SSD Claim Denied by Judge - Social Security Disability Questions - VA Disability Claims Community Forums - Hadit.com Jump to content
VA Disability Claims Community Forums - Hadit.com
  • 0

SSD Claim Denied by Judge


Bhut

Question

Hello guys, I am looking for a good SSD attorney in Florida.  I am 50 years old and my claim was just denied by an Administrative Law Judge.  I have not received the denial in the mail yet so not sure exactly why denied.  I do currently have an attorney but she has been less than aggressive to say the least.  I am rated 80% disabled by the VA and receive TDIU benefits.  I actually received SSS benefits from 2002-2004 but went back to work for about 6 years until my condition got worse again.  I thought it would be relatively simple to get the SSD re-instated, especially since I now receive TDIU benefits from the VA.  Wrong.  I receive 70% for PTSD, 10% for tinnitus, and 10% for an injury to my left foot.  If anyone can recommend a good SSD attorney I would really appreciate it.

Thanks in advance.

Link to comment
Share on other sites

11 answers to this question

Recommended Posts

  • 0
  • Moderator

More veterans need to hear your story. I have run into this a few times and it is a big problem. I try to tell veterans that once they reach TDIU or 100% scheduler, forget about going back to work. At this point you may be able to get work, but can you keep working. Disabilities wax and wane, simply putting it, you have good days and bad days but that does not mean you can keep a job/position until your normal retirement age. It is a disaster waiting to happen.

I am not trying to scold you; I am just trying to point out the fact that other veterans need to hear your story. Unfortunately, you have to consider that you are medically retired and try not to think about going back to work. With that said, you may want to look into one of the larger name’s lawyers, you know the ones you see in commercials all the time. They do not have to be in your local area/state, but they can still help you win your claim, and they have the same rule as, you don’t pay unless you win. If your benefits are granted the SSA office will take their fee out of your benefits before you get them.

Your issue now is that you were declared disabled, and you went back to work, and you basically overcame your disability(s) and now you have to prove by medical evidence and opinion that you are once again disabled and that you can no longer work. Due to the fact that you did work this may be an uphill battle. I am not saying it is going to be impossible, just trying to point out the fact that you are basically starting all over again. Once an individual is declared disabled the SSA would give them twelve (12) months to try to go back to work and if the individual works for twelve (12) consecutive months then the individual is declared rehabilitated, overcame their disabilities or employable and the benefits will stop.

Link to comment
Share on other sites

  • 0

I know you are right, the thing is when SSA declared me disabled in 2003, I pretty much had nothing.  I think I was getting about $1500 a month for SSD, at the time I was only receiving 10% disability from the VA.  In 2007 a friend of mine was working in Iraq as a contractor and said he could help me get a job there because of my background in the military.  I was able to get a job there and worked for two years, and then three more years in Afghanistan.  I was able to keep the job but had several issues with supervisors and co-workers.  I actually ended up leaving in 2013 and have not worked since then.  The VA did not give me a rating of 70% for PTSD until 2016 and TDIU in 2021, with an effective date of October 2013, when I left my job in Afghanistan.

I did file for SSD again in 2015, it was denied and my attorney said I should drop the claim and re-file, I dropped and re-filed in in 2018.  When I had the hearing via telephone last month I actually had a pretty good feeling, SSD's rehab counselor pretty much told the judge that there were no jobs that I could do in the economy without close supervision.  After the hearing my attorney called me back and said it sounded very positive to her and by SSA's rules she thought that we would be successful.  Apparently she was wrong (again).  Now the problem is my date last insured was December 2018, so now I can no longer apply for a new claim.  I guess I will file an appeal but doubt that will be successful either, from what my attorney told me in 2015 when I was denied then that the appeal just goes back to the same judge to review again and he makes a ruling again, I doubt too often they are going to change their mind and rule against their original decision.

At the end of the day I am better off having went back to work for those 5 years, I did make a decent amount of money and invested the majority of it wisely and I own nothing on either of my homes, I would not be that well off if I had not taken the job overseas.  But it also made my PTSD and Depression much worse than it initially was, and I honestly feel that I should be entitled to SSD benefits.  Will see how it goes, but I'm not too optimistic. 

Link to comment
Share on other sites

  • 0
  • Moderator
33 minutes ago, Bhut said:

At the end of the day I am better off having went back to work for those 5 years, I did make a decent amount of money and invested the majority of it wisely and I own nothing on either of my homes, I would not be that well off if I had not taken the job overseas.  But it also made my PTSD and Depression much worse than it initially was, and I honestly feel that I should be entitled to SSD benefits.  Will see how it goes, but I'm not too optimistic. 

Try contacting Binder and Binder, if they do not take your claim try another big-name law firm. You may have to shop around but they are very good. SSA benefits go by onset date, and you may or may not still be eligible. They may have you file an appeal to the next higher level, or they may even suggest that you re-apply and start a new application. I am not saying that your current lawyer is wrong but, Binder and Binder manage a lot more SSA Disability claims, and they may help.

Hope the Best 

Pete.

Do this as soon as possible.

Edited by pacmanx1 (see edit history)
Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I think you have a better chance of getting SSDI for a mental thing than for a physical thing.  No doctor can x-ray your mind.  If you have good report from shrink saying you are disabled due to PTSD that should do it.  Getting denied at first is SAP for social security.  They try to starve you out so if you are not really disabled you will go back to work.

