SSDI and AD Pay a few questions

B

BCWhite

PEB Forum Regular Member
PEB Forum Veteran
First of all great site, alot of information without alot of legal wash to dilute it. I just recently read about the ability to accept SSDI and still be on active duty, so I am going to attempt it. I have a few questions.

1. I hurt my back in 2005 and have been diagnosed with degenerative disc disease. I have herniated my back in 3 places. This limits my ability to perform my MOS. Shouldn't the inability to perform my service MOS allow me to collect SSDI?

2. Since the injury happened in 2005, would I collect back pay to the diagnosis date?

I have since added other injuries, I hold a combat arms MOS, but work admin because I cannot perform the physically demanding portion of my MOS. My retirement was denied due to me transferring my Post 9-11 GI Bill to my spouse so I have to wait until June 2013 to retire.

Thanks in advance for you answers, I am still using the search function to gain insight.

B
 
I can't answer your back pay questions, but I strongly encourage you to apply. I am still on AD, PEB is in process now, and got my first check today!!!!!
 
It is possible to get SSDI while on active duty my husband was awarded his over the summer with back pay to July 2010 date of disability was January 2010 there is a 5 month wait before the income starts. There is a limitation on the amount of time they will pay back pay, I can't however remember what it is. You can always try to apply the worse that will happen is they will say no.

From our experience my husband is not able to do his current job or any job that he has trained for previously or in fact any type of work that would constitute gainful employment. He is at the TBI clinic 3 days a week, Physical therapy another 1/2 day, on medications that make him sleep, frequently sick, unable to do any type of pt, he is easily confused, has trouble with his memory, concentration, comprehension, and communication. He's no longer able to work with funds and contracts which is what he did, the mistakes he makes are too much a liability. Needless to say that he can't do his job anymore but he still goes to work 1 1/2 days a week and does something relatively useful while he is there it takes him longer to get it done but he does eventually accomplish things. With SSDI they are looking for gainful employment so if what you're doing or are able to do constitutes something that would be considered gainful employment even if it not your usual job or something you want to be doing your claim will likely be denied. Even with all that my husband has going on we still had to prove that the day and a half he spends at work could not be considered gainful employment, his supervisor was very helpful with this he really works with great people. Anyhow the worse that can happen is they will deny.
 
My experience was this....stopped doing my normal military job in October 2009. I applied for SS in November 2010. I received my letter approving me in January 2011. SSA backdated my pay four months after I stopped doing my job (March 2010 - Jan 2011). I now get monthly checks.

Just an FYI...the WTU's have a cover letter that is addressed to the SSA explaining why you are applying. One of the forms has to be signed by someone that can verify when you stopped working. (I was lucky, we had a member of our S-1 section going thru a physical at BAMC and signed off on the dates for two of us.) Also, your spouse will receive a packet that replicates your initial application to see if the answers match.

Bottom line is APPLY!!! Is weird receiving active duty pay AND SSDI, but oh well! As a side note, be advised that SSDI pay IS taxable, so you have to decide if you want a 1099 at the end of the year or have them take taxes out before you get your check.

Also, in Texas, the only thing my county wanted for handicap placards was the SSA letter, a single form from the county and a copy of my driver's license. Your state/county may differ. In Texas, the placards for handicap parking are free. You are considered a 'disable person', once you get your VA rating, you are considered a 'disabled veteran'.
 
Go to the search on this website and enter "SSDI"

A boat load of questions you have will be answered.

Just read a bit.....

nwlivewire
 
Social Security Disability Insurance.

Its for folks who become disabled before their normal age of retirement and are no longer able to work anymore.

If you have paid into the Social Security Administration (SSA) system for a certain length of time, become disabled under the SSA guidelines of what is considered disabled, then you would recieve a monthly benefit amount.

See the Social Security website for more information.

Or use the search box in this website and type in SSDI.

nwlivewire
 
BCWhite said:
First of all great site, alot of information without alot of legal wash to dilute it. I just recently read about the ability to accept SSDI and still be on active duty, so I am going to attempt it. I have a few questions.

1. I hurt my back in 2005 and have been diagnosed with degenerative disc disease. I have herniated my back in 3 places. This limits my ability to perform my MOS. Shouldn't the inability to perform my service MOS allow me to collect SSDI?

