Posted on Jul 3, 2022
What can be done to reinstate a SC disability pension reduction that is in violation of many Fed Registry pension protections/5&10 yr rule?
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The compensation reduction was done although I qualified for the guaranteed pension protection and none of the protocol to do so was followed as the Registry required .
Discrimination
Disability
Pension
Legal Services
Posted >1 y ago
Responses: 4
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Not tracking on SC so it is hard to comment directly. I would start with Veterans organizations asking for guidance also finding who they recommend as a Lawyer should they not have a solution. The VA always reevaluates disability, it can go up, down, or remain the same. If you have SSD, it is not tied to VA Disability. Also, if you left a federal job you may have been, or are entitled to disability with OPM as well.
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Also had va evaluation documents submitted stating condition most likely not to improve therefore decided unemployable by VA & Social Security and unable to perform my duties by my employer, resulting in my release . Was retired disabled and rated 100% for 11 years before they reduced it to 60%. I am now 55 yrs old, was forced to leave a well paid government job with benefits, I am unable to work and in financial distress. All of which is only worsening my condition. I have a mental disability that has literally cost me everything I hold dear and I am desperate for direction. I would be ever grateful for any help one could offer.
Thanks in advance.
Semper Fi
Thanks in advance.
Semper Fi
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CPT Lawrence Cable
A couple of comments. First, you can appeal any decision either online, through a patient advocate or a Veterans Service Organization. A VSO should also be able to point you to a lawyer that deals with VA Disability.
Social Security Disability and VA Disability are not connected. You could be 100% Disabled in either system and not rate 100% in the other.
If your original rating was bumped up to 100% because of Individual Unemployability, and you have been gainfully employed during that period, the VA will/can reduce your Disability payments to the amount they gave you for the original condition. If you were classified TDIU, talk to a lawyer. I don't think that reduction is covered by the 5-10 rules, but ask a lawyer that deals with these cases.
They should not be able to change the rating if you were collecting it at the time you turned 55. Again, you may be bumping up against TDIU, so check with a lawyer
Social Security Disability and VA Disability are not connected. You could be 100% Disabled in either system and not rate 100% in the other.
If your original rating was bumped up to 100% because of Individual Unemployability, and you have been gainfully employed during that period, the VA will/can reduce your Disability payments to the amount they gave you for the original condition. If you were classified TDIU, talk to a lawyer. I don't think that reduction is covered by the 5-10 rules, but ask a lawyer that deals with these cases.
They should not be able to change the rating if you were collecting it at the time you turned 55. Again, you may be bumping up against TDIU, so check with a lawyer
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