.

So, you can file by downloading the claim and then send it in with your medical record, both civilian and military. You do need to list the ailment you are claiming is disabling you. And it can be more than one, but you need to say why its prevents you from working.

Hamslice

mav2u · January 25, 2018

Update:

Well been denied for the second time with the SSDI stooges. I'm not sure if my lawyers are really doing much? It's hard for me to do things that are task oriented and I had to fill out the SSDI Life and medical issues paperwork on my own which took about two weeks to do for me. But they offered no help in wording things or the format to which I should state the items.

Which to me, if you spell it out in crayon for the SSDI stooges they shouldn't be able to deny anything because all the facts are right in their face. But, they submitted it like I sent it. It's like I'm doing all the work. I get it, they don't make much unless it drags on and then they get a cut of the big pie at the end. It's been nine months since I filed. That's a big slice of cheese now that it goes to the judge for review in the next step.

Should I be on my lawyer for helping me more? I don't understand medical lingo or how to present it in a way that a SSDI person would look at it an go "Yep" all these disabilities and the doctors diagnosis shows he can't work. Can I fire my lawyer and get another firm?

Make matters worse, I got a new Doctor at the VA who does know my 15 years of history like my old Doctor. I read that having a RFC from a VA doctor helps out greatly. Is my doctor required to fill out a RFC statement for me if I request it? Can I still ask my old doctor to do it?

mav2u · January 27, 2018

That’s just it! Only thing Ive done is give them a filled out SSA form for talking about my conditions that the SSA sent me on what I do around the house an what my disabilities are and list a couple people form to ask about the conditions you have.

Thats all they have done was forward that paperwork to SSA for me.

Im rated 100% For Bi-polar I disorder, I had back surgery in military, was med boarded for that an bi-polar disorder. Now I still have 3 pinched/narrowed nerves an two bulging disk in my back. Knee I injured in service has gotten so bad I use a cane an my left side Sciatica is in pain 24/7 also. Not to mention my ulnar nerve surgery on right hand that relived some pain/numbness but has gotten worse again and now I have ulnar nerve entrapment in my left arm and mild to severe carpal tunnel in both hands. Tinnitus, Rhinitis that I got allergy shots for that helped quite a bit but still have allergies to dust, mites, pollen, grasses, but just not as severe. Left shoulder an neck pain from head on collision by drunk driver while in service going to work one day. Plus the memory loss an recall issues.

An some other stuff. But amazing I still function at all really! lol..

Which is why I’m dumb founded Both stages of SSDI claim we’re denied. Then again I filled out the paperwork with zero f’ing help from the lawyers paralegal. I’ve never actually spoke to a real lawyer at this firm.

I have no f’ing idea how to fill this stuff out so a SSA lackie knows what is going on! I just called it low back pain an Bipolar thinking they would actually look at my medical records from the VA.

Im almost thinking the lawyers want it to drag on as long as possible to get as much money as possible at this point or I’m just a training aid for their new Paralegals to get practice on, an if my claim flops no big deal to them!

I can’t even get them to respond by email within 4 days or return calls without badgering them now.

Edited January 27, 2018 by mav2u