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Social Security Denial... File until I die???

Discussion in 'Social Security, Disability & Health' started by 37FOX, Oct 7, 2010.

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  1. 37FOX

    37FOX Law Topic Starter New Member

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    Hi... First post, hope someone can help... I have been denied twice, and the third filing is in cyberspace somewhere... I called the SS office 5 times last week, and talked to a real person once... She said that she could pull up the 2 denials, but not the third (Filed in April)... I was smart the 3rd time, and printed the packet out...

    I filed all 3 claims after being granted (If that's what you want to call it), 100% Disability from the VA for PTSD, COPD, and Back issues, etc... It literally took an act of my Congressman to get the VA to budge...

    I am trying to get SSD to budge without hiring one of those high priced lawyers... A buddy I served with did get the lawyer and did get the back pay, but at a cost of 7 grand or so... Well, I wasn't a General, only an NCO, so that's a big chunk of change to give up... Plus, how can the SSD miss the big packet in black and white that says I am 100% :confused:... Well, to quote legendary coach Lombardi, the last line is "lies exhausted on the field of battle - victorious." I plan on being a pest as long as need be... But what reason can you find for me to have that need??

    Does anybody have similar SSD experiences, and was as stubborn as me??? I think I could fight them on my own in court, however I don't have that MOS to my credit... By the way, when I did finally get the VA settlement... My congressman's ad's were on TV... and no, attempts for help with SSD have not had a similar response... Thanks for any help

    Aaron
     
  2. army judge

    army judge Super Moderator

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    SS claims can take 18-24 months.
    The appeals can go on for another 18-24 months.
    More than 60% of initial claims get denied.

    More than 60% of appeals get approved.

    Go figure!!!

    It would appear they wish to shoo away the malingerers and flakes.

    Persistence is the key.
    Plus, the appeal should be replete with what I call, "magic words and phrases".

    There is a method to the madness.
    An appeal should also have all medical records and diagnoses attached.


    Try, try, and win!!!
     
  3. 37FOX

    37FOX Law Topic Starter New Member

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    I hear you, and have not appealed at all, just re-filed... But when everything has been in the paperwork from day one, you would figure that they could read... But then again, my 3rd attempt is behind somebody's desk that hasn't been dusted since the Reagan admin...

    I will have to eventually just go in the office with my paperwork and state my case, a good waste of an entire afternoon... Do you know if I can hire a JAG to take my case, as a DAV??? Maybe that will create some attention
     
  4. Disabled Vet

    Disabled Vet Active Member

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    two different types

    The SS dept and the VA dept have two different standards for figuring if one is disabled or not. Some vets get SSD and not VA disability.

    To me it was worth the fee for the lawyer because it was one less thing I had to worry about. Some judges may look at you if your doing it yourself for a PTSD claim that if your mentally able to work on your claim then you can do some type of work. With alot of jobs offering a person to work at home.

    there is a great site for vets for this issue

    http://vets.yuku.com/

    There is a section on SSD and being a vet.

    No jag lawyer can't help with SSD, if you get the judge phase then you might wish you had a lawyer. In the hearing the judge will have a employment specialist, a doctor in the hearing. The judge will ask them questions based off the medical information he has in front of him.

    Good luck
     
    Last edited: Oct 7, 2010
  5. army judge

    army judge Super Moderator

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    If you file a good appeal, the administrative law judge will be able to rule without a hearing.

    I've been doing some of these SS appeal cases for the last five years.

    I do about 25 a year.

    I've only had five of those (about one a year), that required a full blown hearing. My success rate exceeds 99%. It's all about the packet, documentation, and "magic words".

    I do it to support the DAV and the VFW outreach effort for many of the guys out if Ft. Hood.

    PTSD is to this generation of warriors, what Agent Orange was to mine. It takes time for the disease to gain traction. Over time, it will. I've already seeing the positive results.
     
  6. army judge

    army judge Super Moderator

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    Therein lies your problem, it's about the appeal. It's hard to prevail in the initial filing. You're beating your head against a brick wall.

    File the appeal. It makes a difference.
     
  7. 37FOX

    37FOX Law Topic Starter New Member

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    Thanks for the info and link... I have too many triggers to work outside the home, besides physical ailments... I never even knew there was work at home opportunities... I'd try it... I'd try anything
     
  8. 37FOX

    37FOX Law Topic Starter New Member

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    Of course, THEY won't tell you that... Thanks, I'll get working on that soon
     

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