ptsd My Ssd Case.

[spike]

filed for ssd with the same disabilities on my va claim. The atty is working on it from the start of the claim. My last day at work was March 1. With my GAF of 40 he wants to start with that. I am pending I/U. I am hoping for an increase on my PTSD claim since it was a PTSD issue in which I was medically retiring my position from the employer. It has gotten worse with all this Iraq and Iran crap on the news......I am currently 50% PTSD, 40% Lumbar Disc (Herniation in L4/L5), Bilat knees 20% each, 10 % Scars, and a few other Sc's what do you think my chances are...for ssd approval?

[Berta]

Spike makes sure the SSA knows you were granted the TDIU.

TDIU is excellent evidence for SSA and Vice versa.

[Jay Johnson]

Few things:

1) Find a "good" civilian psychiatrist and get a detailed diagnosis. Most people with PTSD have other diagnosable problems such as massive depression, generalized anxiety disorder, obsessive compulsive disorder, bipolar, etc (my wife has all those and some). The SSD folks grant disability for bipolar all the time, so it's a favorable finding and it is commonly linked to PTSD (high and lows = bipolar type 1). So, find a psychiatrist that specializes in anxiety disorders and ask him/her to evaluate you in extensive detail (I would also suggest using the civilian psych full time over ANY VA psych.....we pay for ours out of pocket).

2) As has been said, the SS people tend to go with the VA decisions, so the TDIU thing will be quite helpful. Get that to them ASAP.

3) I wouldn't go overboard on the 40 GAF thing. Although a 40 GAF is "supposed" to mean that you have severe occupational issues, it's not all that low for VA standards. Heck, they tried to lower my wife from 100% to 70% based on a admitting GAF of 10 and a current GAF of 15, which is darn near legal basis for permanent committal to an institution based on GAF criteria. My guess is that the civilian psych will give you a more favorable GAF.

4) Speaking of GAF - check your medical file and your recent paperwork from the VA hospital. The VA is "supposed" to use your admitting GAF and NOT your discharge GAF as a basis for evaluation because they are "supposed" to be evaluating you at a low point and not your best point (IE - after a lengthy hospital stay with 24 hr care and a heavy dose of meds to likely include the overkill of haldol). The VA did this to my wife in order to justify that lower rating...she was admitted with a 10 GAF, but was discharged with a 42 (and the current, as mentioned, of 15, which they ignored). So, see what that admitting GAF was and use it rather than any C&P or discharge GAF.

If you follow those things and present your case well you stand a good chance at SSD (and, perhaps, have more ammo for your next C&P).

P.S. - I'm not quite sure whether or not the SS folks use a schedule table like the VA, but I know the VA focuses very intently on those set rating's criteria. Everyone decision we've gotten from them cites the rating's criteria met, line for line. So you may want to take a look at that to properly word your case also (and to help your IMO word his/her's)

[spike]

I don't have P&T and I am wondering if the SSD will be what is needed to give to VA and stop this nonsense of future exams. I haven't heard from the SSA office in a very long time. I am having to check with the attorney. What do you guys & gals think?

[robert51]

I don't have P&T and I am wondering if the SSD will be what is needed to give to VA and stop this nonsense of future exams. I haven't heard from the SSA office in a very long time. I am having to check with the attorney. What do you guys & gals think?

i have PT and they still can and will call you in for an exam ... the letter claims its their duty to check on your status from time to time. and if they find your not as bad as you used to be they can and will lower your rating, So PT could mean dont relax the VA is still in the backround ready to step on your neck

[Ricky]

Robert is right. P&T with no future exams scheduled means just that - none scheduled. However, the VA does have the duty to keep a good eye on the taxpayer's money so they can recall to update your status. Now with their hands full that may never happen but it could.

[Jay Johnson]

The VA should not be calling any veteran in that is P&T without new and material evidence to warrant it. It says so clearly in the regs, it's been handed down that way by the BVA over and over and the VA's top brass has made it clear in senate hearings. The only reason a P&T vet should be called in is if there is some reason to do so.

If they do so, you need to fight it and get a senator involved...not only is it the regulation, but it's just common sense; if the medical evidence says that you are permanently disabled that doesn't mean you are permanently disabled but may get better. It means PERMANENT! Don't let them fool you with this nonsense...if they send you for a C&P for a P&T condition CUE it immediately and send them the reg saying they can't....if need be I'll dig up the senate notes in which several top VA folks said no future exams for P&T vets....this is a clear black and white issue!