Posted on Mar 23, 2014
LTC David B.
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Given the formula the VA uses, it's VERY difficult to hit 95% or higher (what it takes to get 100%) disability. But all this gets you is now the SSA will "fast track" a request for benefits.....which was only implemented this month! The VA takes great pains to come to their decision; multiple doctors, specialists, etc. Then the SSA turns around and does the same thing! Shouldn't the VA's decision carry more weight?
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Sgt Lori Roberts
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Please support HR 3499 which is a bill to tie VA 100% to an automatic approval of Social Security Disability benefits.
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SFC Dr. Joseph Finck, BS, MA, DSS
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LTC David B.

Sir, in my humble opinion, if you rate a disability and cannot work due to these disabilities which occurred while in service of our country, SSA should accept that, provide benefits, and expedite benefit payment.

As many have pointed out, serving is writing a blank check and you never know when or if that check will be cashed. If it is, so may we well be.

The burden of proof is, as is well established by SFC Dan Sorrow, M.S. in his post different between the VA and SSA; however, perhaps legislation should be changed to allow for SSA benefits to be more easily attained by disabled Veterans. The more help which is available the more tragedy's we avoid.

Thank you for this interesting and thought provoking question,

SFC Joseph M. Finck USA (Ret)
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CWO3 Retired
CWO3 (Join to see)
>1 y
Yes,
There is a major problem with SSD & SSD, but when you're dealing with two different government agencies with different regulations and laws, there's always going to be a misunderstanding with SSD and VA. The difference is that the VA compensates veterans with disabilities due to their military service because the statutory laws of 38 U.S.C. states that veterans will be compensated from 10% to 100% because they can't gain substantial gainful employment opportunities due to their disabilities. The SSA/SSD doesn't say substantial gainful employment, just any employment and you meet their stringent criteria on what disabilities the SSA/SSD considers total and permanent at least 6 months or a disability that is Terminal in nature. What I'm trying to convey to you is that if you had an SSD attorney to represent you, than you would have a better chance of winning your claim. S/F, James
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SSG Antoinette Segar
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SSG Antoinette Segar
SSG Antoinette Segar
9 y
SSG Stanford, I've been denied 4 times with 100% P+T. ALJ ruled the same - if I can go to church, socialize with my family and due to obesity I am not disabled. Furthermore, ALJ showed no empathy to understanding why I have PTSD & each decisions stated my disabilities are severe but not enough for approval.

I don't understand, we paid into our SS whereas those who received SSDI without paying into SS get approved in one shot.

SSA rules, regulations and proceedings are merely against disabled Veterans and need to change.
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CPT Freelance Writer
CPT (Join to see)
8 y
SSG Antoinette Segar - a person that has not paid into the system can't apply for ssdi. The benefit they can apply for is SSI. However, I do agree in that we as citizens that have paid into the system should be helped in one way or another.
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CWO3 Retired
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LTC David B.' No Sir they may look at your VA disabilities and make note of them but the SSD has different rules and regulations then the VA. But if you feel that you may qualify for SSD, then apply on line. Please read their regulations on their requirements for SSD. I have had veterans with 50% service connected disabilities and was granted by SSD because they met certain requirements of their laws, but the veteran was still fighting to get his disabilities increased with no luck. He did appeal though with the VA. James K.
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SPC Judy Glore-Calloway
SPC Judy Glore-Calloway
>1 y
You are correct. I'm a Veteran who after Many, Many years got 100% When I applied for SSA, I was denied. I retained a lawyer that works cases like this for Veterans l!! I received a call from her stating that my SS Income has been Approved.
I tell Veterans don't give up it took me quite a long time with the V.A. to get even a percentage.
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Should 100% permanent & total VA disability satisfy the requirements for Social Security disability?
SFC Dan Sorrow, M.S.
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I'm retired from the Army and work for SSA at the hearing level (first level a decision is rendered by and Administrative Law Judge or ALJ). &nbsp;I'm also a disabled veteran and can an objective opinion on the matter. &nbsp;VA disability is similar to Workers Compensation in that we're awarded a percentage of disability based upon select criteria and how a certain body system is impacted of effected by the injury or impairment.&nbsp;<div><br></div><div>Social Security disability is all or nothing. You can either perform work at certain exertion levels or not. The only percentage we deal with is 100% and the claimants subjective symptoms have to be based supported by objective evidence. ...And that's usually where the problem lies.</div><div><br></div><div>I've written several claims decisions for veterans who allege they're disabled; however, they report activities of daily living and other relevant factors to their doctors and nurses that does not support their alleged level of disability...even at 100% from time to time. The VA doesn't rely as much upon credibility assessments in making their determinations as SSA does in making disability decisions. &nbsp;</div><div><br></div><div>Hope this helps!</div>
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SFC Dan Sorrow, M.S.
SFC Dan Sorrow, M.S.
>1 y
SFC (Join to see) - Good morning! The initial and reconsideration levels are adjudicated by State agency medical and psychological consultants (M.D., Psy.D, and Ph.D) typically. They base their determinations in the Social Security Act or Law and the evidence provided either by you or or representative. What can happen with those of us who are disabled veterans is we'll send our VA disability determination letter or the actual decision and believe that's all it takes. But, unfortunately, it takes more than that. Usually, the VA decision will say what evidence was considered in making their findings, but they don't attach it. You have to know that the SSA isn't bound by the findings of other State or Federal agencies. Their entirely different laws. Check the letters sent to you by SSA to see what evidence they used to make the initial level decision. If there is more evidence, make sure you complete the record and provide whatever is missing.

