Disability
Disability
Posted on Feb 23, 2024
What are your experiences getting granted SSDI based off VA ratings ?
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I just received my 2nd denial and I am about to surrender. I was previously told at my rating it was all but a slam dunk.
ie: 70% PTSD, 40.% Lumbar, 40% Sciatica, 10% Tinnitus. Which 70+40+40+10 = 90..
Oh that reminds me I need to file that law suit against my hometown public school system.
Incompetent bastards taught me that
70+40+40+10=160.. When I explain to the jury that it really only = 90 I should win that law suit easily shouldn’t I ?
ie: 70% PTSD, 40.% Lumbar, 40% Sciatica, 10% Tinnitus. Which 70+40+40+10 = 90..
Oh that reminds me I need to file that law suit against my hometown public school system.
Incompetent bastards taught me that
70+40+40+10=160.. When I explain to the jury that it really only = 90 I should win that law suit easily shouldn’t I ?
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Disability
Disability
Posted 2 mo ago
Responses: 9
I’m not sure who told you it was a slam dunk, but they were wrong. Just like disability when looked at by the military and the VA are different, having a disability rating from the VA is very different from being deemed “fully disabled” by the Social Security Administration because their programs, processes, and criteria for receiving benefits are different.
Approximately 650k disabled veterans are receiving SSDI (i.e., drawing SSDI because they are disabled and younger than their full retirement age (FRA)), and this is about half of the population of veterans that are 100% P&T and under their FRA (let alone the almost 2.5 million veterans that have a 60%+ rating from the VA).
For the SSA, it’s all or nothing – there isn’t a ‘partially disabled’ category. You either can or you cannot work at a “substantial gainful activity” (SGA)*.
For SSDI, the claimant needs to show two things:
● Evidence of a physical or mental health condition, which results in functional impairments that limit their ability to work at a SGA.
● That the disabling condition has lasted or is expected to last, for 12 months or end in death.
Specific to your situation, the very first thing you should do is retain a Social Security disability lawyer, especially since you said you’re at the point of throwing in the towel. A SS lawyer is limited by law to 25% of the past-due benefits, up to a max (for 2024) of $7,200 (you would have to be owed $28,800+ in past-due benefits to reach that cap) up through a hearing by an administrative judge. If you win your appeal, then their fee is taken out of your past-due benefits. If you don’t, then the most you’ll pay is some ‘excessive admin fees’ (in most cases, it amounts to less than $100)*.
Bottom line: Even if you were 100% P&T, that’s not a guarantee that you’ll qualify for SSDI.
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* https://www.ssa.gov/policy/docs/statcomps/di_asr/2022/di_asr22.pdf
* SGA is a term used to describe a level of work activity and earnings. Work is considered substantial if it involves significant physical or mental activities, or a combination of both. Gainful work activity is work performed for pay or profit. For 2024, that is $1,550 a month for non-blind individuals.
* Social Security lawyer fees - https://cannondisability.com/blog/attorney-fees-in-disability-cases/
Approximately 650k disabled veterans are receiving SSDI (i.e., drawing SSDI because they are disabled and younger than their full retirement age (FRA)), and this is about half of the population of veterans that are 100% P&T and under their FRA (let alone the almost 2.5 million veterans that have a 60%+ rating from the VA).
For the SSA, it’s all or nothing – there isn’t a ‘partially disabled’ category. You either can or you cannot work at a “substantial gainful activity” (SGA)*.
For SSDI, the claimant needs to show two things:
● Evidence of a physical or mental health condition, which results in functional impairments that limit their ability to work at a SGA.
● That the disabling condition has lasted or is expected to last, for 12 months or end in death.
Specific to your situation, the very first thing you should do is retain a Social Security disability lawyer, especially since you said you’re at the point of throwing in the towel. A SS lawyer is limited by law to 25% of the past-due benefits, up to a max (for 2024) of $7,200 (you would have to be owed $28,800+ in past-due benefits to reach that cap) up through a hearing by an administrative judge. If you win your appeal, then their fee is taken out of your past-due benefits. If you don’t, then the most you’ll pay is some ‘excessive admin fees’ (in most cases, it amounts to less than $100)*.
