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What are my chances? SS Disability

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green

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Things about my situation

  • Age - 56
  • 100% VA disabled P&T
  • Disabled Civil Servant, after 29 years.
  • Social Security work history of 40+ years

Given my condition and declining health I can't work anymore.  I'm in the final days of my civil service career and only working about 20% of the time.  Once the paperwork is finished I'm moving home to Oregon.  I was required to file for social security disability for my civil service retirement and it was denied because I'm still working.

Any idea how this will go and should I hire an attorney to represent me?

Thanks

 

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I believe you have to not work for 6 months before you can file SSDI, OR unless an injury.

SSA should have mention that to you?

if you have not work the last 6 months   I think you have a good chance getting it. especially being 100%p&t  with the VA.

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11 hours ago, green said:

Things about my situation

  • Age - 56
  • 100% VA disabled P&T
  • Disabled Civil Servant, after 29 years.
  • Social Security work history of 40+ years

Given my condition and declining health I can't work anymore.  I'm in the final days of my civil service career and only working about 20% of the time.  Once the paperwork is finished I'm moving home to Oregon.  I was required to file for social security disability for my civil service retirement and it was denied because I'm still working.

Any idea how this will go and should I hire an attorney to represent me?

Thanks

 

Are you eligible to receive SSDI? I didn't think Civil Service Employees paid into SS and so OPM calulated this disability retirement different.  Also, FERS employees are required to file for SSDI.  If they are apply for Federal disability retirement and SSDI approval isn't a certainty either.  Yes, SSDI is always a no-go if employed.  However, those standards change once your receiving SSDI.  I believe your SSDI converts to regular retirement once you hit your actual retirement eligibility age.  Maybe some wiser folks can chime in on this topic.  Good Luck!

 

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I'm FERS, I was required to apply for SSDI, but as I'm currently working I was denied.  I was told to reapply once I stopped working.  FERS disability is reduced if you receive SSDI but once you hit age 62 you get 100% of your FERS retirement and SSDI.  I believe SSDI converts to regular Social Security at normal retirement age, 67 for me.

Edited by green
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This happened to my neighbor:

I was required to file for social security disability for my civil service retirement and it was denied because I'm still working."

Once his FERS paperwork went through, he re-applied and received SSDI,which I think is converted to regular retirement SSA by now due to his age .He worked at the VA.

"Any idea how this will go and should I hire an attorney to represent me?"

I don't think you need one at this point.The 100% award from VA will help.

( PS the VA gave him 10%SC  for the FERS condition.He tells me his SSDI was based on the same condition, yet for years he has failed to apply for TDIU and as a retiree he has the 10% deducted from this Mil Retirement pay.He could be getting concurrent receipt.He gripes about the 10% but told me he is waiting for the backlog to calm down to apply for TDIU.I told him (for years now) that he is losing thousands by the month.( meaning the EED)Either the info he gives me is all wrong on the SSDI or he just doesn't get it.I think he wants me to fill out the TDIU form for him but he still has a local vet rep on his POA who probably has more time than I have.

I answered your CUE questions in another thread. You did some Good homework!

It is the proactive vets that succeed. The very few ones like my neighbor gripe for no good reason.

 

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11 hours ago, green said:

I'm FERS, I was required to apply for SSDI, but as I'm currently working I was denied.  I was told to reapply once I stopped working.  FERS disability is reduced if you receive SSDI but once you hit age 62 you get 100% of your FERS retirement and SSDI.  I believe SSDI converts to regular Social Security at normal retirement age, 67 for me.

Yes, you're firing on all cylinders.  The most difficult hurdle for you going out early on FERS disability is finances. Because you can't be working and no working means no paycheck.  I had to tap into my TSP to help my family and I to get by.  I used Harris Federal Law Firm to represent me.  The cost was $3000 and took about 8 months from beginning to end.  I was lucky and approved the first time for SSDI.  Three years later I filed a tax amendment to recoup the early TSP withdrawn penalty from the IRS.  Good Luck in your decision.

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