Also, make sure your statements are factual and consistent. For example, "I'm disabled but I want to go to college so I can work to some degree" can appear as inconsistent to the SSA. in one hand, I can't perform any work in the national economy at substantial gainful levels on a consistent basis (a basic or generalized definition of disability per SSA) versus a statement stating I want to go to college and work. Do you see what I mean?
I hope this helps! Best of luck, my friend.
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SFC Dan Sorrow, M.S.
SFC Dan Sorrow, M.S.
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As usual, I need to add a disclaimer that my opinion in these matters is a personal one rather than that of my employer. If you have a representative, always defer to their advise. I'm only here to offer suggestions based on my interpretation. Again, opinions are my own.
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CPO Larry Stidd
CPO Larry Stidd
>1 y
I get it, they are two different systems in a broken bureaucracy. If the VA rates you " total and permanent" then you are not penalized by IRS for early withdrawal from IRAs or 401Ks, the Department of Education will "forgive" student loans (careful with this one, you have to claim it as income and pay taxes on it), the Department of Transportation in many states will waive licence fees, many states provide discount to property taxes.... the list goes on but, the SSA ignores the VA findings. There is a bill in congress to rectify but since congress moves as slow as pond water in February.... it may never happen but there should be some equity.

The fast track was great, 2 weeks from application to denial.... they did not even pull my health records from VA. I asked if they wanted my copy, no, they had me fill out paperwork to pull but, after denial letter, I got letter from local office saying VA had not yet supplied records..... Id say that was really not a good way to review the health of anyone. But hey, my Lawyer said that 90% get denied in first application....id say system is broke.
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SFC Dan Sorrow, M.S.
SFC Dan Sorrow, M.S.
>1 y
I think some lawyers want you to get denied at the initial and reconsideration levels. As the claim lingers on, the backpay accunulates. This results in them obtaining a higher fee (the lesser of 25% or $6,000). You may find some attorneys or representatives who will work SSA DIB cases for veterans for free and are paid by 3rd party agencies.
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SSgt Ursa Worlds
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Why yes!! I have not been able to hold a job because of PTSD. I have tried and have multiple jobs to show for it. I put into Social Security and was recently evaluated 100% disabled by the VA. However, I was denied MY SSDI. They said I could work. But I cannot HOLD a job. The Social Security Administration can give benefits to illegals but not veterans, what a bunch of crap!!
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SFC Mark Merino
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I drew SSDI when I was still at 90% LTC David B..
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PFC Zanie Young
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Colonel, I got a 100% rating while I was receiving Social Security disability! If it worked for me (it took me only 2 years), then you should have not have as many problems. If you do, then appeal until you get 100%.
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LTC David B.
LTC David B.
11 y
I'm on my third appeal now; first one in front of a judge. I didn't secure a lawyer until I had received my first denial. Hindsight, I should've IMMEDIATELY gotten a lawyer....for the initial claim! So that's my advice to ANYONE who wants to file a claim; get a lawyer! Most will take their cut of any back pay but read the fine print in case things don't work out, so be careful.....but at least get an initial consultation.
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PFC Zanie Young
PFC Zanie Young
11 y
That is a good idea, sir! Also, don't forget your handbook too. There are plenty of loopholes you can show those judges!
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SGT Adlee Spratley
SGT Adlee Spratley
11 y
That's what I said LTC David, I should have gotten a lawyer first! But everything happens for a reason.
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PO3 Doc Stephens
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Yes. No more of this separate standards, different part of government requirements bs and crap that's been going on this whole time. Even with now being 100% P&T, taking the Va to finally get that decision in nearly 7 years post EAS and initial start to the claims process. I should have been retired, but the Navy sought otherwise.