Bottom line: Even if you were 100% P&T, that’s not a guarantee that you’ll qualify for SSDI.
-------------------------------
* https://www.ssa.gov/policy/docs/statcomps/di_asr/2022/di_asr22.pdf
* SGA is a term used to describe a level of work activity and earnings. Work is considered substantial if it involves significant physical or mental activities, or a combination of both. Gainful work activity is work performed for pay or profit. For 2024, that is $1,550 a month for non-blind individuals.
* Social Security lawyer fees - https://cannondisability.com/blog/attorney-fees-in-disability-cases/
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CPT Lawrence Cable
Since he asked, the method VA uses for your combined Rating. I'm an Engineer and it confuses me. https://www.benefits.va.gov/compensation/rates-index.asp
Apply for and manage the VA benefits and services you’ve earned as a Veteran, Servicemember, or family member—like health care, disability, education, and more.
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MAJ Byron Oyler
I finally went to the site and with how limited working is combined with the percentages of people dying not long after receiving the rating I want nothing to do with that.
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SPC James McCullough
I did retain representation just recently Colonel. I also wrote Senator Jeff Merkley and explained the reasons given for the denials were due to the lazy bastards at the State DDS failing to obtain relevant information from the SSA. The State of Oregon is a “Cluster Fuck”, and that’s on their best days.
For example: And I put this all in upper caps to emphasize what a complete failure the State of Oregon is. Anyway here we go:
THE GREAT STATE OF OREGON RANKS 27th AMONGST ALL OTHER STATES IN TOTAL POPULATION. THE FAILED STATE OF OREGON RANKS 5Th AMONGST ALL OTHER STATES IN THE ACTUAL NUMBER OF HOMELESS VETERANS. ONLY SURPASSED IN THIS SHAMEFUL STATISTIC BY STATES WITH 5X GREATER TOTAL POPULATIONS. SAVE FOR THE STATE OF WASHINGTON, OUR LIBERAL SHIT HOLE NEIGHBORS TO THE NORTH SITTING AT #4, THEN OUR OTHER BIGGER SHIT HOLE NEIGHBOR TO THE SOUTH CA #1, FOLLOWED BY FL #2, TX, #3.
The three West Coast States rank #1, #4 & #5 in this Nation in the total number of homeless veterans. Thats what decades of liberal leadership brings to your State people. And here is something to consider. These 3 States are a complete disaster, Endless Tent Cities, Encouraging Drug Addiction, Encouraging Theft From Merchants, Murder In The Streets, People Desperate, Hungry and no place to call home. But here is something to consider as you absorb all that. Factor in that the GDP or the States of California, Oregon & Washington combined, is astronomical. Remember theses three States are home to Hollywood, The Silicon Valley, Boeing, Nike and Intel, Weyerhaeuser and many others, if these 3 States were a separate nation they would have the 4th largest economies in the world. Only the USA, China and Germany are greater. Now that folks, should paint a real clear picture of what decades of liberal mis-leadership will get ya. Coming to a town near you soon.
For example: And I put this all in upper caps to emphasize what a complete failure the State of Oregon is. Anyway here we go:
THE GREAT STATE OF OREGON RANKS 27th AMONGST ALL OTHER STATES IN TOTAL POPULATION. THE FAILED STATE OF OREGON RANKS 5Th AMONGST ALL OTHER STATES IN THE ACTUAL NUMBER OF HOMELESS VETERANS. ONLY SURPASSED IN THIS SHAMEFUL STATISTIC BY STATES WITH 5X GREATER TOTAL POPULATIONS. SAVE FOR THE STATE OF WASHINGTON, OUR LIBERAL SHIT HOLE NEIGHBORS TO THE NORTH SITTING AT #4, THEN OUR OTHER BIGGER SHIT HOLE NEIGHBOR TO THE SOUTH CA #1, FOLLOWED BY FL #2, TX, #3.
