SSDI denial due to military related injuries?

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05-15-2021, 12:45 PM
Extremeboating

SSDI denial due to military related injuries?

The title is pretty self explanatory but for the longer story here it is:

I recently went from 20% combined to 100% total disability rating with the VA due to several service connected and secondary service connected injuries from the military. I've been in really bad shape since it all went down and have not continued to get any better. I have had to quit any and all jobs and had to become MEDSEP from the military in order to just be okay. Doing my due diligence to ensure that some sort of income continues to come in, I applied for SSDI (Social Security Disability Insurance) in order to ensure total retirement income insurance. I applied at the time with 70% service connection and submitting all of my medical paperwork I had on file at the time. They had me fill out a very long winded packet asking me what my daily responsibilities in all of the jobs I worked in was and had an assigned case worker. She called me at a later date and asked me if everything was submitted and good to go and I ensured it was, however, I had a recent reevaluation determining 100% disability. She informed me it would delay the process an extra month to obtain the additional supporting medical documentation. Shortly after that, I got a letter in the staying my application was denied due to the fact that my injuries would keep me out of work for no longer than a year before getting better (it's already been over 7 months with no improvement or end in sight for healing). I found that the claimed conditions did not include the newly found secondary service conditions that they promised me they would obtain, which would further delay my claim (which I was okay with. After reaching to the case worker that I had and leaving her at least two voicemails I have not been called back and am unable to log on to SSAs website to appeal my claim.

I apologize for the long story, but here we are. My question is, what should I do from here?
05-15-2021, 10:01 PM
Don333

Try calling your state congress rep or senator. Here in Virginia you can contact them using their web pages.
05-15-2021, 10:35 PM
Extremeboating

Quote:

Originally Posted by Don333

Try calling your state congress rep or senator. Here in Virginia you can contact them using their web pages.

That's an excellent idea, that was what I was thinking but I wasn't entirely sure if that would be a possibility.
05-16-2021, 07:53 AM
Skip

It is not unusual for Social Security to deny your first and second claim. There are lawyers that handle those cases and can help you. A friend of mine was denied twice and then the later he chose went to court got it approved with back pay. I hope this helps.
05-16-2021, 12:06 PM
CigarBasser

Use a Lawyer.. They will get through to them.. Cost is minimal in my mind too.
05-16-2021, 01:32 PM
1stindoor

I'm on my phone so I'll make this short and try to provide a longer response tomorrow. There's a very good chance that your are being denied because you are already bringing in over the minimal amount, either via your DFAS disability and/or from the VA. Your VA compensation should probably be north of $3,300 a month. Far in excess of the roughly $1200 a month that SSDI uses as a marker.
05-16-2021, 03:09 PM
Lcp3557

Get a lawyer. They only get paid a percentage if SSDI is granted. If the lawyer takes your case you will more than likely be granted SSDI eventually. Be prepared to wait a minimum of one year.
05-16-2021, 03:16 PM
RgrGoog

Get a lawyer. I had a disability rep and was told this is common. They denied mine 2x and it was not approved until I went to court in front of the judge a year later. You will get back pay and the Lawyer will get paid (max of 6K I believe). My lawyer rep only got paid if I won. I am 90% thru the VA. Crazy process as some of the Doctors the Social Security Admin sent me to definitely supported my claim.
05-16-2021, 05:12 PM
Extremeboating

I've also got a family friend who was denied SSDI for three years until she got a lawyer and she ended up getting over 3 years worth of backpay.

@1stindoor, VA pay and SSDI pay are two separate entities and they do not talk with one another for lack of better words as far as how much they are compensating you. You can draw both or "double dip" at the same time and I know this as a fact, as even the VA states that as well.
05-16-2021, 08:49 PM
bassnman81

Everyone I know was denied without a lawyer.
05-17-2021, 07:10 AM
Lcp3557

Quote:

Originally Posted by Extremeboating

I've also got a family friend who was denied SSDI for three years until she got a lawyer and she ended up getting over 3 years worth of backpay.

@1stindoor, VA pay and SSDI pay are two separate entities and they do not talk with one another for lack of better words as far as how much they are compensating you. You can draw both or "double dip" at the same time and I know this as a fact, as even the VA states that as well.

:thumb up2: spot on
05-17-2021, 07:49 AM
1stindoor

Understand that VA and SSDI are two separate entities all too well. You stated you were medically separated from the military. What you didn't indicate was whether or not you were medically severanced or medically retired. Nor did you mention how many years of service you had when you were medically separated, so I was not sure if you were bringing in money from DFAS on top of your VA pay. Lot's of variables and I deal with a lot of them on a daily basis with the wounded, ill, and injured for USSOCOM. I've also dealt with many Servicemembers that have applied for and been denied SSDI for all manner of reasons. Some justified, some hard to figure out. There's a reason that there's so many SSDI lawyers out there, it's a cottage industry that sprung up to take money from people that feel that they are being denied money they fell they are owed. I've only a known a few to get their claims approved on the first time they submitted. Most do not. As other's have already stated, it's a long process and the lawyer will get theirs....first. Good luck.

