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Need advice on disability
sarge_3ad
Member Posts: 8,387 ✭✭
I know that some of you have been through this and finally have been successful at getting your disability from the VA and Social Security. Got any advice? First off, a quick background. I quit working in March 2006 due to joint pain. I immediately requested a re-evaluation of my VA disability. At that time I was rated at 40%. I finally received a rating at 60%, but they denied my claim of being unable to work. This I appealed. I have the VFW's states Department Service Officer helping me with this claim. I also applied for Social Security Disability just to be recently denied. I can't work due to pain, nor could I even get a job. Does anybody have any suggestions? Do I need a lawyer? Any help will be appreciated.
Comments
Let me give you a little advice on this.
First, you talked about unempolyable. DO NOT, I repeat, DO NOT let them tag you as unemployable. 100% pays the same whether you are employable or not! So if at all possible do not let them give you that tag. Once at 100% Social security will not turn you down. But once you do get social security you will be allowed to make up to $660 per month. If you do not have a tag as unemployable from the VA you can find something part time (WALMART greeter of what ever) for something to do or extra money. I have been considering going back to driving truck 1 or 2 days a week. That was my normal line of work for 16 years and is what I did in the Army. I can still drive I just can't do my own loading or unloading.
Second, Keep putting in for re-evaluation. I was medically discharged. They started me at 10%. I put back in for re-evaluation and went to 30%. Then I waited for about a year and put in again an went to 50%. Waited another 6 months and put in again an got 70%. After another year I finally got my 100%. The VA starts you off small hopeing it will keep you quiet. Keep putting back in and they will get you there.
Third, When you put in for re-evaluation, List every little medical thing you ever had while in the service. I don't care if it was a hang nail, LIST IT! If you happen to have your military medical records use them as a referance to get everything down. And list things that the military may have left out. Alot of that stuff will recieve a 0% rateing, but believe it or not 0% by the VA's standards is still a rateing ( I have this rateing on my little finger on my right hand. I broke it over durring Desert Storm and it has never given me a problem, but I still hold a rateing for it).
Fourth, I don't know if you served in actual combat, but if you did, put in for PTSD. This is an easy rateing for a combat vet. And it is one that you will not have to work for. The VA in my experience will hand this out to about anyone who has served in actuall combat. I myself do have a rating on this as well. I admittedly do have sleeping problems and such ever since I served durring Desert Storm, but I know many that show no symptoms and hold 100% ratings for PTSD alone.
Also if you contact me directly I will point you to some great VA reps that know the system and have gotten myself and others every possible thing out of the VA. I have learned alot from these guys and actualy my last re-evaluation I did on my own to get me up to my 100%.
Like I said I currently get 100%, plus I am on SSD. I have been on both now for over 2 years (I worked for a while when I was getting 100% from the VA so I was not on SSD durring that time). I would be more than willing to help you out and point you in the right dirrection to get all that you deserve.
Narcotics worked well for me...can't find a doctor that will prescribe them now.[:D]
I changed my life style and it has helped. No more motorcycles, atvs, hunting...moved to a warmer climate.
I feel better but I ain't happy about it.
Best of luck.
A lawer won't be much help, but a congressman will. I had one do some work for me back in '94 on my VA bennies, boy did they jump when he called[:)] it'll be worth a shot for you to try it out also, espically during an election year.
I can agree with a congressman.
But still get every little thing listed too. The more you list, the harder it is to turn down.
Like I stated earlier, I don't care how small or insagnificant it may seem, list it.
My list of things that I am service conected for reads like a book. Much of these things hold a 0% rateing, but it is still rated.
Also if you add everything up on me it totals about a 155% rateing. Of course they cannot pay 155% (it would be nice if they did), so they go with 100%.
And try to stay away from that unemployable status. If they give you that tag you cannot make any extra money on the books. 100% pays the same wether you are employable or not, so I recomend to not get that tag if at all possible. You never know if later on in life you may want to get something part time for some extra cash or just for something to do.
Also remember they get their rateings from a book. Every item has what they are allowed to pay for it listed in that book. And some of those rateings in that book are pretty rediculus. If I remember right a lost arm is only worth 60% max. to give you an idea what you are up against.
I read the advice on not accepting the "unemployable" tag, but I have to disagree. I was rated 70% and was being denied social security. I had a VFW advocate representing me and I ended up getting the unemployable rating. This jumped me from the 70% to 100%, it is also a permanent rating. No more reviews and requests. This also ensured that I got my social security disability. Another fellow talked about making some money on the side with social security, but the difference between 70 and 100% is a lot of change - especially if you can't work - which I couldn't. Another surprise was the college money my children are going to receive because of my 100% and unemployable. Each child will get about $700 a month every month they're in school full time for something like 34 months. I didn't even know about this until I was rated unemployable and 100% because of it. The VFW advocate made this happen and I am grateful. As for the social security disability, keep after it. Mine took three years. The good thing was that they go back to when you first quit working and pay from that point on. Social security will deny you at least twice. Don't let your claim expire - keep after them. Get yourself a good social security lawyer. The amount they receive is set by the government and is well worth the money. Since they all get the same fee, get the best damn social security lawyer you can. Don't be afraid of the "unemployable" rating. That is what saved my bacon. My wife and I weren't making ends meet and I could NOT work. Once I got the unemployable I got the 100% and my social security disability. Think about it.
