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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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VA Claims Insider is not accredited. The VAOIG and VA Accreditation are both preparing to drop the hammer on all these fly-by-night  "Vet Helpers". Expect to see a Congressional Statute in the works soon making it illegal to poach Vet's compensation checks.  

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On 11/4/2019 at 1:09 PM, nancygail said:

No military doctor will give him a letter. They've told him that. Which means he'd have to go to a regular doctor and pay out of pocket which of course is not an option. 

I had this problem when I filed for SSDI. I had to appeal the first time, and during the appeal SSDI wanted functional capacity forms filled out and VA MH and Physical wouldn't fill them out. My attorney filed what we had and I still lost, even with a 100% rating. That was about 2 yrs ago. I even had a denial from Voc Rehab (well, a referral for ILP, so basically the same thing with regards to working or coursework towards working again). Good luck. Hopefully you are more successful. 

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Many years ago ( 20 to be exact)  i was forced into a medical retirement by the Federal Government , due to continued problems caused by a service connected medical condition.  Under the FERS retirement system I literally   lost a portion of federal retirement when I was granted SSDI.  The law actually requires all FERS retirees to file for Social Security so it is not like we have a choice. In my case I was denied SSDI the first time around. I was not yet rated 100%, but I had been medically retired from the Army and then Civil Service.  At that time I started to volunteer for the DAV as a service officer and I learned that  a veteran who has a hardship can request expedited claims service. ( I did this and I had my claim approved within 3 months) So that is the first thing I am going to recommend you do.  I looked around for a lawyer to get me my SSDI, but they all wanted a portion of my back pay if they won the claim, in my case that was not an option because I was also going to have to repay the Government ( civil Service ) part of the SSDI that was offset by my civil service retirement. In my case this came to over $22000.00 that I had to repay.  So when I finally did appear before the SSDI Law Judge,  I appeared alone,  and was asked why I should be granted benefits. and I explained that I was already medically retired by two government agencies and ( at that time)  I was rated 70% disabled from the VA.  I explained to the law judge that no one was going to hire me because I was an insurance risk with loss of use of my left foot requiring me to wear a brace to walk, and could not climb stairs.  I was awarded SSDI about a month later.

The whole point of my story is to say.. a veteran does not have to be rated 100% by the VA to get SSDI. In fact., more people than not,  get SSDI without any rating from the Department of Veterans affairs, so don't let this be a reason to stop you from submitting paperwork for SSDI. The award of  Social Security  disability is based on two things , first the job experience of the person, and if it is possible to retrain into a different job,  second the age of the person those over 55 generally will be awarded SSDI if it is impossible to retrain or impractical to start a new career field.

I cannot recommend any specific service officer or organization to assist you because personally I don't think they have your best interest in mind.  I think the best think to do is to ask around your community who goes above and beyond to help veterans with their claims issues... and I am sure someone will be recommended.  Also, most states offer veterans assistance with claims. 

You may also be able to obtain financial assistance from Veterans organizations to help pay a monthly mortgage or utilities. The DAV  I worked it gave donations to many veterans for these types of issues. 

There really isn't much more anyone can recommend, since your question does not really address  a  claim issue, what it is and how to  win the claim.  

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I appreciate all the info. This system is horrific. We are told something different by EVERYONE we talk too.

In any case we submitted his paperwork a month ago. The DAV officer said he had never seen a packet as well done as ours in all his years of doing this. He thought he had a great chance of getting 100%. So there's that.

Then, my husband was able to meet with our state congressman through a friend and he was going to help particalry with unemployability as that's the emergency right now. Then a VA person he spoke to said he was given false info and falst hope. He said he would most likely be denied first time.  It's like hope is given by one person and taken away by another.   He's currently being set up for dr. appointments for each of his conditions as part of the process.

What we need right now is the unemployability. Now we've been told you need 60% to get it. He's 50 right now.  We are still in danger of losing our home. He has gotten so much worse he cannot work or even function normally. 

So we have to wait and see if he gets rated higher before the unemployability?

So were sitting and waiting at the moment not sure what will happen. 

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The one fact of the VA is no one ever knows how your case will go.  It might be approved with everything you requested in the first try or you might wind up fighting for ten years.  Usually if you are in danger of losing your house and you contact a congressman your case gets some priority, but that does not mean it will be approved.  I have seen a loafer get 100% on the first try and I have seen people with solid cases go ten years or more.

I do not want to depress you but the VA is a depressing animal.  

The good news is that if you can hold out you should win.  Broncovet, a moderator on this forum, lost his house waiting for benefits.  With my wife working and Social Security and unemployment insurance I was able to hold out long enough.  

Good Luck and God Bless. 

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