The three West Coast States rank #1, #4 & #5 in this Nation in the total number of homeless veterans. Thats what decades of liberal leadership brings to your State people. And here is something to consider. These 3 States are a complete disaster, Endless Tent Cities, Encouraging Drug Addiction, Encouraging Theft From Merchants, Murder In The Streets, People Desperate, Hungry and no place to call home. But here is something to consider as you absorb all that. Factor in that the GDP or the States of California, Oregon & Washington combined, is astronomical. Remember theses three States are home to Hollywood, The Silicon Valley, Boeing, Nike and Intel, Weyerhaeuser and many others, if these 3 States were a separate nation they would have the 4th largest economies in the world. Only the USA, China and Germany are greater. Now that folks, should paint a real clear picture of what decades of liberal mis-leadership will get ya. Coming to a town near you soon.
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Ahhh, the wonders of VA math!
What did they deny you?
Oh, and just in case you were wondering, this is how the combined rating system works. Let's take your own case.
70% for PTSD means you are still 30% capable. Your next rating, 40% Lumbar comes out of the 30% remaining. 40% of 30 is 12% - okay, you're at 82%, leaving you 18% capable. 40% Sciatica comes out of that 18%, thus 7.2% giving you a rating of 89.2%, leaving you 10.8% capable - which is where the 10% for tinnitus comes from, or 1%. That leaves you at 90.2%. They round down. 90%.
This sucks, I know. But that's how they've been doing it for decades.
As for getting SSDI based on your VA ratings, no soap. They base you eligibility for SSDI on your ability to work as assessed by Social Security. I don't think they consider your VA ratings as evidence of inability to work. The two benefits are aimed at different goals - thus they have different criteria.
Oh, and by the way, even if the VA gives you 100% P&T, it will not affect SSDI as with the VA you can still work while receiving the benefit but once you go on SSDI, SSA will not allow you to work.
What did they deny you?
Oh, and just in case you were wondering, this is how the combined rating system works. Let's take your own case.
70% for PTSD means you are still 30% capable. Your next rating, 40% Lumbar comes out of the 30% remaining. 40% of 30 is 12% - okay, you're at 82%, leaving you 18% capable. 40% Sciatica comes out of that 18%, thus 7.2% giving you a rating of 89.2%, leaving you 10.8% capable - which is where the 10% for tinnitus comes from, or 1%. That leaves you at 90.2%. They round down. 90%.
This sucks, I know. But that's how they've been doing it for decades.
As for getting SSDI based on your VA ratings, no soap. They base you eligibility for SSDI on your ability to work as assessed by Social Security. I don't think they consider your VA ratings as evidence of inability to work. The two benefits are aimed at different goals - thus they have different criteria.
Oh, and by the way, even if the VA gives you 100% P&T, it will not affect SSDI as with the VA you can still work while receiving the benefit but once you go on SSDI, SSA will not allow you to work.
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SPC James McCullough
Yeah I have seen that frickin VA combined ratings table. @ 90% I would need an additional 50% to cross the 95% threshold to carry me to 100%. They placed as big a tank trap as they could muster between 70, 80, 90 & 100%..
The problem with the SSA is that 73.5% of the administrative law judges (ALJ) Approve 67% of all the cases. While the other 24.5% disapprove over 78% of the cases brought before them. So it comes down to geographical location and luck of the draw. Thats the deciding factor that can’t be ignored.
The problem with the SSA is that 73.5% of the administrative law judges (ALJ) Approve 67% of all the cases. While the other 24.5% disapprove over 78% of the cases brought before them. So it comes down to geographical location and luck of the draw. Thats the deciding factor that can’t be ignored.
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The SSS gave me 100% based on My VA records, My lawyers are still trying to boost me from 90% to 100% VA, I have tried in stages since 1980 but they lied for 40 yrs that no record of my TBI in 1969, but the VSO in Rock Hill got them proving them liars !
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