DENIED SSD Initial Application

[Grumpbox]

SSD/SSDI Experts:

 

Initial application for SSD was 22 May 2018.  Denied initial application noted via Mysocialsecurity, dated: 17 Aug 2018.  No official letter has arrived yet indicating reason(s).  

Also, my Date of Last Insured is 31 Dec 2018, per SSN.  This is what concerns me.  After 31 Dec 2018, I am NO Longer eligible for any type of SSD.

I know I have 60 days to submit a 'Reconsideration;' however, how I go about this has me stonewalled.  My state of residence is TN.  

@MPsgt You and I have spoke about this some, but not much over this phase: Denial. 

Making matters worse, when I filled this initial application at the local SSN Office, the guy doing so was nice and told me that he has NEVER had a Vet get denied SSD with 100% P&T.  I suppose someone had to be first....might as well be me.  

I am currently 47, almost 48, so this may be a factor in their decision, but still, the 100% P&T I would think holds much merit for an approval.

To skew matters more, I recently signed a settlement agreement with a law firm representing me for injury incurred while working as a security contractor overseas.  The settlement amount was hefty, so I am wondering how this will/did affect the decision?

Any feedback/advice is always a blessing!!

Grumpbox

 

[Buck52]

Don't sweat this   the SSA usually denies on the first go round  just appeal and if your 100% P&T  with the VA send a copy of your Award letter in to SSD as proper evidence to your disability.

but remember the SSA don't use percentage like the VA  with the SSA your either consider to be total disabled or not to get approved with them...

They may set you up an appointment to see one of their Doc's  to examine you and get the examiners report back and change your denial and approve you. and with the SSA they only pay back to two years now  after your approved  for any retro$$$

[MPsgt]

1 hour ago, Grumpbox said:

SSD/SSDI Experts:

 

Initial application for SSD was 22 May 2018.  Denied initial application noted via Mysocialsecurity, dated: 17 Aug 2018.  No official letter has arrived yet indicating reason(s).  

Also, my Date of Last Insured is 31 Dec 2018, per SSN.  This is what concerns me.  After 31 Dec 2018, I am NO Longer eligible for any type of SSD.

I know I have 60 days to submit a 'Reconsideration;' however, how I go about this has me stonewalled.  My state of residence is TN.  

@MPsgt You and I have spoke about this some, but not much over this phase: Denial. 

Making matters worse, when I filled this initial application at the local SSN Office, the guy doing so was nice and told me that he has NEVER had a Vet get denied SSD with 100% P&T.  I suppose someone had to be first....might as well be me.  

I am currently 47, almost 48, so this may be a factor in their decision, but still, the 100% P&T I would think holds much merit for an approval.

To skew matters more, I recently signed a settlement agreement with a law firm representing me for injury incurred while working as a security contractor overseas.  The settlement amount was hefty, so I am wondering how this will/did affect the decision?

Any feedback/advice is always a blessing!!

Grumpbox

 

The amount of your SSDI is based solely on the amount you’ve paid into it throughout your working life.  It can increase with dependents under the age of 18 and the amount does top out.  Unless, you’ve got and caring for a disabled child.  First, you’ve  paid into your SS and earned a certain amount of SSDI.  This can’t be taken away unless you’ve defrauded the Government.  Second, I seriously doubt a favorably adjudicated lawsuit would impact your SS.  Also, the VA and SSA have different criteria for rating a Veteran disabled.  The VA has different “levels” of disability and SSA is technically all or nothing.  Should anyone receive SSDI benefits.  Their SSDI case will be reviewed every one, three, and seven years.  Depending on SSA assumptions that anyone of those individual disabilities could improve.  Now, if the SSA notes that you can still work and earn a reasonable wage/salary.  They’ll deny your claim for SSDI.  Regardless, of what the VA has determined.  Finally, to increase the likelihood of a favorably adjudicate SSA decision. You need to prove to SSA your disabilities render you totally unable to work.  The VA decision helps but, remember each agency has its own determining criteria.  Ex. you’re rated 100% P&T via VA for complete paralysis and you then file for your SSDI for the SAME disability.  Remember too, VA recognizes PTSD i.e. anxiety, and depression.  The SSA only recognizes MH disability (anxiety).  The SSA MH code for anxiety is 12.06.  PTSD and anxiety can be severe to enough render you unable to work or operate in public.  

