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Social Security Disability PLUS VA

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nancygail

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Hello,

I have a question that I'm sure the answer is on the forum somewhere but I'm unable to find it. We are going through a very difficult time with my husband who is 50% officially disabled but 100% technically. We are trying to get all his VA paperwork in to hopefully get him to 100%. In the meantime we are in fear of losing our home and getting utilities shut off. My question is, as a disabled vet can he apply for SSI disability? He's 61 and won't quality for normal social security for another year.  Any info would be helpful. I'm ill myself and trying to do the research on this which is difficult.  We need to get some type of income before things get really bad. I know applying takes a while but I need to start anything he might be eligible for. He can't work and can not drive easily. PTSD among other things.

I need to make sure I do things right and don't mess up his VA case...  

 

Thank you!

Nancy

 

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3 hours ago, paulstrgn said:

Call your mortgage company right away like Buck says, they may be able to assist you. 

The advice above is good, try and follow it the best you can. Also look for disabilities that may be secondary to SC disabilities, such as a change in your gait because of a bad back and now you are having problems with your knees or hips. I personally have several disabilities that are secondary.

Since January of 2019 to put a claim together that you still have not filed is a long time, I understand about not being able to afford a doctor and all. Just don't wait to long to file, your husband might get a doctor for his C&P that will agree with what you have already put together. I have been awarded disabilities to where I only had a doctor state I have state I had arthritis in my hips and the C&P doctor made it secondary to my back. 

Always remember DAV or VSOs may be trying to assist you but no one has more interest in your claim than your husband and you do.

 I'm actually in AZ with my daughter due to my own illness... severe depression, PTSD, anxiety etc. Most which can be attributed to what Roy, my husband, went through and continues to go through. He's in AR trying to sell our home. But because his PTSD got so severe this last couple years he can not even drive much of the time. Uncontrollable shaking, panic attacks, can't sleep etc.  The situation, with our different locations have made it even worse but I'm too sick to go back. SO he's alone trying to deal with this. My daughter has spent untold hours helping us create this packet and getting buddy letters etc. We think we have a good shot... just need to get that psych letter from an outside doctor. He's seeing the regular VA docs in AR but in all honesty they have made him worse in many ways. Plus he has to drive 2 hours to Little Rock to go to the VA hospital which he can't do much of the time. 

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SSDI can be applied for on line here:

https://www.disabilitybenefitguideusa.com/?utm_source=google&utm_campaign=ssd01a&utm_term=disability~c~national&gclid={gclidvalue}&gclid=EAIaIQobChMI5-fkp6nT5QIVBb7ACh0f-AdREAAYASAAEgKIvfD_BwE

But I suggest first to read over the SSDI criteria here:

https://www.ssa.gov/benefits/disability/

SSDI provides an Independent Medical review of all conditions they are aware of.

My husband was in receipt of only 30% SC PTSD  when he applied for SSDI and received it first for a 1151 Stroke, and then, I found they had ignored one of their own regulations, and we filed for reconsideration of the initial Stroke award.

He has listed his PTSD  in addition to the stroke on the application.We thought the PTSD was his prime disability.

A SSA lawyer refused to support the recon request- but was shocked when I called him up to tell him, a few months later, that he lost 4500 bucks ( 1/4 of the retro for the new award of PTSD with a very favorable SSA retro date). With the SSDI SSA finds solely for PTSD , the VA had enough to award his claim for higher rating in his lifetime, but they never sent SSA his authorization form for those records, and finally awarded his 100% P & T SC for PTSD, based on the SSDI reports -when I raised hell with VA when I found out what they didn't do and should have done, -but by then he was dead for over 2 years already. It became an accrued posthumous award to me.100% P & T SC PTSD.

Regardless of what VA percent a veteran has for a disability, if it prevents them from working and they fit into the SSA payment criteria ( I think it involves at least ten years of SSA employee taxes, not sure) they should apply.

The SSDI for PTSD was based solely on his VA PTSD records, and an independent opinion from SSA that reviewed those records. 

If he is not eligible for SSDI he might be eligible for SSI and that is income based.

