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I am now 100% P&T, what do I need to know to apply for Social Security Disability?

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traveler

Question

I have recently been raised up to 100% P & T for VA disability.

How do I find out about applying for Social Security?

Is there any source where I can learn about it, from being in my situation?

I don't know ANYTHING about it.  Please help!

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I will add my experience since I have 70% VA SC since 2011 and was granted SSD in 2018 on the first try with no appeal, which only happens in about 10% of cases. 

You should apply first without a lawyer, since if you win you will not owe them their 25%.  You will be doing all the work anyway filling out two lengthy questionnaires that lawyers will not know the answers to.  My application took 7 months to be approved.  SSD pays going back one year from date of application, if you state that the date of disability is at least back that far.  Try to apply if possible in person at an office so you can ask questions if necessary. 

Give names and addresses of all doctors or practitioners of any kind, SS will contact them and by law they have to provide all relevant records at no cost to you.  Having your VA determination should no doubt help. 

My disability was based on mental condition, same as my VA SC.  I had to go to a psychologist exam, about one hour.  I was sure the guy was baiting me to get my claim denied.  Turned out he wasn't.  I got my electronic record of everything submitted for my claim from all practitioners and he didn't even mention some things that were discussed in the exam. 

My case may have been a slam dunk because of 30 years worth of records, also my age which was 62 at the time.  SSD supposedly awarded more easily the older you are, after 60 supposedly much easier (someone here mentioned that being called the "grid"system). 

You can get your electronic record of the proceedings including all records submitted by practitioners after the ruling, but you have to specifically request it and it costs $38, it will be in the form of encrypted files on a disc. 

Re SSDI:  everyone always mentions this but it only applies if your SSD award is below the SSDI minimum payment, about $800.  So if your lifetime SS benefit is currently above that (you can either see it online or you may have yearly statements SS sent you) you will not get SSDI .  Example:  Your lifetime SS benefit from earnings is $400, you will get $400 SSDI to bring you up to the SSDI minimum.  If your lifetime SS benefit is $900, you get $0 SSDI since you are above the SSDI minimum.  SSD benefit amount is what you would have gotten by waiting until age 66 rather than the earliest possible retirement age of 62, so it will be 32% higher. 

Additional info:  I used lawyers to file the claim but fired them when I realized I was doing all the work.  I had to file a request with SS within 15 days of the disability ruling to get their fee refunded and got hostility from three SS workers for it (it was none of their business of course).  It took 11 months but I got the $5300 back. 

Also: there was a provision in the Build Back Better bill to raise SSDI minimum by 50%, long overdue.  Apparently it did not pass. 

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  • HadIt.com Elder
On 2/6/2022 at 1:54 AM, traveler said:

I have recently been raised up to 100% P & T for VA disability.

How do I find out about applying for Social Security?

Is there any source where I can learn about it, from being in my situation?

I don't know ANYTHING about it.  Please help!

If anyone has questions about veterans filing for Social Security disability, a good resource is Lisa Hiering.  She works with veterans who want to file SSDI.  https://www.ssdiinsidersecrets.com/

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Word of advice, us a Social Security attorney from the start. My attorney communicated that I likely would never had to go to Social Security appeals if I had not tried to do it myself first. I was on Disability from the IRS and SSDI still said no. I appealed and eventually got an oral board. So save yourself the trouble and hire the Attorney before you even do Social Security medical exams. They are worse the a C&P 

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  • Content Curator/HadIt.com Elder

@Boats 1I am fortunate enough to have not needed to apply for SSDI, but I have a question. It was mentioned that using a lawyer would result in paying them 25%. Is the percent based on the retro you might get or is that a percentage of your check going forward for a certain range or indefinitely?

I am asking because I am curious. 

Edited by Vync

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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3 hours ago, Boats 1 said:

Word of advice, us a Social Security attorney from the start. My attorney communicated that I likely would never had to go to Social Security appeals if I had not tried to do it myself first. I was on Disability from the IRS and SSDI still said no. I appealed and eventually got an oral board. So save yourself the trouble and hire the Attorney before you even do Social Security medical exams. They are worse the a C&P 

Most SSA lawyers won't even consider taking a claim until after the first denial.  

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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