Edited August 18, 2018 by MPsgt

[Grumpbox]

@MPsgt

 

EXACTLY!!  To Your last statement!

 

I am rated by the VA “unable to work” and been unable to obtain gainful employment for some time now.  

I just don’t see why SSN denied me or the justification for the denial?

[Unique11128]

Hi Grumpbox,

 

Seriously, normally everyone gets a denial from SSD. I took me 2 denials before getting approved. Don't worry about the Dec 2018 deadline as long as you file a appeal in time it's all retroactive to the date of the original date of filing..

Keep your head up!

Unique

[Guest L]

I received my application approval 2 months after I applied.

No denial.

SSDI is also based on working the last 5 out of 10 years as a criteria for approval. & remember YOUR ABILITIES - not always DISABILITIES....

Your age and work history may impact approval - create an account at SSA.org to see how your work history is reflected in their records. 

Settlement: The amount you received from the settlement if considered workmen's comp will be offset, so if you received say $50,000 as a settlement -

You will not receive SSDI until you spend down that amount on your earned benefits...

EXAMPLE : SSDI - if a proposed $1,000 a month times 12 months - equals $12,000 a year it will take 4.1 years until you see SSDI.

I have a Veteran - 100% DV & Retired military-  who received $80,000 as a workers comp benefit from a Postal carrier accident and the same thing happened to him. 

Some workers who are eligible for Social Security disability benefits may also be eligible to receive workers' compensation benefits if they have work-related illnesses or injuries.

However, workers aren't able to receive the full amount ofSocial Security benefits and workers' compensation benefits at the same time.

 

Edited August 20, 2018 by L
spelling lol

[Grumpbox]

@L Thanks so much for your detailed reply.

SSDI is also based on working the last 5 out of 10 years as a criteria for approval. & remember YOUR ABILITIES - not always DISABILITIES....

Well, lets see, I was medically retired from the US Army, 21 Nov 2011.  I worked very briefly for about four months after that.  Then I had a long break until I worked again in 2016 for about four months.  Since then (and to date) no work reflects on my Social Security, nor was there any other work, either.  Also, I do have a 'My Social Security' account.

This 'settlement' (which I have yet to receive) is for worker's comp, but NOT worker's comp like most think.  I was injured as a contractor working overseas.  While it falls under the Department of Labor in one sense, it actually falls under the Long Shore Harbor Act (government workers overseas); specifically, it is the Defense Base Act (DBA). 

I won't argue with you about SS offsetting the SSD.  I've heard both: How they will and how this will NOT affect my monthly SSD.  But there is something here to consider:

For example, there are primarily three reasons a person would be approved SSD. 

1. Someone born with a listed disability. (No fault on self)

2. Someone develops an illness listed. (No fault on self)

3. Someone injures her/himself while working on the job.  (I fall in to this one.) (No fault on self)

Now, back to the offset...my age...and the illness/injuries.  

If I had to guess, I'd say they initially denied me SSD, because of my age (47); although, they probably didn't even review my file and just denied me because it was my initial application.  

I am no lawyer, just a little taken back because of the denial.  I emphasis this, because the guy who filled out/process my initial application said these words: "You shouldn't have any issues with getting approved. I've never seen a Veteran get denied SSD that is 100% P&T and has your kind of illnesses/injuries.)  Now, this guy might of been blowing sunshine at me, or this really could be anomaly; I don't know. 

At least I have 60 days to file a 'Reconsideration.'  That's all I can do at this, unless someone tells me otherwise.  

I am always open to sage advice...

Grumpbox