They consider both programs when one applies for disability.

 

Edited by Berta
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13 hours ago, GBArmy said:

Nancygail Really good advise here, at least some glimmers of hope. You may have stated it before but what are his disabilities,rates, when was he in and what was his mos? The reason I ask is maybe he might have other disabilities you can s-c that you hadn't thought of. Just a long shot, but worth considering.For example, hearing and/or tinnitus. Did he serve in Vietnam, or Gulf War? There are presumptives that veterans don't think they qualify for because of time out of service. Try thinking outside the box a little.

Roy, my husband, is 50% service disabled  and was given a medical discharge for conversion disorder in 1988. He was in perfect health when he entered the AF in 1980.  He was attacked several times on base during basic training...  Knocked out more than once.  This was at Lowery. I was pregnant with 2nd child and had a 2 year old at the time and we were in an apartment off base while he completed training.  The police thought it may have been a case of mistaken identity. In any case his commander at the time flew me and our young son out to Utah for our safety, where his first assignment was. Roy was moved onto the base.  It was frightening beyond belief.  The attacks continued even after I left.  He finished training and we got base housing right away at HIll AFB due to safety issues.  He started passing out right after all this occured.

He was in supply and an exemplary airman.  Everyone loved him. Just a good guy all around who worked hard. But his condition got worse... tinnitus started... passing out continued. We were then stationed at Holloman in 1984. There was an incident there too. Base shooting in his office. Long story but more trauma for him.  Finally in 1988 he was give orders to go overseas but because his condition had gotten worse they opted to give him a medical discharge. He was diagnosed with Conversion Disorder which is a psychiatric condition. But his symptoms were very physical.

On discharge in 1988 we moved back to Utah. He literally could not work and lost job after job due to his condition.  He would pass out two or three times a week. This is where he drops with no warning and when he comes too his eyes are beet red and he can barely move. Takes him a day or so to recoup. He tried to go to school but had to stop for the same reason.  He is currently being treated for PTSD which is tied to his conversion disorder. He has severe sleep apnea which is caused by PTSD symptoms. He has tinnitus, headaches constantly.  Panic attacks, can't sleep, uncontrollable shaking. 

Also had forgotten until we went through records... he had 20/20 vision when he entered the AF. At HIll AFT he was sprayed in the eyes TWICE with chemicals and taken to the ER. His eyesight deteriorate rapidly at that point. Had to get glasses and to this day his eyes are red, watery, painful. We never in put in for that. Young and naive. 

He's got a lot of pride and always tried to take care of his family. But he just couldn't keep a job. He was a liability to any company. He managed to keep us barely afloat but our life was always trying to keep a roof over our head in addition to dealing with his health problems.  We had 4 children who were also adversely affected by all this of course. He would go someplace and then the police would show up later or the next day... he had been found passed out on the side of the road. This happened several times. They took his license for a while.  Whenever he left the house I never knew if he was going to come home. For decades this has gone on. 

 

 

 

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19 minutes ago, Berta said:

SSDI can be applied for on line here:

https://www.disabilitybenefitguideusa.com/?utm_source=google&utm_campaign=ssd01a&utm_term=disability~c~national&gclid={gclidvalue}&gclid=EAIaIQobChMI5-fkp6nT5QIVBb7ACh0f-AdREAAYASAAEgKIvfD_BwE

But I suggest first to read over the SSDI criteria here:

https://www.ssa.gov/benefits/disability/

SSDI provides an Independent Medical review of all conditions they are aware of.

My husband was in receipt of only 30% SC PTSD  when he applied for SSDI and received it first for a 1151 Stroke, and then, I found they had ignored one of their own regulations, and we filed for reconsideration of the initial Stroke award.

He has listed his PTSD  in addition to the stroke on the application.We thought the PTSD was his prime disability.

