Social Security

[Charleese]

Hi everyone,

I thought I had read sometime ago that if a Veteran was given disability, that he could apply for Social Security and that it would automatically be given. It stated that they had a rule or regulation on this. If anyone know of such a ruling or reg please post.

I know of a vet who has been given 160% disability because of two knee replacements, etc. but has since been cut back to 70%, but has been denied Social Security twice even though VA say he is unemployable. He has appealed both times.

Thanks!

[jbasser]

This post has been moved to the SSA forum.

[JohnM]

Ther is no such rule or law. With social security disability Unlike va compensation, a person must be considered 100% disabled before it is awarded. VA must consider a SSD award especially if it is for service connected disability, but SS is not obligated to review or award SSD becasue of a service connected disability.

If you friend has two knee replacements I doubt he wil get SSD, there are many jobs a person can do with knee replacements.

Just thought I would put my 2 cents in

Depending on how old this friend is, what type of work he does, what kind of schooling, and can this person be retrained.

Many people have the wrong opinion on SSD. The major question has a person lost their job because of their disability and can a person be retrained.

yes there is many jobs a person can do with knee replacements, but there are other factors, I will use myself as a example

(JohnM's wife)

2 knee replacements, 1 cabbage surgery, 1 lymph nod surgery,1 shoulder surgery,Fibromyalgia, high school graduate with a learning disability, age of SSD 54, factory employment. plus other medical problems. Now also I went to an occupational therapist for testing skills, OSHA requires 8 hrs of standing, climbing,bending, lifting over head, and a standard, and much more, if a person can not full fill this then they will consider this also. along with doctor statements. The big thing is can a person do an 8 hr. standard, for myself I could no longer do it.

These are just some factors, there are many many more, So Yes your friend should apply for SSD, HE/She may have to fight for it that is always a possibility with SSD.

[JohnM]

Rickb54 No arguement taken, although I was trying to point out that knee replacement with other factors may qualify for SSD. Yes you are right just knee replacement is not going to land SSD unless there is something wrong for instants if you are in constant pain, if the replacements are not working and your body is rejecting them. And I guess I did go a little off the question.

JohnM's Wife

[Charleese]

Hi everyone, thanks for your replies. Yes he has more than 2 knee replacements. His report from VA states that he has PTSD from hypertension even though they had yet to give him a rating for PTSD. It also states along with other conditions that he is unemployable. He submitted this report to Social Security and they still denied him. So he has appealed their decision.

Thanks again for your replies.

[Berta]

. "His report from VA states that he has PTSD from hypertension even though they had"

Are you sure they didn't say- 'he has HBP from PTSD' ?

Whatever way they said this- to me- is an astonishing statement from the VA.

Since he has PTSD diagnosis and has not been rated yet-and as long as he has a verifiable service nexus for the PTSD (but maybe they do mean from the HBP ???) then the HBP could be a secondary condition -

By saying his HBP is causing the PTSD means his HBP would have to be directly service connected, the PTSD as secondary- that would be odd- I have ever seen anything like that-

The is an ALLSUP Inc link here at hadit- this is a firm of disability experts who can evaluate his SSA claim right away as to his chances and then-for a fee- can support the SSA claim for him.

They say they have a 97% award rate on the claims they accept.

I imagine there are many problems one could have with knee replacements but my neighbor has two knee replacements-USAF vet- and is in his late 60s always working the farm next door that he inherited.

[jbasser]

Look at it this way, The VA relys on a disability percentage to determine the level. The SSA does not care about disability percentages, They care about the claimant proving that you can not perform any gainful activity with each step based on age discrimination against the younger person. If your 55 or older you have a better shot because the criteria is different, If your under 50, The criteria is as follows. Cannot do any gainful activity, Illness is expected to last at least a year or result in death.

Most attorneys laugh at the first appeal stages. They will not even concentrate until it is time to see the ALJ.

Remember 60 percent of all SSD cases are denied. Even folks with terminal cancers who never see a check because they die while waiting for the ALJ hearing. Is there anything wrong here? I have heard of ALJ's apologizing to claimants for the actions of the Social Security staff at the state disability level.