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SSD Claim Denied by Judge


Bhut

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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.

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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.

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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. 

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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
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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.

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