  • Like 1
Link to comment
Share on other sites

  • 0

Try some of these lawyers in Florida:

https://www.google.com/search?q=ssdi+lawyers+florida&rlz=1C1CHBF_enUS695US695&ei=XpnVYaq_IZWnqtsP6eGs0AY&oq=SSDI+lawyrs+Florida&gs_lcp=Cgdnd3Mtd2l6EAxKBAhBGABKBAhGGABQAFgAYABoAHAAeACAAQCIAQCSAQCYAQA&sclient=gws-wiz&ved=0ahUKEwiq5uub2Jr1AhWVk2oFHekwC2oQ4dUDCA4

Here are some lawyers nationwide who deal with TDIU and SSDI:

https://www.google.com/search?q=tdiu+but+denied+for+ssdi+attorneys&rlz=1C1CHBF_enUS695US695&ei=ApnVYf-FB7uiqtsPsty24A0&oq=TDIU+but+denied+for+SSDI+attoneys&gs_lcp=Cgdnd3Mtd2l6EAxKBAhBGABKBAhGGABQAFgAYABoAHAAeACAAQCIAQCSAQCYAQA&sclient=gws-wiz&ved=0ahUKEwj_juLv15r1AhU7kWoFHTKuDdwQ4dUDCA4

I agree with Pacman too-Binder andd Binder ...but as he said you need to act fast because a lawyer might see the need to file ( there is a deadline on this) a formal Reconsideration Request.

I had experience with that. My husband had not ben denied SSDI but they used his Section 1151 stroke of 1992 for the SSDI award.

He had listed what we believed to be his most disabling diability -PTSD( he was 30% SC for PTSD at that time with a VA claim in for a higher PTSD rating.I prepared a reconsideration request because after I spent a few hours ( SSA Corning allowed me to read their Handbook (it might be online by now) I found what I needed...the SSDI MUST onsider every disability you list on the SSDI application. Bingo!

They let me make a few xeroxes of that regulation.

I had a valid Legal  basis for the Recon Request.

SSA called him and tried to talk him out of the reconsideration but I got on the phone and said he would proceed with that.

Then we got a NY SSA lawyer but the lawyer would not help us and said the reconsidertion would fail.Like the VA SOP, he didn even want to see ay of the evidence I had collected.

Adversity inspires me.

I called the lawyer about 3-4 months later and told him he just lost I think about 8 tthousand dollars - maybe it was 6 thousand --the recon brought about 18,000 more retro from SSDI ----long ago-I said my husband had won the recon request. The lawyer was stunned and we had a long talk and he said he would never look at a PTSD SSDI claim the same way again.

 

When my husband died I used the additional SSDI award for PTSD to support his pending claim for PTSD. After a ridiculous battle , for a little less than 3 years,the VA awarded him back to 3 years prior to his death- the last day he was able to work.

100% P & T for SC PTSD. (30 % in his lifetime.

The battle involved my RO's usual SOL with my claims and failed to consider all of my husband's psychiatric records from the VA. They also said tthe SSA refused to send them his SSDI info- that was a Big Lie! I learned from main SSA in Baltilore that they had never requested them even though his authorization form was in th C file.I took their initial denial letter to his shrink at the VA and he was angry because he knew the VA had records they did not even consider were  from his extensive treatment program of my husband,  that included hypnosis,slf hypnosis lessons, extensive  therapy, MMPI and 5 other tests,  and then  two days of extensive additional psychiatric tests to separate his 1151 stroke residuals from his PTSD.

He gave me a copy of his summary of the PTSD deeming it as " catastrophic "and 

sent me a copy of a letter he said he would send to the RO along with his summation and mentioned the fact to the RO that I had shown him the veteran;s SSDI PTSD award.I tthink he sent them a copy of it.

A few weeks later the VA awarded the 100% SC for PTSD.

We have to be Aggressive in every way on this stuff- whether a SSA matter or a VA situation. It all boils down to one thing however-

Documented medical EVIDENCE.

 

Edited by Berta
CTS (see edit history)
Link to comment
Share on other sites

  • 0

My wife filed for SSDI in Florida and was rubber stamp denied. Went to Kushner & Kushner and won her case. I had another friend who used them also and he was approved. She told me that when she went to the hearing, Kushner was on good terms with the judge. Good Luck!!

Link to comment
Share on other sites

  • 0

Thanks so much guys for the insight and advice.  I should have the denial letter in the mail soon, I don't think another attorney can do much until I have that.  I'm not going to give up on it for sure.  I just thought it would be so much easier now, especially with receiving TDIU from the VA and being over 50.  Hopefully it will work out in the end.  I really do appreciate any suggestions or advice, I have always received good advice on this forum.  Myself and countless other veterans owe a lot to this forum from the useful information that many post here.

Link to comment
Share on other sites

  • 0

I have not heard from my current attorney yet, I sent her an email last night.  She has yet to reply.  Maybe waiting for the letter stating claim is denied.

Link to comment
Share on other sites

  • 0
  • Community Owner

Call up her office and tell them you need a response or you will file a complaint on her to the Bar Association in you state. One of my pet peeves is an attorney that does not timely respond to client request.  The bar threat will get her attn. If it does not you need to get a new one as you are not the first to file a complaint on her.

  • Like 1
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • have-question-title-2.jpg

    • Read without registering.
    • Register to Post A Question.
    • Find Answers Fast - Search

    Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on. Use paragraphs instead of one massive, rambling introduction or story.

    Again – Make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

    exclamation-mark-orange-gold.jpg How To Post

    Post a clear title like

    Need help preparing PTSD claim or “VA med center won’t schedule my surgery” instead of  ‘I have a question."

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?

    Note:

    Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

     

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

Guidelines and Terms of Use