Hell, I was in a coma for 48 days. Died multiple times all in part primarily/secondary to a car wreck I was a passenger in. Severe traumatic brain injury, Almost complete retrograde amnesia, Not remembering my childhood. Bi-lateral Tension-Hemo-Pneumothorax. On a respirator and not only 5, but 6 chest tubes in place. Eviscerated intestines. Initially weighting in at 265 lbs prior to the wreck, and soon after, once discharged from the hospital only weight in at 115 lbs. I suspect due to my metabolism having had changed or been altered throughout the time in a coma. Even with the stomach tube providing the little nutrition I had been given. While all this going on, due to the massive fluid retention. As described into the "3rd wall space" through out the tissues in my body. Everything swollen and stretched out. Even having similar stretch marks to when a woman has given birth to a child. Not to mention the residual affects/effects of this multi-system trauma. Now cognitive difficulties, inability to fully gather thoughts before speaking. Often times having had inappropriate outburst. Anger management and later substance abuse.

Regardless of 3rd generations of alcoholism and having been advised by the physicians not to. Still having had consumed alcohol to cope with having lost my friend and being the sole survivor. Wasn't until recently that I have given myself the chance to sober up and refocus again on life and its much greater importance.

Even after having been placed on limited duty, and medboarded. Only required to pass a neuropsych test, placed back to "Fit for full duty". Reassigned back to 2nd Marine Division and volunteered for another tour/deployment back to Iraq. Thankfully nothing had happened during that time. Heaven forbid there was always a constant threat of IED's having been assigned to a convoy security element. I'm very thankful that nothing bad had happened. For I fear that due to my Inability to think quick enough, act quick enough, Or even get there quick enough. If something had happened, I wouldn't have been able to do anything right to have helped saved anyone.

Suffering severe depression, contributed mainly from the brain injury. Having had lossed my friend, and later having had divorced my wife. Not having had the drive or motivation to be an FMF Corpsman anymore. I had chosen not to reenlist. Even after all this, having been told that I could reenlist. I couldn't even pass the Navy PRT- Physical Readiness Test. How was I expected to properly do my job?

Now having- COPD, Early stages of emphysema, Epilepsy-(Full Tonic Colonic Seizures), Severe-TBI, both knees completely fubar, mid-thorasic/Lumbar strain, 5 complete hernias, multiple defects in the abdominal wall, left hip strain, Right shoulder strain, Having been required to get a Bankartd surgical repair, torn rotator cuff, instability in shoulder, 2 bulging disks in lower lumbar, Erectile Difficulties, at least once every other week UTI/Bladder infections, kidney stones, Oh and PTSD because the VA is too lazy to actually find most if not all is due to the brain injury and not from combat. Even with both exhibiting similar symptoms.

Submitted and having been denied, 10 times now for SSDI. Even with the last attempt made with the assistance of a law firm. It frustrates me every time that I hear when some kid. Kid being someone of no life experience at all. Ends up doing meth and or heroin for too long and fries their brains out, Gets approved right away. Yet myself having been a combat veteran. After all this crap ive gone through. Wasn't enough and strung along getting denied simply because a paper filled out wrong. Or not applicable, or whatever else sort of lame ass excuse was used for my denials.

One more time, one last time ill submit everything yet again. Afterwards, all hope will have been lost forever. I just don't understand anymore...


HM3(FMF) Stephens, C.R.
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CPO Richard Ullom MSITM, CISM, CERP, HISP
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Short answer is yes!
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SSgt Ursa Worlds
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100% disabled but was denied SSDI. I put into Social Security but can't get my own money!!
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SPC Judy Glore-Calloway
SPC Judy Glore-Calloway
>1 y
I would recommend obtaining a lawyer that's works these types of cases. After I did, because I first was denied. A few months a get call from my lawyer. Finally I'll be getting it. Don't give up!! Took me awhile but hopefully it will work out for you to by hiring a lawyer.
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