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VA doctors required to fill out a RFC for SSDI if asked?

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mav2u

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I got my second denial from SSA for SSDI.  I'm 100% T&P Unemployable.   I hired a law firm to do my paperwork because I just don't have the ability or concentration do so.

So I got my second denial, which I'm not really happy with my Lawyer as I thought I would be getting more help with the filing.  I had to fill out the question pamphlet they sent by myself which took forever.  I didn't get any help on that.  Which I though a lawyer would help with the wording and medical terminology info to make sure it sounded the way the SSA folks needed it to read.  Now that I'm on the second denial and going to a judge next I'm going to need some help to make sure I'm getting hosed over by lawyer for being lazy.

So I've been reading here that an RFC from a doctor would help greatly.

 My Question is: Does my VA doctor have to help me with my SSDI by filling out a RFC?  Which I guess carries the most weight with the SSA folks for SSDI.  More so than just a general letter from a doctor?

I assume a RFC from both my Primary and my Mental Health doctors would be needed assuming they are going to do it.

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  • Content Curator/HadIt.com Elder

If you are 100% P&T, there is a fast track program where SSDI reviews your claim rather quickly. I have read that SSDI will have access to your VA treatment records.

Here is a link to explain the program:

https://www.ssa.gov/people/veterans/100pt.html

Since I personally have never filed for SSDI (yet), I am not sure if a RFC from your doc would be needed. Others here will likely respond to help. I hope this helps.

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What disability are you claiming through SSA that prevents you working?  It should be and IMO needs to be the same disability rated 100% P&T via the VA.  If not, IMO that’s your problem with receiving a 2nd time no-go from SSA.  If the VA doctor stated clearly that your unemployable permanent & totally.  Just submit the medical doctors statement with the RFC form to DDA at the SS office.  DDA should see this statement and fill out the RFC favorably for you.  Make copies of that medical statement before you submit.  If you’re filing for PTSD via SSA you should be filing for mental health disorders 12.06.  This is the code the SSA uses for making that determination.  Good luck!

Edited by MPsgt
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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.

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  • HadIt.com Elder

You need a letter from a qualified Dr stating your S.C. Disability's keeps you from working.

  present that to the SSA.

SSA might have changed in recent years  but about 17 years ago I filed my TDIU P&T along with VA Medical Records & included my Award letter from the VA with SSA and was still denied SSDI...Back then the SSA sent you to their own Dr's to asses your disability and if it don't meet there standard of disability totally  they will deny

.....I never had enough work credits to help me out  but they do have a minimum even if you never worked in your life.

I never got to get SSDI..So when I turn 62 I filed retirement  it was not much about 1000 month extra,   I did it because we needed the $$.(obviously)

 if you can wait until 65 or older  its better  but the ssdi pay was not that much more for me so I chose the SS Retirement.

What I never fully understood if I had paid into the retirement bucket when I was working   where did my work credits go? I probably should have got an attorney back then but we just didn't have the $$.

Now as Vync mention the SSA can get your VA Medical records and see that your rated TDIU P&T and that should be all you need for them to Award your SSDI.

Go see the SSA Judge show him your S.C. Disability face to face  some times that's what we have to do..usually the judge will be in your favor...you should get your retro from SSA...So watch that and check the dates on everything.

Edited by Buck52
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Take it from me if you ask your primary VA doctor and you’ve been seeing him enough he will have no problem filling it out your RFC not sure if they’re required. I had mine fill mine out but I too was denied twice and after that I hired an attorney. I am P and T as well 100 scheduler once your appeal is filed also call your local congressman. Have him put in an inquiry I googled to find mine with my wife they had me show them evidence of my rating. Once that was proven in July August my hearing was scheduled for December. Judge granted bench decision retro in bank by this February next week. Sometimes you gotta be your own best help it’s not uncommon to be denied twice it’s what I was always told and hated hearing that so then the estimated timeframes also piss me of you can’t give me an estimate when you don’t no specifics about my issues. I had two denials and a hearing granted in under one year for SSDI. Don’t let the time guesses or timeline get you unmotivated for proving your case. Once my appeal was filed with an attorney I immediately called my local senator and congressional which one or both put in inquiry to SSA and then only then did the hearing get scheduled the P and T didn’t help with my first two denials. It should have but it didn’t funny I’ve called very frequently to find when my retro will hit yesterday I was told 30-60 days this morning I was told in my direct deposit by Friday. Sorry if I’m hopping all around but make sure if your still going every month to the VA for treatment your records are current for the SSA judge mine looked at mine for the past year.

Edited by jfrei
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