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Ptsd And Ssdi
Posted 01 March 2010 - 09:50 PM
Posted 01 March 2010 - 11:21 PM
You can not get ssdi and ssi. ssdi is total disability, ssi is a supplament for ss retirement when that check is below poverty level. if ssdi is based on your service connection disability than it could help.
Posted 02 March 2010 - 12:26 AM
I have a question on this combination. I am 30% disabled for PTSD and just recently got my Fully Favorable letter for SSDI after the third try. Since my VA paperwork means nothing to the SSA, does my SSDI letter mean anything to the VA? I am basically asking if I can now raise my 30% rating for PTSD now that I got a Fully Favorable letter from the SSA. Also am I eligible for anything else? Do I also file for SSI while I am waiting the 30 to 60 days for my pay rate for SSDI or what do I do?
What is your SSDI award for, is it the PTSD?
Posted 02 March 2010 - 02:36 AM
What is your SSDI award for, is it the PTSD?
Yes. It is for PTSD, major depressive disorder(same as PTSD?), and non service connected Sleep Apnea.
Posted 02 March 2010 - 07:28 AM
because the retro SSA disability check would limit you for SSI for that retro period-anyhow
"does my SSDI letter mean anything to the VA? I am basically asking if I can now raise my 30% rating for PTSD"
Yes if they awarded solely for the SC PTSD.
Same as my husband-30% SC, then award from SSA solely for PTSD , then 100% SC P & T for PTSD from VA.
Everytime I post this as personal example- I forget and have to add-
I do not recall anywhere that the VA used his PTSD award from SSA.They didnt even attempt to get those records until we took action on that.
The SSA award he got was based solely on VA medical records.
When the VA continually ignored some extensive psychiatric tests he had done , I told his shrink and the shrink wrote a letter to the VA mentioning he had received SSA for PTSD and the shrink gave me copies of the psychiatric records the VA had not considered to send to them.The 100% SC PTSD was a posthumpous award.
Make sure that the VA does obtain those SSA records (even if they are all VA records)
as the SSA determination is in essense an independent medical opinion that they must consider.
(Washington V Derwinski)
Posted 02 March 2010 - 03:41 PM
Posted 02 March 2010 - 04:23 PM
Bottom line is the VA will get ir right but they will take their time in doing so. It is a system wide problem.
Hang in there.
Posted 02 March 2010 - 04:43 PM
Posted 22 March 2010 - 08:51 PM
Posted 23 March 2010 - 07:15 AM
Technically that is correct.
"My case is the same as Berta's husband."
But my husband got SSA solely for PTSD.
In past posts here I might have confused this issue.He had been given SSA originally for a Sec 1151 stroke but we challenged that.I found that SSA had broken one of their own regulations and we filed for reconsideration.SSA then changed the award and gave more favorable EED as the evidence for total disabling PTSD prior to the stroke made the other award a moot issue.
So his standing legal SSA award was for PTSD only.
BTW-even though he died during process of his claim for higher rating of the 30% SC that VA gave him for PTSD-he got a "C * P" exam too that resulting in a 100% SC P & T rating for PTSD posthumously.
Actually he got about 4 or 5 "C & P" exams after he died.
Basically the VA did so called medical reviews of the evidence they had and the vet could not be present due to his death.
On the SSA- my husband's medical records from various VAs since his diagnosis of PTSD,as well as considerable evidence I submitted from the Dept of Labor and even an EEOC case he had filed against VA all become significant to the SSA award for PTSD.
This was evidence that VA had ignored or disregarded.
SSA also obtained his VA psychiatric test results, Combat related MMPI, Weschler, Hand , and three other types of psychological tests, as well as his medical hypnosis records.
His VA shrink had written up these test results as indicating catastrophic levels of PTSD hindering substantial employment.
This was part of the last C & P in his lifetime as the VA had to separate the organic brain damage he had from strokes from his PTSD.
Of course the VA ignored all of these critical medical records for years but could not withhold them from the SSA.
I think I incorrectly focused here on your first post
"have a question on this combination. I am 30% disabled for PTSD and just recently got my Fully Favorable letter for SSDI after the third try. Since my VA paperwork means nothing to the SSA, does my SSDI letter mean anything to the VA? I am basically asking if I can now raise my 30% rating for PTSD now that I got a Fully Favorable letter from the SSA. Also am I eligible for anything else? Do I also file for SSI while I am waiting the 30 to 60 days for my pay rate for SSDI or what do I do?"
and I must have assumed the SSA was solely for PTSD and I apologise for that.
The sleep apnea- have you filed for that as secondary to the PTSD? Has any doctor suggested that this is it's cause? or are there other factors causng it?
VA will probably get the SSA records. They could reveal that SSA determined your level of PTSD would warrant a higher rating from the VA.
If you can get your sleep apnea service connected to your PTSD then your SSA award would have more probative value with the VA.
Posted 23 March 2010 - 12:51 PM
With the VA, its timing, regulations and medical proof. So if you file for increase, do it soon, think 'compensation for the average impairment in earnings capacity resulting from the disability' my paraprhase from 38 CFR 4.1, Essentials of evaluative rating. Meaning, I think, ratings are measure of income lost or displaced.
Note, if you have any other confirmed or unconfirmed but suspected health conditions that result of ptsd, add those specifically as well.
If you have urgent needs, unable to work or get income, ask for swift consideration (or ask you DAV vso the correct wording that works best). If you aren't working, don't have income, thats urgent, isn't it?
Best to ya,
Posted 24 March 2010 - 12:41 AM
Posted 24 March 2010 - 06:38 AM
"So, if my SSD is based solely on PTSD and so is my 30% service connected PTSD, what do I do next?"
File for TDIU and wait for them to address that claim.
My husband got the same crap from the DAV years ago. The day he got the SSA award solely for PTSD,I called his DAV rep and the rep acted like the award would not matter to his claim.
An SSA award is actually an independent medical opinion and it should be addressed by the VA as highly probative medical evidence. (Washington V Derwinski)
Have you formally applied for TDIU yet with the 21-8940 form?
The DAV should have given you this form as soon as they learned you are getting SSA solely for the PTSD.
Posted 24 March 2010 - 10:02 PM
Posted 25 March 2010 - 09:11 AM
No, I cannot work at all.
Ask for 100% TDIU and Social Security
Posted 25 March 2010 - 08:29 PM
What the heck is going on there in VA? I am getting more and more frustrated every time I go there. I feel like every time I go to VA the people with the cushy jobs could give a crap about the rest of us. No wonder a lot of people just give up. I love how we got used for our service and then just tossed to the side when they are done with us. I feel like an NFL player that never made the monster salary but got used for all the work!
Posted 25 March 2010 - 11:06 PM
Since Mooshi's at 30% and doesn't seem to be getting anywhere, could he ask for a PTSD rating increase based on his SSDI determination and the exams they did?
Posted 26 March 2010 - 04:55 AM
Ask for a reevaluation or appeal your award if less than 1 year