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Author Topic: Please put my mind at ease  (Read 4253 times)

algomaspur

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Please put my mind at ease
« on: March 14, 2015, 04:22:08 am »
This may seem odd but I called in just for the heck of it to see if my reconsideration was completed.  The Social Security Gal gets all of my information and says the good news is yes there has been a decision.  I said I don't know how that could be good news.  She then went on to say that she could not tell me what the decision was but that my claim was completed on Monday.  and that I should be receiving a letter by wed of next week which would be 7 days from the decision.  When I received my first denial letter I received it in 3 days.  Can anyone tell me from experience if I have better chance of being approved because of the time frame of the decision this time around.  A lot changed from my first denial till when I applied for reconsideration.  I went from 50% V.A. Disability to 100% disability total and occupational due to a myriad of mental issues.  Also I was approved for wounded warrior status through the V.A.  I see a psychiatrist every 4-6 weeks and a counselor every week.  My counselor submitted and update when the requested new information that stated that I had gotten worse because of my xxxxxxxxxx.  Also I submitted paperwork of a my compensation and pension exam from the psychologist stating I was permanently and total occupationally disabled because of my mental function.  I need some peace of mind or some feedback on this.  I also went and chatted with the lawyer that does SSDI cases before I called that day just to let him know that if I do get denied I would like him to represent me.  He told me that with all of my evidence and changes from 50% va disabled to 100% disabled total and wounded warrior status that in his recommendation he sees absolutely no reason that I would be denied.  He did go on to say that if I did which according to him was a 1% chance that he would love to take my case.  He did tell me that if I did get approved he wanted me to call him because he keeps track of approvals of disability claims for recording purposes I said no problem.  Also he read my rejection letter and said that he could not believe that I got denied the first time with the evidence that I had from my time inpatient at the mental ward and the notes from my psychiatrist, psychologist and my counselor.  Also on the letter they could not even state a job that I could do with what I have.  somebody with experience please help...............

RNyorkiemom

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Re: Please put my mind at ease
« Reply #1 on: March 14, 2015, 08:37:44 am »
Hi

I sm so sorry thay as a veterian that served to keep our country safe you now have to fight govermentaly red tape.  Thsnk you for your service.  I know from my personal experence that is the response thst they give to everyone. I am so fustrated with this system that is so broken.  I hope that all of your updated records were reviewed and considered. I am in my recondideration as well. 

I want to encourage everyone who is appling for disaility to write your govermrnt official congressmen, senators, govenors, and the White House.  The reason I say this is there is power numbers.  I personally think we have to fight in numbers to put this flawed system in the goverments and demand change.  That is just my opinion.

Dee
No matter what happens in life try to smile and beleive every thing will be ok!!!  Then smile vs cry!!!!   😅😅😅😅😂

BRBB

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Re: Please put my mind at ease
« Reply #2 on: March 14, 2015, 10:14:58 am »
Unfortunately.....disabled status within the VA does not carry over to meeting the criteria for SSDI/SSI. It is a very common misconception that VA status should also carry weight with the SS process. It doesn't.

If you have a "myssa" account set up.....you may be able to determine the decision ahead of actually receiving the paper letter.

Best wishes for a quick approval,

Philip

algomaspur

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Re: Please put my mind at ease
« Reply #3 on: March 14, 2015, 04:30:08 pm »
I understand they are two completely two different government programs but the appeals court has heard evidence and also commented on them as both government programs and that great weight must be given in regards to being 100% total from V.A. Also it was stated that as such if going in front of an ALJ he has to give credence.  This is thing one must understand is that I am trying my hardest to get better and right now I am moving backwards.  I don't drink or smoke I take my medications as directed I go to all of my appointments with Psychologist, Psychiatrist and also my counseler.  I have about 1000 pages of documents in regards to this.  It sucks that I feel I am just kicking the can down the road.  I have awards from Vice Admirals, Rear Admirals.  I was Junior Sailor of the quarter aboard the submarine.  I am doing everything I can.  I don't even know what to write the congressmen in regards to this. 

algomaspur

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Re: Please put my mind at ease
« Reply #4 on: March 14, 2015, 04:33:28 pm »
Sassy Paw not only did I give them permission to pull all of my V.A. Records.  I hand delivered to the Social Security office as instructed by other Vets and made sure they were scanned in. 

