Is it possible to get a letter stating I am unemployable?

[Ocean]

Hello,

Since 2011, I have done my best to chug along while dealing with the bumps and bruises of war. The VA rated me as P&T in 2018, at 100%; which I am so grateful for but I am now needing to lean in for SSDI. I was rated for a cervical neck fusion, which only partially repaired a nerve problem and I have chronic migraines, and lose feelings in my hands. I also have PTSD, Major Depressive Disorder, Adjustment Disorder, and Panic Disorder. I have needed to work from home, as an ADA accommodation, since 2015.  As of 2017, this has become even more of a challenge and I have been on medical leave after medical leave most lasting over six months. In 2018, I attempted to use the VR&E program but was denied as my disabilities were too severe and they said no job they could offer would have the same amount of accommodations as I was getting/needing.  I applied for Social Security in January of this year, as I have been on a medical leave as of 8/2019, but was denied. I got the letter from Social Security which acknowledged my disabilities but said I could find work somewhere. I know I dont qualify under the Unemployable clause, but was not sure where to go. I checked eBenefits and it looks like my VSO dropped me as I havent been in contact for over a year? I also dont mind if I need to sign a form with the VA stating I am not able to work or earn an income; if that matters.

 

Edited May 17, 2020 by Ocean

[pacmanx1]

38 minutes ago, Ocean said:

Hello,

Since 2011, I have done my best to chug along while dealing with the bumps and bruises of war. The VA rated me as P&T in 2018, at 100%; which I am so grateful for but I am now needing to lean in for SSDI. I was rated for a cervical neck fusion, which only partially repaired a nerve problem and I have chronic migraines, and lose feelings in my hands. I also have PTSD, Major Depressive Disorder, Adjustment Disorder, and Panic Disorder. I have needed to work from home, as an ADA accommodation, since 2015.  As of 2017, this has become even more of a challenge and I have been on medical leave after medical leave most lasting over six months. In 2018, I attempted to use the VR&E program but was denied as my disabilities were too severe and they said no job they could offer would have the same amount of accommodations as I was getting/needing.  I applied for Social Security in January of this year, as I have been on a medical leave as of 8/2019, but was denied. I got the letter from Social Security which acknowledged my disabilities but said I could find work somewhere. I know I dont qualify under the Unemployable clause, but was not sure where to go. I checked eBenefits and it looks like my VSO dropped me as I havent been in contact for over a year? I also dont mind if I need to sign a form with the VA stating I am not able to work or earn an income; if that matters.

 

The best and most simplest answer IMHO is to hire a SSDI lawyer. You can contact one of the Big firms that you see on TV.  If one says no, contact another. Most don't understand that in order to get SSA benefits, you will have to get attorney. It is a hidden fact that most SSA denials are granted during the appeal period and you have to have a lawyer. With VA a veteran can go it on his/her own but with SSA claims, the lawyer is key to winning your claim.  Also make sure you don't miss any deadlines. If your deadline has past, re-file your claim and when SSA denies you, get a lawyer fast.  Most lawyers will take your case pro bono (Which means) you don't pay unless they win, and when they win, their payment will come from your retro payment.  I think you will have to sign an contact agreement to a 20-30% or the max about $6000.00 but you do get your benefits. It should be a clear case of winning but most people including veterans have to have that lawyer to win. One reason why SSA denied your claim is that you were still on medical leave. You have to be not working and not on medical leave. You can ask your PCP and or your mental health doctor to write a letter that you cannot work due to your medical/mental condition. If you have a VR&E letter that states that you cannot be trained this will help also.

Edited May 18, 2020 by pacmanx1

[Ocean]

Thank you for the reply, I will obtain a lawyer. 

[broncovet]

Getting a lawyer is a good choice, however, even if you do, you will still need a statment that you are unemployable.  However, this statement will need to be MEDICAL evidence of 1 or 2 ways:

1.  A Doctor will need to sign a statement that your sc conditions render you unable to maintain SGE.  OR

2.  A voc rehab specialist will need a similar opinion.  

     Clifford Parker is the Voc rehab specialist I used, he wrote the letter, after reviewing my evidence, and then wrote an IMO.  It was reasonable, under 1000 dollars.  He took 2 payments on my credit card.  

     A lawyer "may" up front that cost, but you would have to discuss that with the lawyer.  

[Ocean]

On 5/18/2020 at 11:20 AM, broncovet said:

Getting a lawyer is a good choice, however, even if you do, you will still need a statment that you are unemployable.  However, this statement will need to be MEDICAL evidence of 1 or 2 ways:

1.  A Doctor will need to sign a statement that your sc conditions render you unable to maintain SGE.  OR

2.  A voc rehab specialist will need a similar opinion.  

     Clifford Parker is the Voc rehab specialist I used, he wrote the letter, after reviewing my evidence, and then wrote an IMO.  It was reasonable, under 1000 dollars.  He took 2 payments on my credit card.  

     A lawyer "may" up front that cost, but you would have to discuss that with the lawyer.  

Thank you broncovet, I sent you a Private Message. I would like to talk to Clifford Parker for the same service. 

[broncovet]

Try reaching Patrick Clifford.  here.  I have messed up his name..sorry.  

https://www.linkedin.com/in/patrick-clifford-038a0254

[kanewnut]

I went through the SSDI process over ten years ago. I have neck and back problems and major depression. The SSA denied me like they have you. They have an appeal process like the VA. I eventually had to get a lawyer. I didn’t have a letter from a doctor saying I was totally disabled. I didn’t get any reports from any vocational rehabilitation specialists. The SSA set me up with doctor appointments for examinations. None of these said I was totally disabled. I had a hearing before an administrative law judge. Based on the record and my testimony the judge found that I didn’t have the residual functional capacity to perform work tasks for the eight hour work day. 
 

I worked with a friend many years ago that used to work for the SSA in Raleigh, NC. He told me they had a policy of denying 90 percent of the claims. Not based on anything. So I would expect to get denied at first. A lawyer for going before the administrative law judge I think is a good idea. 
 

SSA is covered in 20 CFR. You can read a lot about it there. I am getting familiar with all of this again because the VA is denying me TDIU for over ten years now.