2. Since the injury happened in 2005, would I collect back pay to the diagnosis date?

I have since added other injuries, I hold a combat arms MOS, but work admin because I cannot perform the physically demanding portion of my MOS. My retirement was denied due to me transferring my Post 9-11 GI Bill to my spouse so I have to wait until June 2013 to retire.

Thanks in advance for you answers, I am still using the search function to gain insight.

B
Click to expand...
BCWhite, are you in the MEB/PEB process? :confused: Will your retirement in June be a medical retirement or a regular retirement? :confused:
 
I also applied for SSDI and am still on active duty too, i did mine through the WTU SFAC, The guy was very good and did everything on the computer for me. They made me fill out a work history and yes they told me they will send my wife some paperwork to fill out too. Basically if you can prove a disability, you are entitled to SSDI but as far as how much, i still do not know the answer to that. I guess it depends on the disability, i basically put everything that was on my VA claim because the DOD doesnt look at all your medical problems only the failing conditions.
 
smacinnes40 said:
I also applied for SSDI and am still on active duty too, i did mine through the WTU SFAC, The guy was very good and did everything on the computer for me. They made me fill out a work history and yes they told me they will send my wife some paperwork to fill out too. Basically if you can prove a disability, you are entitled to SSDI but as far as how much, i still do not know the answer to that. I guess it depends on the disability, i basically put everything that was on my VA claim because the DOD doesnt look at all your medical problems only the failing conditions.
Click to expand...

SSDI (the sub agency under Social Security Administration (SSA)) uses a complicated computation formula to arrive at a disabled workers monthly benefit amount. From what little I can understand about it, part of the computation amount is based upon the disabled workers past gross earnings that they earned and was FICA taxed on over a period of so many "good" quarters in a year, and then, over so many years of gross earnings they were paid and were taxed and recorded into the FICA (SSA) tax system.

So the monthly SSDI amount will vary for each disabled SSDI person, though the monthly amount will be a stable, fixed amount per SSDI person. Much of the monthly amount is computated on the disabled person's previous wages earned and taxed under that system. It appears to me that a disabled person who earned a qualified and FICA taxed wage that was high income for those years in the computation zone would receive a higher monthly SSDI amount than one who earned substantially less during those same time periods used to computate an SSDI monthly rate.

It's much more complicated than this - but from how I understand it, the SSDI is based on how much money your earned in your past, how many qualified quarters you had in the SSA system, and, was FICA taxed over time.

v/r,
nwlivewire
 
nwlivewire said:
SSDI (the sub agency under Social Security Administration (SSA)) uses a complicated computation formula to arrive at a disabled workers monthly benefit amount. From what little I can understand about it, part of the computation amount is based upon the disabled workers past gross earnings that they earned and was FICA taxed on over a period of so many "good" quarters in a year, and then, over so many years of gross earnings they were paid and were taxed and recorded into the FICA (SSA) tax system.

So the monthly SSDI amount will vary for each disabled SSDI person, though the monthly amount will be a stable, fixed amount per SSDI person. Much of the monthly amount is computated on the disabled person's previous wages earned and taxed under that system. It appears to me that a disabled person who earned a qualified and FICA taxed wage that was high income for those years in the computation zone would receive a higher monthly SSDI amount than one who earned substantially less during those same time periods used to computate an SSDI monthly rate.

It's much more complicated than this - but from how I understand it, the SSDI is based on how much money your earned in your past, how many qualified quarters you had in the SSA system, and, was FICA taxed over time.

v/r,
nwlivewire
Click to expand...

That's Correct nwlivewire you are good to go.... Hope things are better today :D Happy Easter!!!!!
 
Nice to see it's working for some. Congrats. My reps won't even allow mine through to medical determination because I'm still AD.
 
Shagnmiller; I was told the same thing. The end result they told me since I was still working a little they would not process it. However, when on terminal leave apply. Basically, what I was told people get approved that are in the WTU unit; they are receiving treatment etc and not performing work. Again this is what I was told. I am trying to figure out if I should apply now since I was just found unfit by the PEB; awaiting my orders.
 
