Questions on DIC

[namvet6567]

Trying to help a spouse who was separated from her 100% P&T husband, for 10.5yrs, at time of his death.  Never divorced as reconciliation was a consideration.  They paid her his final check but then denied her DIC.  He died in early 2020 at a VA contracted nursing home in FL.  VA never notified her of his death.  Also tried to look up m21-1 but found the VA may have discontinued it??????  Thx

[namvet6567]

The buddy statement wasn't a buddy statement but was in fact additional pages to her Statement in Support of Claim, and signed by her.   She meets every requirement except for the separation from him.  And the VA is required to accept her statements unless there is contrary evidence.  We never resided together or cohabitated.  My apartment was separate from her.  I think I may have to do an affidavit for her but the M21-1 statement, plus the CUE and failure to apply 38 CFR 4,6(think that's the number Berta said).

 

[namvet6567]

Does anyone know if SSD has any kind of CUE regulation???  They denied me 3 addition yrs even tho I'd won my VA claim.  I won my VA back in '99(after 10yrs of appeals) and SSD only went back to '92.  I'm considering going after them,  especially now that I've won HB.  Both claims were awarded retro to my original claim date of 4/89.  Both the VA and SSD have screwed me.  I would have been awarded an additional $10k in the Dow/agent orange lawsuit monies and my SSD would have been awarded the additional 3yrs had the VA processed my claim properly.  

[pacmanx1]

3 hours ago, namvet6567 said:

Does anyone know if SSD has any kind of CUE regulation???

Very good and interesting question. As far as I know and if anyone has better insight, please correct me but from what I found out is that the SSA goes by the EOD (ESTABLISHED ONSET DATE), but they will only go back as far as twelve months prior to your last application. That means if you applied in 2009, get denied by an ALJ in 2011 and then file a new application in 2012 and then it takes the ALJ (ADMINISTRATIVE LAW JUDGE) to get your claim in 2014 the SSA will only go back as far as 2011. 

In some ways the SSA is like the VA whereas, you can file a claim in 2009 and it goes all the way to an ALJ and gets denied but told you can file a new application. Then when  you file a new application in 2012 and wait another two years and then finally win your claim but the new decision will not reverse the old ALJ decision  even though they may state that your EOD was 2009, they will not back pay, or retro pay that far. The 2011 date is twelve months prior to your last application and the SSA will not back/retro pay any further.  If I am wrong or off, please correct me.

When you won your SSDI, what did your attorney say about the effective date or the EOD?

[Berta]

I hve no idea if SSA has any type of CUE scenario-we filed for and won a reconsideration request.

I called the SSA lawyer who said he could not help us,so I did the paperwork myself.

I told him he lost over 4,500 bucks. Which would have been his fee if he had helped us.

He was stunned to learn we had won a better EED for PTSD and we talked for about an hour or more and he told me he would never look at a PTSD SSDI matter the same way again.

My husband and then I, as his widow , were in the AO Settlement Fund.

AT first hi application was denied ( the only requirement was Vietnam incountry service and with a Total and Permanent Disability.

I immediately wrote to the judge who signed th denial letter, and asked him for hi peronal assurance to the veteran and to me,his spouse.  that the Agent Orange they dumped on him during a maneuver within the tropical jungles near Danang, would Never cause him more disabilities.The marines on that maneuver wer doused by it and then had to remain in the same utilities for weeks,due to another maneuver. The tropic jungle they got sprayed in was destroyed  down to nothing within a few days.

About 3 weeks later he got the AO settlement Fund award letter and the cash.

 

 

 

 

[namvet6567]

I believe the AO settlement paid a max of $12,500.  They paid me $2500 total, ($833+once a yr) over 3yrs.  I was 30%SC at the time of the AO awards settlements.  Had the VA correctly rated my evidence I would have gotten the max awarded. Oh well, nothing I can do now except think poorly of the VA and never trust them or give up.

I have a group member who retired from the Navy and then worked at a local SSA office , I'll have to check w/him on the SSDI CUE rule, if there is one.  Thanks for everything!!

[namvet6567]

20 hours ago, pacmanx1 said:

Very good and interesting question. As far as I know and if anyone has better insight, please correct me but from what I found out is that the SSA goes by the EOD (ESTABLISHED ONSET DATE), but they will only go back as far as twelve months prior to your last application. That means if you applied in 2009, get denied by an ALJ in 2011 and then file a new application in 2012 and then it takes the ALJ (ADMINISTRATIVE LAW JUDGE) to get your claim in 2014 the SSA will only go back as far as 2011. 

In some ways the SSA is like the VA whereas, you can file a claim in 2009 and it goes all the way to an ALJ and gets denied but told you can file a new application. Then when  you file a new application in 2012 and wait another two years and then finally win your claim but the new decision will not reverse the old ALJ decision  even though they may state that your EOD was 2009, they will not back pay, or retro pay that far. The 2011 date is twelve months prior to your last application and the SSA will not back/retro pay any further.  If I am wrong or off, please correct me.

When you won your SSDI, what did your attorney say about the effective date or the EOD?

I eventually won.  I spent almost $1,000 purchasing the set of books lawyers use to guide them.  In that set was some residual mental status evaluation form(can never remember it's name) but I posted it here, probably around 1999 when I won my claim.  That form plus a lawyer from NOSSCR, won retro-actively, 7yrs, at an ALJ reconsideration hearing.  SSDI has/had a 4yr deadline to file for that reconsideration, which is wondering about SSDI and a possible CUE.  Thanks for responding.  I've had nothing to do with my first atty.