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

 

[Grumpbox]

Always apply for SSDI when you are not working/can’t work.  That was the advise I got from a high profile lawyer specializing in SSD cases.  

[Valhalla0321]

Your not the first person with p/t.. with all the rfc's and letters and xrays and voc rehab denial letters and more"hypothetically".. SSDI can and will deny you if they want to, happens a lot and especially if your ALJ has a track record of denials.

[Carl the Engineer]

this is from a previous reply of mine, but basically applies.

 

This is what I know about SSDI with my wife,

-Do not let 5 years pass without working before applying for SSDI or you will not get it.

-You will get denied the first time if your ailment is not on their slam dunk list.  And maybe the second time.  The third time, the appeal, is the first time a real doctor looks at your claim.  My wife has Primary Progressive Multiple Sclerosis, and that is not on their slam dunk list, however with a fight she got her SSDI.

-There are three age groups with SSDI. Age 49 and younger, if you can be trained in any field, denied.  Age 50-59, if you can be retrained in your current or past job field, denied.  Age 60 and above, no training or retraining for a different or same field required, approved.  Basically, if you are under 50 and you can answer a phone, you will get denied.  My wife applied when she was 49 and was denied twice and approved after she turned 50, in fact, the next month.  This is what I learned from from my wifes SSDI legal helper.  Not a lawyer, so not sure what to call her.

If it were me, I would submit the claim for SSDI myself.  Fill out the forms on the SSDI site and send in all your appropriate medical evidence.  As I said above, if your ailment is on the slam dunk list and you have evidence supporting it, you should get approved.  I believe if you frog around on Google long enough, you should be able to find the list that SSDI uses.  If not on the list, it will get denied the first time anyway as it is just a clerk that looks at the first go around.

Then, on your second attempt, you could consider getting help.  Not sure if you can get help the first time as they (legal help) work off of your back winnings and you would not have any yet.

And just so you know, when and if you get to the appeals (Judge) part, they, Social Security, make deals.  Our hearing date was 18 months out (going rate for Wisconsin), but we settled after only 3 months, however, gave up Medicare for two years from the settlement date, plus the six months.  I have/had insurance through my job, so that was not a big thing.

Don't forget the six month rule?  Your get jack for your first six months after you win your SSDI.

My experience,

Hamslice

[MPsgt]

33 minutes ago, Hamslice said:

this is from a previous reply of mine, but basically applies.

 

This is what I know about SSDI with my wife,

-Do not let 5 years pass without working before applying for SSDI or you will not get it.

-You will get denied the first time if your ailment is not on their slam dunk list.  And maybe the second time.  The third time, the appeal, is the first time a real doctor looks at your claim.  My wife has Primary Progressive Multiple Sclerosis, and that is not on their slam dunk list, however with a fight she got her SSDI.

-There are three age groups with SSDI. Age 49 and younger, if you can be trained in any field, denied.  Age 50-59, if you can be retrained in your current or past job field, denied.  Age 60 and above, no training or retraining for a different or same field required, approved.  Basically, if you are under 50 and you can answer a phone, you will get denied.  My wife applied when she was 49 and was denied twice and approved after she turned 50, in fact, the next month.  This is what I learned from from my wifes SSDI legal helper.  Not a lawyer, so not sure what to call her.

If it were me, I would submit the claim for SSDI myself.  Fill out the forms on the SSDI site and send in all your appropriate medical evidence.  As I said above, if your ailment is on the slam dunk list and you have evidence supporting it, you should get approved.  I believe if you frog around on Google long enough, you should be able to find the list that SSDI uses.  If not on the list, it will get denied the first time anyway as it is just a clerk that looks at the first go around.

Then, on your second attempt, you could consider getting help.  Not sure if you can get help the first time as they (legal help) work off of your back winnings and you would not have any yet.

And just so you know, when and if you get to the appeals (Judge) part, they, Social Security, make deals.  Our hearing date was 18 months out (going rate for Wisconsin), but we settled after only 3 months, however, gave up Medicare for two years from the settlement date, plus the six months.  I have/had insurance through my job, so that was not a big thing.

Don't forget the six month rule?  Your get jack for your first six months after you win your SSDI.

My experience,

Hamslice

Time is always a real or even determental issue in dealing with SSA.  I got a buddy 100% P&T via VA and repeatedly denied SSDI during that time.  No attorney will take his claim due in large to delay/denial coming from his past legal representation and SSA.  He has been unable to work via VA for ten years but, SSA said he doesn’t have a work history the past ten years.  Therefore, he’s ineligible for his SSDI.  I believe it was Hamslice that put a lot of accurate info out.       The SSA is looking for the severity of your disability, age (whether you believe it or not), your level of education, if you can go back to college, previous wages, if you can work making what you made before becoming to disabled to work, if you worked in private/State/Federal sector, and whether or not you’re”like-able.”  The last isn’t funny but, you’ve gotta insert humor to cover the anger.