To Appeal again or just forget it?

[ErinNick]

My husband is rated 70% for PTSD.  In January of 2020, he was finally marked unemployable and paid at the 100% rate.  A couple months later, he applied for SSI disability since the VA has said that he isn't employable.  He was instantly denied, so he sought out the advice of an attorney that specializes in SSI.  The lawyer told him his case was a no brainer and he would be awarded social security disability.  He had his telephone appeal at the beginning of this month and we just received the denial (attached here) in the mail.  Based on what he received in the mail, should he even try to appeal again?  The military says he cannot work.  Shouldn't SSI take that into account?  He's been working on this for almost a year and I would hate for all that hard work to go out the window.  His lawyer mentioned trying again in a year, but that doesn't make sense to me.  Has anyone been in this position?  Should he appeal again?

SSA Decision.pdf

[deedub75]

They are having hearings by phone due to Covid. I have a hearing with the ALJ next week. The OP's husband already had a hearing with the ALJ and it was denied. The next step is request a review from the Appeals Council. The Appeals Council can just rubber stamp the ALJ's decision if they agree with it and deny the request for a review. If they do decide to review they can decide the case or return it to the ALJ. 

[pacmanx1]

Think of it like the VA process, a veteran has a better chance of getting his/her claim granted at the review level because they will most likely consider his/her military time.  Of course they want to make it somewhat difficult to weed out some claims but if you continue to claim benefit he should win.

[ErinNick]

Thanks for all the opinions!  I do believe we are looking into hiring an occupational expert on our end to have my husband evaluated.  His lawyer told him not to appeal if there was no new evidence to present, so we'll have that report to present.

[pacmanx1]

15 minutes ago, ErinNick said:

Thanks for all the opinions!  I do believe we are looking into hiring an occupational expert on our end to have my husband evaluated.  His lawyer told him not to appeal if there was no new evidence to present, so we'll have that report to present.

keep in mind that one of the best benefits of being awarded SSDI is they will also pay for minor children.  In this day and age every little bit helps.

Benefits for Children (ssa.gov)

Who can get child’s benefits?

Your unmarried child can get benefits if they’re:

• Younger than age 18;

• 18-19 years old and a full-time student (no higher than grade 12); or

• 18 or older with a disability that began before age 22.

Under certain circumstances, we can also pay benefits to a stepchild, grandchild, step-grandchild, or adopted child.

To get benefits, a child must have:

• A parent who’s disabled or retired and entitled to Social Security benefits; or

• A parent who died after having worked long enough in a job where they paid Social Security taxes.