Acquiring SSDI at 38

[Hucast21]

Hi Hadit members!

I have a question for folks who have SSDI: how hard is it to get? I have read information about SSDI stating it is harder to get vs VA disability, especially if the person applying for it is under 40.

Any feedback will be greatly appreciated.

 

 

[Hucast21]

1 minute ago, deedub75 said:

"We do not have sufficient vocational information to determine whether you will be able to perform any of your past relevant work.  However, based on the evidence in file, we have determined you will be able to adjust to other work."

"However, it will not prevent doing lighter work"

I don't see how, if they even looked at my past relevant work, they can make these statements.  Other than the military and some outside sales jobs I've done  years ago, I've only done sedentary desk jobs.  What work is lighter than sedentary desk work?  I was forced to retire from my last job.  I have letters from my primary care doctor and neurologist that says I can't even perform sedentary desk work.  These letters were provided for my disability retirement from CBP.  SSA didn't even pull any of my work records from my last job.  

I agree because what you quoted makes no sense logically. You would need services from a vocational expert to render you favorable decision in my opinion. 

It seems the VA can be very shady when it comes to claims but that gets washed at the BVA level. SSA (from all accounts I have read) is entirely a different beast even if a veteran has a 100% P&T rating.

[deedub75]

4 minutes ago, Hucast21 said:

I agree because what you quoted makes no sense logically. You would need services from a vocational expert to render you favorable decision in my opinion. 

It seems the VA can be very shady when it comes to claims but that gets washed at the BVA level. SSA (from all accounts I have read) is entirely a different beast even if a veteran has a 100% P&T rating.

It almost seems like they took an easy denial route.  They are supposed to determine residual functional capacity which they clearly admitted that they did not do.  

Anyone know of a good social security disability attorney in the Indianapolis area?  

[Carl the Engineer]

I've posted this before, but here it is in a nut shell. 

VA comp and SSDI are two totally different things.  VA comps you on your chronic injuries while on active duty.  SSDI pays you not to work, because you can't, (some exceptions).

VA is not age based.  SSDI is age based.

With SSDI, under 50, if you can be retrained to do ANYTHING (answer the phone), you get denied.  50-59, if  you can be retrained in your field, you get denied.  60+, no retraining required, if you can work your current job, denied.

VA has no time periods, except for appeals and EED's etc.  SSDI, you must have worked withing the last 5 years.  There is a 40 quarters (10 year) requirement for SSI, not sure if there is a minimum for SSDI.

VA has an appeals process.  SSDI has three stages.  You initial claim will be seen by a clerk, who, if he/she dose not see your malady on the list you get denied.  Your appeal gets seen by his/her supervisor and then a doctor who will approve or deny.  Then off to the Judge, with a wait date.  When we did my wife's, the wait in WI was 18 months for a date with the Judge.

As an aside, we got denied twice, which is common when the malady is not on the list, such as Multiple Sclerosis, and we got a date with a Judge.  At that time, we contacted a pro-bono site that helped us.  As of note, they (lawyers, etc.) have the ability to meet with the Judges staff at anytime and go over what they have so far.  My wife got approved three months after the Judge letter.  And they can and do make deals.  Part of the approval was, SSDI immediately, but a 23 month wait for Medicare (which normally comes with SSDI).  I had her covered with my work health insurance, so that was not a concern.

We lost 20% of our back-pay, around $1800.00, to the law firm, but it was infidelity worth it.

FWIW,

Hamslice

 

 

 

 

[Carl the Engineer]

"Anyone know of a good social security disability attorney in the Indianapolis area?"

I can tell you who to use, but bear in mind, they have a 98% success rate, and will tell you outright (after looking at your stuff) if they will take your case.  If they don't, you probably don't have a winner.  And they should tell you why, I would hope.

PM me if you are interested,

Hamslice

 

[john999]

I got SSDI when I was 52 years old.  I had a doctor who knew how to write a report for SSDI that they had a hard time denying.  Mental conditions are easier to win I think because they are hard to measure.  If your shrink says you can't work will they get a shrink who says you can if you are TDIU or 100% from the VA?

[pacmanx1]

IMHO, you might want to go with one of the bigger law firms, you see their commercials on all the time.  They have lawyer partners all over the states that can do a face to face and go with you to your hearing and they are pro-bono.  You may have to shop around. If one attorney says no, you don't have a case, try to get the opinion of another attorney. They also have vocational rehabilitation specialist that they work with.