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#1 vet2010

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Posted 16 September 2011 - 03:02 PM

I really need some advice. I am presently 100% Sc and I haven't worked in over a year, I filed for SSD and I have been denied twice and the next step is with the Judge. I spoke with my Lawyer and she estimated we will not see the judge for 12-18 months. I am retired Military and I currently bring in a significant amount of money every month from the VA and my retirement check. With all that being said, I still don't make enough to cover my bills and I need to get money quick, fast, and in a hurry. My home is almost in foreclosure and my vehicle payments are behind several months, I need to know what to do? I was offered a Job overseas (contract x1 year) and if I take this job I can pay off every bill and then some, I spoke to my lawyer and she stated if I take the job my SSD claim will be canceled. I know I can take this job and do it well but I am worried about my Benefits being cut and or reduced. Please help and what should I do?


vet2010



#2 carlie

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Posted 16 September 2011 - 03:16 PM

I really need some advice. I am presently 100% Sc and I haven't worked in over a year, I filed for SSD and I have been denied twice and the next step is with the Judge. I spoke with my Lawyer and she estimated we will not see the judge for 12-18 months. I am retired Military and I currently bring in a significant amount of money every month from the VA and my retirement check. With all that being said, I still don't make enough to cover my bills and I need to get money quick, fast, and in a hurry. My home is almost in foreclosure and my vehicle payments are behind several months, I need to know what to do? I was offered a Job overseas (contract x1 year) and if I take this job I can pay off every bill and then some, I spoke to my lawyer and she stated if I take the job my SSD claim will be canceled. I know I can take this job and do it well but I am worried about my Benefits being cut and or reduced. Please help and what should I do?


vet2010


If your 100% SC is not based on MH alone and you are not being comped at 100% due to IU,
then you can have substantial gainful employment.
Now if you get more than about 50 % for MH, employment may result in a reduction
down the road.
JMHO

#3 Interested

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Posted 16 September 2011 - 03:20 PM

Unless your 100% is from Total Disability Because of Individual Unemployability (TDIU), I cannot see any way that your monetary benefits would be cut.

If your statement I know I can take this job and do it well is accurate, why are you applying for Social Security Disability Insurance (SSDI) benefits? SSDI is for those who can't work because of disability, not for those who choose not to work.

You probably already know there may be some Federal (and likely state) income tax benefits when you work outside the US if you meet certain criteria. If you do take the overseas job, become familiar with IRS Pub 54 http://www.irs.gov/pub/irs-pdf/p54.pdf , Tax Guide For US Citizens and Resident Aliens Abroad. The 2011 tax year publication has not yet been released, but the previous link's information is pretty much correct.

I really need some advice. I am presently 100% Sc and I haven't worked in over a year, I filed for SSD and I have been denied twice and the next step is with the Judge. I spoke with my Lawyer and she estimated we will not see the judge for 12-18 months. I am retired Military and I currently bring in a significant amount of money every month from the VA and my retirement check. With all that being said, I still don't make enough to cover my bills and I need to get money quick, fast, and in a hurry. My home is almost in foreclosure and my vehicle payments are behind several months, I need to know what to do? I was offered a Job overseas (contract x1 year) and if I take this job I can pay off every bill and then some, I spoke to my lawyer and she stated if I take the job my SSD claim will be canceled. I know I can take this job and do it well but I am worried about my Benefits being cut and or reduced. Please help and what should I do?


vet2010



Edited by Interested, 16 September 2011 - 03:44 PM.


#4 Pete53

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Posted 16 September 2011 - 05:25 PM

Its a hard choice but if you can work why not. You will keep your military retirement and it will be a while before VA reduces your 100% if they plan to do so.If you start working SSD is out the window.

Good luck and it may be that you really can't work you will find out if you take the job.

#5 vet2010

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Posted 16 September 2011 - 05:54 PM

I am 50% for Depression and Anxiety, as for your response "SSDI is for those who can't work because of disability, not for those who choose not to work", you're ecactly right. Lets look at this for a moment, I am broke, desperate, and 5 kids, what should I do for money, wait for SSD or take a chance and make money for my kids education. I beleive 99% of the stories on this site is about how VA has screwed, will screw, and or continue to screw vets, I guess my story threw up a red flag. I can do the job because for the last 10 years in the military that's all I did, from my understanding many people go to work everyday that are depressed and taking meds and they are doing a heck of a job, take the meds away and let us wait and see what will happen. I guess several outcomes could happen, one, we could all get along, two, suicide rate would go up, and or three murder rate would increase, please take your pick. what ever the case may be, family comes first, if you don't agree with that, I am sorry. There is such a thing called in the now, what do I mean, I need money now, I need a roof over my head now, I need a car now, I need MH meds now, I need cancer treatment now, I need glasses now, I need my weekly A.A. mtng now, and I need to talk to someone now. I could be wrong but I really don't think so. Yall have a nice day, VET2010 signing off for the last time..........

suggestion, when you are going to leave a soldier in the FOX Hole alone, tell him straight-up, don't be a friend and in the end you are no where to be found....