A SSA lawyer refused to support the recon request- but was shocked when I called him up to tell him, a few months later, that he lost 4500 bucks ( 1/4 of the retro for the new award of PTSD with a very favorable SSA retro date). With the SSDI SSA finds solely for PTSD , the VA had enough to award his claim for higher rating in his lifetime, but they never sent SSA his authorization form for those records, and finally awarded his 100% P & T SC for PTSD, based on the SSDI reports -when I raised hell with VA when I found out what they didn't do and should have done, -but by then he was dead for over 2 years already. It became an accrued posthumous award to me.100% P & T SC PTSD.

Regardless of what VA percent a veteran has for a disability, if it prevents them from working and they fit into the SSA payment criteria ( I think it involves at least ten years of SSA employee taxes, not sure) they should apply.

The SSDI for PTSD was based solely on his VA PTSD records, and an independent opinion from SSA that reviewed those records. 

If he is not eligible for SSDI he might be eligible for SSI and that is income based.

They consider both programs when one applies for disability.

 

Thank you Berta for that info. Very helpful. Ü

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There is something I do not understand here-your husband is 50% for conversion disorder-

has he applied for a higher rating of the conversion disorder?

My question is , where did he get the PTSD diagnosis?

It is obvious that with his discharge, he must have suffered from some very stressful events- but that led to the conversion disorder disability. The 50% could have been appealed.

"However, all mental disorders, including conversion disorder under DC 9424, are rated under the General Rating Formula for Mental Disorders under 38 C.F.R. § 4.130."

https://www.va.gov/vetapp18/files9/18136795.txt

I am sure  not suggesting he should not claim PTSD, but I am concerned because PTSD and conversion disorder do have different symptoms. Maybe I can find more clarification on that at the BVA- they have many many conversion disorder vets decisions and many have been rated with PTSD undr DC 9411.

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9 minutes ago, Berta said:

There is something I do not understand here-your husband is 50% for conversion disorder-

has he applied for a higher rating of the conversion disorder?

My question is , where did he get the PTSD diagnosis?

It is obvious that with his discharge, he must have suffered from some very stressful events- but that led to the conversion disorder disability. The 50% could have been appealed.

"However, all mental disorders, including conversion disorder under DC 9424, are rated under the General Rating Formula for Mental Disorders under 38 C.F.R. § 4.130."

https://www.va.gov/vetapp18/files9/18136795.txt

I am sure  not suggesting he should not claim PTSD, but I am concerned because PTSD and conversion disorder do have different symptoms. Maybe I can find more clarification on that at the BVA- they have many many conversion disorder vets decisions and many have been rated with PTSD undr DC 9411.

He was discharged with 10% I believe. Then we got it increased... this is in the early 90's. I have the transcript of the meeting where he got it increased. Went before a board or something. Its been SO long. He was never listed with PTSD. Only since he's gotten worse have the doctors now written that in his records. But his disability is for conversion disorder. 

Yes, we were so young a naive we did not fight this as we should way back when. We are trying to get a psychiatrist OUTSIDE the VA to write the letter and add ptsd. Not sure it matters or not. We're just at a bad spot. Both of us sick... out of money.  The VA in ark has drug him through the gutter. But you don't get to pick who you see.   

 

Another added bit of info. Last year Roy found a locl guy... can't remember his job name, but he worked in a building at the VA hospital. Don't think he was DAV... but helped people get claims done. He was a disabled vet himself. He took Roys info, told him what he needed to do and claimed he was an expert at getting these things through quickly. Also said there were tons of other benefits Roy could possibly get... business grants etc.  Anyway, Roy starts delving into gathering info, going to the VA psyc docs and having to talk about his history. His PTSD got exponentially WORSE at that point. Which seemed impossible but yet it did. But he had to do it to get the claim going. He would send this guy the info via email as he got buddy letters etc.  Finally, when he had not got a call back from this man for a few weeks,  he drove to Little Rock to see what was going on. The lady in the VA office said he "was not there anymore". She would not give any other info. And there was NO record of anything. All the stuff Roy had given him, gone.  I did some online sleuthing and found the guy had been arrested for harassment. 

This not only slowed down EVERYTHING, we had to start over basically, but  it had made Roy so much worse.  And there was nothing we could do. So that's when we went to a DAV office. It's just been a nightmare. 

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