ssdi cessation help

[11cvolley]

SO I been on ssdi since 2011 or 2012 for ptsd. I am rated 100% p&t for ptsd by the VA. I just had a cdr and they're going to stop my ssdi. The reason they gave is this, 'Medical evidence in file shows that you do have mental health conditions. However, your conditions are not so severe as to meet the requirements for social security disability. We have considered your mental health conditions and have determined that you are still capable of simple work that does not require sustained social interaction. 

We do not have sufficient vocational information in file to determine if you are able to perform any of your past work. However, based on the evidence in file, we have determined that you can adjust to other work.

 

Questions:

1. I am requesting a reconsideration and that my payments continue, but The letter I just got today, 03-05-2021, is dated 02-26-2021 and SSA office is closed already. So I'll take it on Monday, but it'll be past 10 days... Will they continue my payments?

2. During this cdr I asked my new va ptsd doctor, last one retired, to write me up a letter stating their opinion on my ability to work. She claimed she couldn't or that the VA doesn't allow that anymore. Is there a way I can get an opinion letter from the va? She has told me it is her opinion I can not work at all and that it is reflected in my medical notes.

3. Is there any other steps I need to take before my first hearing?

[Banned]

This is not an answer to your question, however, some insight.

SSDI is age based, unlike the VA.  Below age 50, if you can do any work whatsoever, they deny benefits.  50-59, if you can be retrained in another field, then denied.  60 and over, no retraining required.

So, I don't know how old you are, so there is that.

Also, they could have changed the requirements for PTSD.  Just like the VA changes regulations.

If you used legal assistance to get your SSDI, you might want to get them involved.

FWIW,

Hamslice

 

[pacmanx1]

4 hours ago, 11cvolley said:

We do not have sufficient vocational information in file to determine if you are able to perform any of your past work. However, based on the evidence in file, we have determined that you can adjust to other work.

 

Questions:

1. I am requesting a reconsideration and that my payments continue, but The letter I just got today, 03-05-2021, is dated 02-26-2021 and SSA office is closed already. So I'll take it on Monday, but it'll be past 10 days... Will they continue my payments?

2. During this cdr I asked my new va ptsd doctor, last one retired, to write me up a letter stating their opinion on my ability to work. She claimed she couldn't or that the VA doesn't allow that anymore. Is there a way I can get an opinion letter from the va? She has told me it is her opinion I can not work at all and that it is reflected in my medical notes.

3. Is there any other steps I need to take before my first hearing?

Is it at all possible that the SSA does not have all your most recent VAMC Medical Treatment Records? Even though the doctor is not willing to write a statement on your behalf, it appears that she has informed you that your current medical treatment records should be sufficient. I am just going by what you posted, and I have no idea of what the SSA have or does not have but I think it would be a good start when you contact them. Also, if you have a feasibility letter from VA Voc Rehab stating that you cannot work would also help.

[11cvolley]

10 hours ago, pacmanx1 said:

Is it at all possible that the SSA does not have all your most recent VAMC Medical Treatment Records? Even though the doctor is not willing to write a statement on your behalf, it appears that she has informed you that your current medical treatment records should be sufficient. I am just going by what you posted, and I have no idea of what the SSA have or does not have but I think it would be a good start when you contact them. Also, if you have a feasibility letter from VA Voc Rehab stating that you cannot work would also help.

Ssa has my last 6 months of record. The cessation letter only focused on my anxiety tho. No mention of ptsd.

[pacmanx1]

Not sure if the VA granted you an increase on your PTSD but you should include this evidence when you respond to the SSA. 

[11cvolley]

6 minutes ago, pacmanx1 said:

Not sure if the VA granted you an increase on your PTSD but you should include this evidence when you respond to the SSA. 

Thanks. I was going to during the cdr but the ssa person in charge of my cdr said it didn't matter. When I was awarded ssdi I was 70% sc and now 100% p&t.

[pacmanx1]

4 minutes ago, 11cvolley said:

Thanks. I was going to during the cdr but the ssa person in charge of my cdr said it didn't matter. When I was awarded ssdi I was 70% sc and now 100% p&t.