I understand your position. And I never said "DO NOT" accept unemployable status. I said to try and avoid it.
For some that is the only way. As for me I have 100% without the tag on me and I had no problem getting my social security. In fact my social security went through in less than 3 months and I was never turned down for it.
And because I do not have the tag from the VA I can still work part time as long as I do not make more than $860 per month as then I have problems with social security.
Which in alot of peoples cases (includeing mine) comes out even more of a benifit as not only do you make that money but at the end of the year most would qualify for Earned Income Credit which is even more money.
So you can see that there are benifits to not getting tagged as "UNEMPLOYABLE".
That was the point I was makeing.[:)]
My husband was hurt in 1983. He crushed his lower spine. He has had 7 surgeries on his back. He was 1st person in the US to have 2 ray cages. He kept going back to work, which held up his 100% but he had to eat somehow. In April 2004, he was no longer able to work. He filed to get 100% from VA for second time (was denied beginning of 2003) and got 100% service connected in August 2004. Also in May or June 2004, he filed for SSD. He was denied in Sept. So it isn't true that if you are 100% service connected that you will get SSD. In Nov. 2004 we hired a lawyer - No money down if they think you will win. They get their $ from SS directly. It's deducted from what you get. Anyway, we waited and waited. In Jan. 2006 we got a leter from SS saying they would send us a letter about our hearing date. In August 2006, we e-mailed our 3 congressmen here in Michigan. Dale Kildee was the most helpful and may have speeded up the process. On Dec. 23, 2006, we got his award letter. They decided the case without going to a hearing! On Feb. 1, 2007, we got his backpay and on the 2nd, we got the monthly amount minus $84 X 2 for 2 months of medicare that he didn't know he had. They deduct $84 each month for this. Also, it's true that you get paid from last day worked BUT they deduct 5 months of backpay for some stupid waiting period. So we wound up with less money than we thought. He did only get denied 1 time so it's not alawys 3 times the charm.
If you're looking for more info. on how SSD works, there is a MSN community called The Social Security Disability Coalition. There are tons of people's stories. Sometimes they get lucky. It is moderated and you have to wait to post but there is a lot of info. there. I've spent time writing posts and they weren't posted so I would recommend it for reading mostly. Go here:
http://groups.msn.com/SocialSecurityDisabilityCoalition/general.msnw
The best way to get anywhere with the VA is to find a DAV service officer. The VA won't do much to help you without one. At least that's our experience.
I hope this info. helps,
Armeda
If you were medically separated from Active Duty and they screwed you over with a 20% or lower rating.....you might be in some luck.
There currently are 4 Congressional Inquiry Board reaming the Dept of Defense on why the US Army and other military branches now have a lower annual disabled retired (US Code Title 10 Chapter 61) amount of troops than they did Pre-War....and why they are rating those military members lower than the VA Disability Tables.
Sec. of the Army Fired, Walter Reed CO Fired, Army IG to be fired next, and the UnderSecretary of Defense- Dr. Chu may be forced to step down.
There may be massive Retro-Active Military Disability Retirements for all those that have been getting screwed over the last few years.
Keep tabs on it here:
http://p203.ezboard.com/fvetbenefitsfrm46
*-R-DONE....WOW OFFERING FIRST HAND ADVISE ON HOW TO DEFRUAD THE VA AND SSD. Ya just say you have PTSD even if you don't . The VA will just give it to you. How sad.. no honor... no integrity... It should stand to reason that 100% disabled means you are to sick to work. Not that I can still work but only make $860 a month or they take my disability money away. People like you are the reason I QUIT working for the V.A.. obviously you are capable of working but would rather rape the system. Besides your $860 how much do you make off THE BOOKS(your words)? I have never posted on here before. I always just read the posts. However yours just sickened me. Now for Sarge-3ad and others needing V.A help, I advise you to see a DAV( disabled american veterens) national service officer. In the years I spent as a ratings specialist they were BY FAR the most accomplished service organization out there. They are schooled the longest and have as near a good grasp of V.A law or better then the V.A itself.
I never said anything about claiming something that you don't have!
And I have never met a Combat Veteran who did not suffer from PTSD in some form! And if a person said that they were never affected by their combat service I'll call them a damn lier to their face! Yes some are affected more than others, but no matter how little they are affected that is still a form of PTSD!
So therefore a Combat Vet applying for PTSD is not fraud!
I also know of cases where the major symptoms of PTSD did not show up for years after the Vet returned from combat as they repressed everything inside and when it did show up it was too late to help them, were if they had gotten help for the minor symptoms that were there it may have been avoided!
And if you feel that I am personaly makeing a fraudulant claim please report me! All my injuries and such are well documented (no thanks to the Army, but rather my good record keeping)!
And I do not work except for around my house, and even that is at a slow pace as I am held together with about 5lbs. of metal these days and I am not physically able to do a whole lot of physical labor or else I would be working. I can still drive a truck but there are very few jobs anymore that will allow a driver to do nothing but sit behind the wheel.
I stand behind my recomendations, and can introduce people to Veterans Service Officers who will make the same recomendations! And they were the ones who taught me these recomendations. Some of them are with the DAV, AMVETS, VFW, and the VA!