vet2010


#6 pete992

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Posted 16 September 2011 - 07:27 PM

Vet 2010, have you applied for P & T? P & T means Permanent and Total disability with VA, this would be chapter 35 and it would pay for your kids college. Since you are rated 100%, VA gives veterans glasses plus any other treatment you may need. You need to talk to your primary care doctor or any specialist that is treating you. P & T would also give you dependent health care through CHAMPVA. I am not sure where you are in the system and what you need but things take time. I understand the hardship but with the back logs of veterans benefits and social security benefits nothing will happen over night. You may have to cut back some until your finances change. You are rated 100% and that means that your condition could get better but most likely your conditions will get worst before they get better so don't jump into any. Yes family comes first but you have to be around to take care of your family because VA will not. What are your service connected ratings if you do not mind me asking. Also SSA may be able to help while your claim is pending.

#7 carlie

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Posted 17 September 2011 - 11:11 AM

I am 50% for Depression and Anxiety, as for your response "SSDI is for those who can't work because of disability, not for those who choose not to work", you're ecactly right. Lets look at this for a moment, I am broke, desperate, and 5 kids, what should I do for money, wait for SSD or take a chance and make money for my kids education. I beleive 99% of the stories on this site is about how VA has screwed, will screw, and or continue to screw vets, I guess my story threw up a red flag. I can do the job because for the last 10 years in the military that's all I did, from my understanding many people go to work everyday that are depressed and taking meds and they are doing a heck of a job, take the meds away and let us wait and see what will happen. I guess several outcomes could happen, one, we could all get along, two, suicide rate would go up, and or three murder rate would increase, please take your pick. what ever the case may be, family comes first, if you don't agree with that, I am sorry.
There is such a thing called in the now, what do I mean, I need money now, I need a roof over my head now, I need a car now, I need MH meds now, I need cancer treatment now, I need glasses now, I need my weekly A.A. mtng now, and I need to talk to someone now. I could be wrong but I really don't think so. Yall have a nice day, VET2010 signing off for the last time..........

suggestion, when you are going to leave a soldier in the FOX Hole alone, tell him straight-up, don't be a friend and in the end you are no where to be found....
vet2010


vet2010,
Pete992 just provided answers for several things.
Also, it's already been posted that as long as your VA comp isn't 100% for MH alone
and your not being comp'd at 100% due to IU - then yes - you can work - but if you do work,
down the road your MH percentage level MIGHT get proposed to be reduced.
Don't fly on down the road due to that one comment - that was only made by A member,
hadit.com WON'T leave you "in the FOX Hole alone".

#8 cojolio

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Posted 21 September 2011 - 05:09 PM

If your 100% SC is not based on MH alone and you are not being comped at 100% due to IU,
then you can have substantial gainful employment.
Now if you get more than about 50 % for MH, employment may result in a reduction
down the road.
JMHO


Carilie;

I just got rated 70% for PTSD a few months ago. I have never denied it to the doctors, or in the C&P that I am employed full time...so they might reduce my benefits when I get re-examined? That would suck :-/...I see it as being counter productive ...is like the VA is either promoting not working (and just claiming 100%) or punishing you for staying employed. LIke I said before, going to work keeps my mind off stuff I rather not think/talk about and gets me out of my room...(although I barely talk to anyone at work and just stay to myself). This post just caught my attention...

Edited by cojolio, 21 September 2011 - 05:11 PM.


#9 cooter

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Posted 21 September 2011 - 11:50 PM


cojo, It's perfectly normal to feel paranoia, especially dealing with the va. The only reason va would either decrease or even take a rating away, would be 1) They considered the disability has gotten better, or, 2) the claim was fraudulently submitted.
In regard to the 0% hearing loss, (from a different thread you posted on) file the NOD along with the new evidence. Hearing loss does not and will not get better, so again, file the NOD. There has been a lot of members here that filed NOD's for lowballed rating's, either because the criteria proves higher rating's or they should of been rated 100%, either by schedual, or TDIU.
If you feel you deserve a higher rating and have the evidence, and then don't file, in sense, your giving up. That's what the va want's you to do! If you feel in your heart that you only want what is deservedly and justifiably earned, then the only way to be compensated, is to file a claim, and/or NOD.

I apologize for not answering the other posts you made today, I figured I would just include the others in this one post.
Now, re: your claim for the PTSD. Without knowing what the "Reasons and Bases" quoted in your award letter, I'm going to take a guess and say it could be the reason they awarded 70% is because you are working. Again I'm just guessing, that they might of considered rating you at 100% schedular if you were not working. Since i have no idea what criteria the rater based this claim on, I couldn't give you an honest answer, but if you can scan the "Reasons and Bases" section of the award letter and post it here, maybe we could have a better understanding what is actually happening. Maybe there are other members here that is/was in your situation that will chime in and perhaps gives us an answer.




Coot


#10 cojolio

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Posted 22 September 2011 - 12:49 AM

Cooter, Thanks for replying to my post!