COLTONMD said:
Shagnmiller; I was told the same thing. The end result they told me since I was still working a little they would not process it. However, when on terminal leave apply. Basically, what I was told people get approved that are in the WTU unit; they are receiving treatment etc and not performing work. Again this is what I was told. I am trying to figure out if I should apply now since I was just found unfit by the PEB; awaiting my orders.
Click to expand...

I would think that if you have signed your DA 199, and your DA 199 has listed your military percentage of disability rating, and, you have rec'd your proposed VA disability ratings and it's percentage, then I would apply for SSDI at this time. Chances are, at that point, you are simply waiting for your PEBLO to send your packet forward for final approval at APDA, the place where you get the final disability packet and DA 100 "OK" and are put on TRANSPOC orders.

If you are at this juncture - just waiting for TRANSPOC orders from APDA, then figure less than 4 months time left on Active Duty. APDA will sign off on the DA 199 (providing no major errors, or, your case file isn't the one they randomly chose for an audit). The day THEY sign off on your packet as having been reviewed and approved, THAT'S the start date for your maximum 90 day clock to discharge.

By the time PEBLO notifies you of TRANSPOC, you will have less than 90 days to go. This is generally how it goes.

v/r,
nwlivewire
 
808svt said:
http://www.ssa.gov/woundedwarriors/
Click to expand...


The original piece in the SM's original question revolved around the fact the SM was NOT in a WTU - but was NOT doing their regular job anyway - just not assigned and transfered to a WTU.

Interesting scenario/question to answer, because how does a SM prove they are NOT doing their regular job when they are still in their unit?

I wonder if the unit Commander has to write a letter stating the SM is NOT performing their regular MOS duties and state how many hours a week is spent doing non-MOS work?

Or, if a letter from the military Doctor can also help?

It is generally automatically assumed that if a SM is assigned/transferred into a WTU as a Wounded Warrior, that they are not doing their regular job.

Not sure about whether or not this holds as true when a SM is not assigned to a WTU.

That is why I suggested filing AFTER the IDES process is almost done, and, after both the SM's VA proposed ratings and DA 199 comes back from APDA as approved. More evidence to support his case for SSDI.

Any other thoughts on this????

v/r,
nwlivewire
 
The service member does not have to be assigned to a WTU to apply. If anyone is being told they HAVE to wait for any reason or apply through WTU representatives is complete and total BS!! Anyone can apply anytime they believe they meet Social Security's definition of disability. Your doctors can write letters to support your claims, your Commanders, family members, etc. You will have the opportunity to explain to SSA how your work has changed. You will spend time writing your own explanation about how life/work is now different for you. They will also contact your family or friends to verify the info you claim. Therefore you can still be assigned to a regular unit and apply. Just because you have a job title doesn't mean you are working in that field or working at all.

By filing while active duty your claim is "fast tracked."

There may be benefit waiting for VA or DoD to evaluate, but there is also big potential downside. SSA and VA are not dependent on each others decisions. They may take there findings into account, but not bound in any way. Keep in mind SSA can reimburse for prior time you were disabled, up to a year prior to your application. It depends on the date you became disabled. If you wait for VA and PEB to rate you before applying, which can take 12+ months in some cases, you are losing potentially 12+ months of SSDI money.

I applied while on AD and was never assigned to a WTU. I was still with my old unit. SSA never contacted my unit asking questions about work, etc.
 
Question? I have heard in general, people generally get denied ssdi on the first request. is this true?
 
boobootex said:
Question? I have heard in general, people generally get denied ssdi on the first request. is this true?
Click to expand...

Pittpan2005:

Thanks for the update. Good info to know you don't HAVE to be assigned to a WTU.

Boobootex:

Much of the time, SSDI generally denies the claim on the first "round". However, it seems these days that AD injured are having better luck avoiding this initial denial.

Back in 2008, I applied for SSDI and was initially denied (was WTU assigned, too). I had to go all the way to the third appeal level and see the SSDI judge. Got approved - but it took almost two years from time of initial application to approval status.

Today, I am set to PDRL retire next week - Army 70% - VA 100% P&T.

Thank Goodness for SSDI! It will help tide me over until I am finally through their wait period and in receipt of military/VA compensation.

v/r,
nwlivewire
 
You must log in or register to reply here.
Top