IMHO (IN MY HUMBLE OPINION) if they are talking about stopping your benefits it would matter to me. Never listen to what anyone say over the phone, make sure it is in writing and CWA if you know what I mean.

[11cvolley]

18 minutes ago, pacmanx1 said:

IMHO (IN MY HUMBLE OPINION) if they are talking about stopping your benefits it would matter to me. Never listen to what anyone say over the phone, make sure it is in writing and CWA if you know what I mean.

I had a lawyer that helped me get to 100% with an independent medical imo letter from a doctor. Even tho that IMO letter is old, 5yrs+, would it help?

[pacmanx1]

 

6 minutes ago, 11cvolley said:

I had a lawyer that helped me get to 100% with an independent medical imo letter from a doctor. Even tho that IMO letter is old, 5yrs+, would it help?

If it is dated after the SSA granted your benefit, I would say yes, also do not forget about your most recent medical records.

 

[11cvolley]

I found a lawyer locally that'll let me keep my ssdi going while they work on my case. I just have to setup an account with them and put 25% into the account every month until they win; then the lawyer will petition the court for that sum and return anything ssa doesn't approve. The lawyer also asked why I am not getting SSI for my son since he lives with me. Told her I never knew I could. She said that'd be a separate case and we'd talk about it after my phone interview tomorrow to get everything setup.

She told me this cessation is very common now and is ssa's new 'go to' to cut cost. Basically any question SSA's doctor ask about you leaving the house and doing something alone is enough for them to declare you can return to work; IF your current doctor hasn't down their own medical opinion. She said SSA is ignoring patient's doctors medical opinion if it doesn't address the questions SSA's doctors ask and expands on the question to why this still means I can't work. I still feel defeated by my government. Best case scenario I lose 25% of my ssdi until the lawyer wins the case. I'd like to do it myself, but I know I am not capable of it. 

[pacmanx1]

1 hour ago, 11cvolley said:

I found a lawyer locally that'll let me keep my ssdi going while they work on my case. I just have to setup an account with them and put 25% into the account every month until they win; then the lawyer will petition the court for that sum and return anything ssa doesn't approve. The lawyer also asked why I am not getting SSI for my son since he lives with me. Told her I never knew I could. She said that'd be a separate case and we'd talk about it after my phone interview tomorrow to get everything setup.

It is your call what you do, prior to setting up an account and signing an agreement. I would check with other lawyers.  Also, if you have a dependent child living with you, you should be able to inform/contact the SSA and they (THE SSA OFFICE) should include that child and award any payment if he meets the requirements. No lawyer needed for something they should have already granted. Lastly, you do not need a lawyer until the SSA makes a decision on the evidence they do not have. All evidence after the SSA made their decision could change their minds and cancel their review.

[11cvolley]

On 3/8/2021 at 1:42 PM, pacmanx1 said:

It is your call what you do, prior to setting up an account and signing an agreement. I would check with other lawyers.  Also, if you have a dependent child living with you, you should be able to inform/contact the SSA and they (THE SSA OFFICE) should include that child and award any payment if he meets the requirements. No lawyer needed for something they should have already granted. Lastly, you do not need a lawyer until the SSA makes a decision on the evidence they do not have. All evidence after the SSA made their decision could change their minds and cancel their review.

I would have tried this bit I can't get my va doctor to do anything and I just can't do the stress. I was having shaking attacks. I just feel a ton better knowing I got a lawyer that says she has done a ton of these types of cases.

[pacmanx1]

No problem, it's just that money is really tight and giving up any portion for any amount of time seems a bit much. Yes, we get regular checks but when those checks come and go, we/I need to find a way for them to stay a little longer. 

[11cvolley]

1 hour ago, pacmanx1 said:

No problem, it's just that money is really tight and giving up any portion for any amount of time seems a bit much. Yes, we get regular checks but when those checks come and go, we/I need to find a way for them to stay a little longer. 

Luckily I had between 600 and 700 left over every month after assuming 700 for food, gas, household needs. So having to put 235 in escrow every month isn't to bad.