As for your medically separation from the military. Were you medically retired? If so, there's a chance you may qualify for a program known as CRSC (Combat Related Special Compensation). It's a separate pot of money to help offset the difference between a normal retirement and the VA. It's based on a sliding scale that takes into account your base pay, your years of service, your DOD rating, and your VA rating. It is also tax free. If you were medically severanced, you are not eligible for that program. I can help you with the paperwork if you need it.
05-17-2021, 11:37 AM
Extremeboating

Quote:

Originally Posted by 1stindoor

Understand that VA and SSDI are two separate entities all too well. You stated you were medically separated from the military. What you didn't indicate was whether or not you were medically severanced or medically retired. Nor did you mention how many years of service you had when you were medically separated, so I was not sure if you were bringing in money from DFAS on top of your VA pay. Lot's of variables and I deal with a lot of them on a daily basis with the wounded, ill, and injured for USSOCOM. I've also dealt with many Servicemembers that have applied for and been denied SSDI for all manner of reasons. Some justified, some hard to figure out. There's a reason that there's so many SSDI lawyers out there, it's a cottage industry that sprung up to take money from people that feel that they are being denied money they fell they are owed. I've only a known a few to get their claims approved on the first time they submitted. Most do not. As other's have already stated, it's a long process and the lawyer will get theirs....first. Good luck.

As for your medically separation from the military. Were you medically retired? If so, there's a chance you may qualify for a program known as CRSC (Combat Related Special Compensation). It's a separate pot of money to help offset the difference between a normal retirement and the VA. It's based on a sliding scale that takes into account your base pay, your years of service, your DOD rating, and your VA rating. It is also tax free. If you were medically severanced, you are not eligible for that program. I can help you with the paperwork if you need it.

Ah. I see why you thought that now. I was just medically separated not retired. I am not applicable for the CRSC program though. I appreciate your willingness to help with that.

Typical of government organizations, they like to drag their feet in the process. I get it though. You gotta make sure folks applying are eligible to receive income, especially when you are talking about the rest of their lives which for some may be the next 30/40/50/60 years.
05-17-2021, 12:56 PM
1stindoor

Quote:

Originally Posted by Extremeboating

Ah. I see why you thought that now. I was just medically separated not retired. I am not applicable for the CRSC program though. I appreciate your willingness to help with that.

Typical of government organizations, they like to drag their feet in the process. I get it though. You gotta make sure folks applying are eligible to receive income, especially when you are talking about the rest of their lives which for some may be the next 30/40/50/60 years.

Okay, got it. Medically separated; sorry, I was hoping there might be other sources of income for you while you go through the process. I have a friend that works in the court system for SSDI, last time I spoke with her they were several months behind due to COVID issues throughout 2020 (she's in TX so that might be a factor as well).
05-17-2021, 08:58 PM
Extremeboating

Quote:

Originally Posted by 1stindoor

Okay, got it. Medically separated; sorry, I was hoping there might be other sources of income for you while you go through the process. I have a friend that works in the court system for SSDI, last time I spoke with her they were several months behind due to COVID issues throughout 2020 (she's in TX so that might be a factor as well).

Yeah it sort of sucks right now just relying 100% on VA income. I have to be very financially minded every month since they pay you in just one lump sum. As for SSDI I found a way to try and appeal it but I'm pretty sure I'll know the outcome regardless. I may have to lawyer up at some point and if and when I do I may have to try and get your contact from you.
05-18-2021, 07:12 AM
1stindoor

I'll help where I can, but my "contact" has been one of my closest friends for over 40 years and is a federal entity...so no offense, but I won't be passing out her contact information. But I'll try to help.
05-22-2021, 09:37 PM
Extremeboating

Well, I finally managed to put in for an appeal. Hopefully this swings in my favor, but my hope is bleak given how they seem to have built a reputation around denying folks under the age of 65 despite having severe work related injuries. :rolleyes:
05-24-2021, 12:53 PM
1stindoor

Good luck. Let us know how it turns out.
06-17-2021, 05:50 PM
Extremeboating

Well here's the update:

I managed to appeal, denied again. Where to proceed from here? State senator, or lawyer?

From my understanding, lawyers will take a cut of what is owed to you if they win your case correct?
06-26-2021, 06:21 PM
mastergun

Quote:

Originally Posted by Extremeboating

From my understanding, lawyers will take a cut of what is owed to you if they win your case correct?

A cut of something is better than you getting nothing if you are truly deserving of it.