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DENIED SSD Initial Application

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Grumpbox

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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

 

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I signed up for SSDI in 2000, and it took two denials and 5 years before it went to a judge, who granted it (retroactive to date of original application, because appeal was filed in a timely manner).  

Immediately after my first denial, I went to a lawyer.  He explained to me that SSA has a routine, but unofficial "quota" system;  they only grant a small percentage of claims on initial application, and only a certain percentage of written appeals will be decided favorably.  

Unless an applicant has one of a small number of life-threatening diseases, it is unlikely that SSDI will be granted without a fight.

I highly recommend talking to and signing an attorney to handle your appeal.  There is a limit on how much the attorney can charge, it used to be $4,000 maximum, but it may have gone up some.  They don't get that unless you win.  It is a small price to pay.

Also, SSA is supposed to expedite the claim of a 100% disabled veteran, so you shouldn't have to wait several years to get a decision.

Best of luck in getting what you should!

Edited by acesup
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@acesup

 

Thanks for all the insight and advise!!

 

I’ve done just that: obtained a lawyer.  In fact, I’m seeing him today.  He is really well-known, seasoned, and been winning cases like this for over 30 years, so I’m setting in for a long wait.

 

Time will tell and the rest will smell....

 

thanks again!!

 

Grumpbox

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asesup

I wish I had stuck wth it like you did .

back in 2004  I was denied SSDI & back in 2003  Right after I was awarded TDIU P&T from VA ...

The SSA said I didn't have enough work credits   and that was probably true I could not work due to my disability but I didn't get my Award from VA until like 11 years later. from 1992 or so.....in other words I did not work and report income in those 11 years ( I could not find a job b/c of my disability) but was granted the TDIU IN 2003.

My reason for not filing VA Claim I just never knew anything about VA back then until I found hadit & Ms Tbird and Ms berta and Flip and Larry and some other members.

.Anyway when I read the SSA LEGAL Mabo Jambo  I  stop the SSA Appeal and I also read they only go back 2 years for any retro  Not sure when they decided that?

  but I gave up   even if I had won my SSDI Claim it would not have been but the minimum of about600.00/ 700.00 month .

so I took early retirement on the 30 years I did work and paid into the system.  the retirement pays me more than I would have got on SSDI.

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I had to hire a lawyer to get Social Security disability, even tho I had VA 100 percent, as it was denied.  After all, we need to support the hundreds and hundreds of law firms who exclusively represent social security claimants.  

There are many, many, many social security lawyers but very few VA disability lawyers, mostly because law firms dont want to wait 5 to 8 years on an appeal to get their money.  I cant say as I blame them.  We will see if RAMP changes this, it cant make it any worse than it already is.  

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Always the initial and also the reconsideration as well to which is a waste of time doing. But was required in the state of DE before having a appeal with a judge. And if you are sweating the length of time people say it takes years. That is true if you just let the claim go and wait for SSA to do their job. I went the the intial, reconsideration, and hearing in front of a judge in 11 months with a bench decision at the end of the story. I recommend contacting your local senators office and explain your situation they may put in an inquiry to speed up your claim. A congressional inquiry they call it its the same with an incredibly slow moving claim do this and it’s a reminder we will not go slowly into the night.....unless we get what’s due to us on another side note you have to make sure you have the work credits first 

Edited by jfrei
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I think that I’m going to try ssdi now, right after I’ve been rated at 100% P&T and I have an appointment with vocational rehab on the 19th for IL assessment. I am still on short term disability from work but plan to ask work for a severance package and quit. What do you think? Now or wait?

Edited by silverdollar22
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