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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Appreciate everyones feedback....now can someone point me in the right direction on how to donate to this lovely website? Also I'll keep yall posted on my outcome with ssdi

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I dont have time to search for the regs on that above- but it makes sense that entitlement began ( regarding my husband) on the last day he worked, because SSDI awards are in essence, an independent medical opinion that determines one can no longer work due to their disability.

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Berta, 

Well once again I must somewhat disagree with you, so let me apologize in advance.  I mean no ill will, just that I have a different opinion, based on a little knowledge and a little experience.

First, there is a five month mandatory wait period for SSDI benefits.  But if you subtract five months from the date of disability, that is your potential start date.  This is certainly much different than the VA system which does not allow retroactive payments in most circumstances.

You then state that the awards are 'in essence, an independent medical opinion that determines one can no longer work due to their disability'.  I would proffer that if you take out the term 'medical' from that quote you would be more accurate.

Outside of myself, no one opined that I was disabled and could not work.  Certainly there was no medical opinion (diagnosis) that stated I was unable to work.  This was solely my decision, a decision I consider rational and substantial.  But when I made my decision I applied for SSDI.  I was initially denied, so I did the natural thing for me, which was to appeal.

At my hearing I testified that my condition rendered me unable to work.  I then provided the Administrative Law Judge a copy of my Military Medical File and my VA medical file.  (Actually I offered them into evidence and at the conclusion the assistant made copies for the record, and he was hesitant because of their voluminous content, but I assured him I wanted every page there for the Judge to review.)

Well I won my appeal and I contend for one simple reason: the facts showed that the symptoms of my condition prevented me from obtaining employment.  

Now if only things were that easy with the VA.  But the VA is a whole new world, and not a friendly world at that!  

 

 

 

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You posted, 

Quote

This is certainly much different than the VA system which does not allow retroactive payments in most circumstances.

Yes, VA allows retro payments, in fact, most Vets wind up with retro when they get an award.  You are certainly correct that ssdi and va are very different.  The VA's general rule about effective dates (that is, for retro) is the later of the date of claim, or facts found (which usually means the date the doc said you became disabled, if different than the date you applied).  

There is mostly only one "special circumstance" however, that allows you to be paid BEFORE you applied.  That special circumstance is if you apply for benefits within a year of exit from service.  Then you can get benefits (retro) backdated to the date you got out of service.  Otherwise, you will never get retro before your apply.  

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Are we talking SSDI?

Then, yes, you can settle ahead of the date you would meet with the Judge if you have representation.

My wife was denied twice, and in Wisconsin, at that time there was a 18 month wait to see the Judge.

Three months after giving us are date, which was 18 months out, we did settle.  My wife would receive disability payments, minus the SIX month waiting period, and we agreed she would not to go on Medicare until she turned 50 which was 32 months away.  Basically, you don't get Medicare for the first 24 months anyway, so we had to wait an additional 8 months.  However, she got disability payments about a year earlier and we had employer insurance at that time, so it worked out.

As a side note, age plays a big role in SSDI.  Age 50 was a big factor on getting approval for the Medicare part of SSDI.

Also, we used a paralegal service which took 20% of retro, which turned out to be $1200.00 of the $6000.00 we got. One and a half month of disability payments took care of that, so, the 20% was well worth the deal making.  And you need representation to get a chance to negotiate. 

They (SSDI) don't do that with us ordinary people.

Just sayin,

Hamslice

 

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