The reason I got 70% PTSD is because In the C&P the doctor "stated that you do not have total occupacional and social impartment".... Then at the bottom it says "A higher evaluation of 100 percent is not warranted unless there is total occupacional and social impairtment due to such symptoms as : ..then list my symptoms".... Thats probably because I a working and I see my brother once a month...I am happy with the 70% rating, especially since I see that people on here get denied and they have been to combat and everything!...crazyness...

Regarding my 0% hearing claim NOD...I'm prepairing a claim for nerve damage...can I file both the NOD and the new claim? will it slow any of them down etc.... I have read that in your claim is being process and you file a new claim, it will delay the one being process by sending it back to development phase.....is that my case here...me wanting to file a NOD and open a new claim for nerve damage as a secondary condition?

Thanks in advance...





cojo, It's perfectly normal to feel paranoia, especially dealing with the va. The only reason va would either decrease or even take a rating away, would be 1) They considered the disability has gotten better, or, 2) the claim was fraudulently submitted.
In regard to the 0% hearing loss, (from a different thread you posted on) file the NOD along with the new evidence. Hearing loss does not and will not get better, so again, file the NOD. There has been a lot of members here that filed NOD's for lowballed rating's, either because the criteria proves higher rating's or they should of been rated 100%, either by schedual, or TDIU.
If you feel you deserve a higher rating and have the evidence, and then don't file, in sense, your giving up. That's what the va want's you to do! If you feel in your heart that you only want what is deservedly and justifiably earned, then the only way to be compensated, is to file a claim, and/or NOD.

I apologize for not answering the other posts you made today, I figured I would just include the others in this one post.
Now, re: your claim for the PTSD. Without knowing what the "Reasons and Bases" quoted in your award letter, I'm going to take a guess and say it could be the reason they awarded 70% is because you are working. Again I'm just guessing, that they might of considered rating you at 100% schedular if you were not working. Since i have no idea what criteria the rater based this claim on, I couldn't give you an honest answer, but if you can scan the "Reasons and Bases" section of the award letter and post it here, maybe we could have a better understanding what is actually happening. Maybe there are other members here that is/was in your situation that will chime in and perhaps gives us an answer.




Coot



#11 Philip Rogers

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Posted 22 September 2011 - 06:00 AM

cojolio - I personally wouldn't worry about a future reduction and would continue to work as long as you can. Like you said it certainly is a distraction and has a positive effect on you personally and on your life. You can be rated 70% for PTSD and continue to work, but I believe it is rare. I think carlie was just letting you know what "could" happen . . . maybe. jmo

pr



Carilie;

I just got rated 70% for PTSD a few months ago. I have never denied it to the doctors, or in the C&P that I am employed full time...so they might reduce my benefits when I get re-examined? That would suck :-/...I see it as being counter productive ...is like the VA is either promoting not working (and just claiming 100%) or punishing you for staying employed. LIke I said before, going to work keeps my mind off stuff I rather not think/talk about and gets me out of my room...(although I barely talk to anyone at work and just stay to myself). This post just caught my attention...



#12 cojolio

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Posted 22 September 2011 - 08:16 AM

PR, thank you. Just a little "paranoid" about the VA after reading other people's post on the forum....

cojolio - I personally wouldn't worry about a future reduction and would continue to work as long as you can. Like you said it certainly is a distraction and has a positive effect on you personally and on your life. You can be rated 70% for PTSD and continue to work, but I believe it is rare. I think carlie was just letting you know what "could" happen . . . maybe. jmo

pr






#13 cooter

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Posted 22 September 2011 - 08:28 AM

JMO...If you have a claim that's already being processed in the system, and also depending where it's currently at in the process, that would be a judgment call whether or not you want to slow the progress down by filing other claims. The reason is, they will pull your c:file from the stack where it's currently at, and alot of cases it usually returns and placed in the bottom of the stack. Just remember, you have 1 year from the date on your Award letter to file the NOD!!!!

If you don't have a claim already in existence, or even if you do but it hasn't been in that long to where it's about to be rated, I would go ahead and file both claims at the same time.




Coot



#14 cojolio

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Posted 22 September 2011 - 08:43 AM

Thanks Cooter!

No, I dont have a claim in the system except the hearing claim that was decided on 9/16/2011. So I guess I will just submit both, the NOD and a new claim for nerve damage..since mine is going to the bottom of the pile anyways for the new claim

JMO...If you have a claim that's already being processed in the system, and also depending where it's currently at in the process, that would be a judgment call whether or not you want to slow the progress down by filing other claims. The reason is, they will pull your c:file from the stack where it's currently at, and alot of cases it usually returns and placed in the bottom of the stack. Just remember, you have 1 year from the date on your Award letter to file the NOD!!!!

If you don't have a claim already in existence, or even if you do but it hasn't been in that long to where it's about to be rated, I would go ahead and file both claims at the same time.




Coot




#15 carlie

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Posted 22 September 2011 - 10:19 AM

vet2010,
I'm sorry your topic has gotten trampled on.