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Ptsd And Ssdi


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19 replies to this topic

#1 Mooshi

 
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Posted 01 March 2010 - 09:50 PM

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?

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#2 runnenbare

 
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Posted 01 March 2010 - 11:21 PM

Mooshi
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.

#3 *Bergie*

 
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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?



Mooshi,
What is your SSDI award for, is it the PTSD?

#4 Mooshi

 
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Posted 02 March 2010 - 02:36 AM

Mooshi,
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.

#5 Berta

 
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Posted 02 March 2010 - 07:28 AM

I dont think you can file for SSI since you have been awarded SSDI benefits-

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)

#6 Mooshi

 
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Posted 02 March 2010 - 03:41 PM

I just got back from VA and DAV. I even had the SSDI letter which they didn't even want to look at. I was a bit confused. DAV told me since I am 30% PTSD with SC I would have to get another C and P exam to get to 70% before I could jump to 100%. What are they talking about? Very upset right now. I made a call to my local Congressman's office and they invited me to meet them tomorrow. More to follow I guess.

#7 jbasser

 
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Posted 02 March 2010 - 04:23 PM

Mooshi, your SSDI letter only will help you get 100 percent. You still have toi file for it unless your within the 1 year to appeal period and you can present the SSDI award as evidence. Ask for expiditious treatment. I had to max out a credit card in order to live during the months I waited and Paid it off with the retro.

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.

J

#8 Testvet

 
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Posted 02 March 2010 - 04:43 PM

mooshi you stated that your SSD is based on PTSD and non SC sleep apnea the VA will NOT even address your sleep apnea as a basis for TDIU and the per the rep who told you that TDIU is out until you get your PTSD rating raised to 70% the VARO and the BVA both will probably deny the TDIU SS looks at all your medical problems and decides if you are totally disabled the VA only looks at SC issues and you stated your SSD is based partly on sleep apnea that is not SC that right there is the out for the VARO to deny you TDIU get your PTSD rating increased and have the treatment notes show that you have worsened in PTSD the VA is not going to give you 100% for non service connected medical issues being mad is not going to help you calling your congressmen and senators are not going to help you need evidence to show your SC issues have worsened sleep apnea is going to be a hurdle that the VA is going to use so get the PTSD percentage increased the system works if you work with it and not against it

#9 Mooshi

 
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Posted 22 March 2010 - 08:51 PM

My case is the same as Berta's husband. I am merely trying to get information. I now have my award letter for SSD. I am still 30% SC for PTSD. What is my next step? I have already went to DAV at the local VA office and they told me I need another C and P exam and that might be another 9 to 12 months. I think this is total BS.


Mooshi

#10 Berta

 
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Posted 23 March 2010 - 07:15 AM

"I just got back from VA and DAV. I even had the SSDI letter which they didn't even want to look at. I was a bit confused. DAV told me since I am 30% PTSD with SC I would have to get another C and P exam to get to 70% before I could jump to 100%."

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.

#11 cowgirl

 
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Posted 23 March 2010 - 12:51 PM

A few thoughts, take them as you will. When I applied for SSDI the SSA clerk said office procedure was to apply for SSI first. Thought about that, only makes sense. After denial came in for SSI she processed me forward for SSDI. That worked. Approved for ssdi with SC condition rated at 60%.

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,
Cg

#12 Mooshi

 
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Posted 24 March 2010 - 12:41 AM

I already tried for the SSI and and my attorney immediately told me to drop the claim for it. The reason being was that I wasn't working and it would affect my SSD. The only thing the SSD has me for is the PTSD. Even though the VA gave me a CPAP machine for my Sleep Apnea, they said it was not service connected. Sounds dumb, but that is what happened. So my SSD is based on PTSD and NOT Sleep Apnea of any sorts. Just clarifying the information here. So, if my SSD is based solely on PTSD and so is my 30% service connected PTSD, what do I do next?


Mooshi

#13 Berta

 
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Posted 24 March 2010 - 06:38 AM

OK-I was worried that I had misunderstood your post-
"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.

#14 Mooshi

 
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Posted 24 March 2010 - 10:02 PM

I went to the VA and DAV when I got my Fully Favorable decision. It was before I got my award letter. The DAV rep would not even look at my letter and never offered me ANY form. I have no idea what TDIU is but will look into it and the form you mentioned. Thanks for all the help! More to follow.


Mooshi

#15 Pete53

 
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Posted 25 March 2010 - 02:12 AM

You need another Rep.

Can you work?

#16 Mooshi

 
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Posted 25 March 2010 - 07:48 AM

No, I cannot work at all.


Mooshi

#17 Pete53

 
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Posted 25 March 2010 - 09:11 AM

No, I cannot work at all.


Mooshi


Ask for 100% TDIU and Social Security

#18 Mooshi

 
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Posted 25 March 2010 - 08:29 PM

I went to VA today and was told since I am only 30% SC PTSD I can't even apply for TDIU since I am not at least 60%??? The lady "helping" me didn't even want to take and make a copy of my fully favorable letter or my award letter from Social Security Administration. I finally told her I wanted to submit the paperwork as evidence to try to get an increase in my rating.

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!


Mooshi

#19 chr49

 
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Posted 25 March 2010 - 11:06 PM

For those that know a lot more about this than I do...
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?

#20 Pete53

 
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Posted 26 March 2010 - 04:55 AM

The point is lost on the VA numbskull the rating of 30% needs to be looked at. Your social security award should indicate even to a moron that 30% is not enough.

Ask for a reevaluation or appeal your award if less than 1 year




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