Just Me

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Re: Please put my mind at ease
« Reply #5 on: March 14, 2015, 04:40:47 pm »
See H. Policy—Considering Decisions on Disability by Other Governmental and Nongovernmental Agencies at the link below
https://secure.ssa.gov/poms.nsf/lnx/0424515008
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

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Bonzai

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Re: Please put my mind at ease
« Reply #6 on: March 14, 2015, 08:23:35 pm »
I understand they are two completely two different government programs but the appeals court has heard evidence and also commented on them as both government programs and that great weight must be given in regards to being 100% total from V.A. Also it was stated that as such if going in front of an ALJ he has to give credence.... 

The above is not totally factual - Actually there has been a lot of conflict between the different Social Security Districts in assigning weight to a Veterans Affairs determination of 100% disabled.  Nine circuit courts have made rulings on how to give weight to Va disability determinations of 100%, from having to give Great Weight to giving Some Weight - it depends upon the circuit court district that one files in.

If, as in my case, the ALJ complete ignored the determination of 100% P&T from the VA, then it is grounds for an appeal.  However, if the ALJ states that they considered the determination and found it to be lacking in meeting Social Security's definition of disability, then the aforementioned cause might be moot.

In any event, the Social Security Administration HAS to give credence to medical records, diagnosis, treatments, and effects of medications as attested to by the claimant and others.

Hope this helps....
"If one of these engines fails, how far will the other one take us?"
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algomaspur

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Re: Please put my mind at ease
« Reply #7 on: March 15, 2015, 01:52:26 am »
I am in North Idaho what area is that considered as far as the ninth circuit court of appeals and giving wait to my case?

Bonzai

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Re: Please put my mind at ease
« Reply #8 on: March 15, 2015, 05:03:59 am »
The Ninth Circuit Court has ruled that 'Great Weight' must be given to a determination of 100% P&T disability by the VA.
"If one of these engines fails, how far will the other one take us?"
"All the way to the scene of the crash!" - Ron White

algomaspur

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Re: Please put my mind at ease
« Reply #9 on: March 17, 2015, 11:01:22 pm »
Denied going to ALJ. Lawyer is already aware of my case and ready to go to bat for me he has a high approval rating and he also fights for V.A. Disability and D.I.C payments he told me to not worry he will take care of me through this difficult time in my life.  Paid social security for 22 years and became disabled six months ago they want to play hard ball I am ready the balls in my court no.  75% approval rating for Judges in Spokane Washington probably because of all the denial rating coming out of Idaho DDS due to not reading my case.  They denied without sending me to a psychological exam.  They said they couldn't even find a occupation job for me to do.  It does not pay to be a wounded warrior what a crock.  I was a manager for a major corporation up to six months ago making a six figure income its not like I am sitting around.  I attend all of my appointments From psychologist to social worker and Psychiatrist things are getting worse not better. 

Hudgins17

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Re: Please put my mind at ease
« Reply #10 on: March 18, 2015, 12:01:53 am »
75% approval rating for Judges in Spokane Washington probably because of all the denial rating coming out of Idaho DDS due to not reading my case. 

Not sure what you mean by this, can you clarify?

Quote
They denied without sending me to a psychological exam. 

The SSA would only send you for a Consultative Exam if they didn't have sufficient medical records.  You state that you've been seeing your doctors regularly, therefore there was most likely no need for them to send you for a CE.

algomaspur

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Re: Please put my mind at ease
« Reply #11 on: March 19, 2015, 01:29:07 am »
sorry more clarification.  I have been going to my psychiatrist every six weeks at the V.A.  I  am going to counseling once a week.  Sorry looks like the approval rating has been going down in Spokane but even at 50% overall that's not that bad.  My disability has been getting worse.  I have Obsessive Compulsive Disorder, Anxiety with Panic Disorder, Agoriphobia, suicidal ideation, migraines and auditory and visual halliucinations. My current meds are Bupropian, 100 mg twice a day, Parotoxene 20 mg a day and Risperidone 1 mg twice a day.  I also have Xanax I only take those when I have a panic attack.  My Bupropian is for my depression my Parotoxene is for my Anxiety and OCD and my Risperidone is for hallucinations.  I was in the psych ward at the VA 3 south in December because my suicidal ideation got the best of me.  I am doing all I can but things are getting worse everyday.