SSDI and AD Pay a few questions

I set mine up last week and already got a reply for the SSDI, i was disapproved because i made to much in a year. I am an E-8 so base pay is about 4500 a month. Then they wanted me to fill out paperwork for my claim anyway of which i already did this witht the rep at SFAC. Does not make sense to me.
 
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

Thanks for the general info.
 
I set mine up last week and already got a reply for the SSDI, i was disapproved because i made to much in a year. I am an E-8 so base pay is about 4500 a month. Then they wanted me to fill out paperwork for my claim anyway of which i already did this witht the rep at SFAC. Does not make sense to me.

SSDI is not income based. SSI is. Make sure you applied for the correct program. The only time income comes into play with SSDI is after you are receiving SSDI benefits, not before.
 
I set mine up last week and already got a reply for the SSDI, i was disapproved because i made to much in a year. I am an E-8 so base pay is about 4500 a month. Then they wanted me to fill out paperwork for my claim anyway of which i already did this witht the rep at SFAC. Does not make sense to me.

Dear E-8:

There is an SSDI memo out in this website (search under SSDI) where if you are AD and in reciept of AD pay, but not doing your regular MOS, SSDI cannot use that AD income to deny you your SSDI claim/application.

Search this website under SSDI and the SSDI information to include the date and memo number for it is on here.

nwlivewire
 
Thank you nwlivewire,
Forgot to include the military pay part, don't want to confuse anyone.
 
I recently applied for SSDI and received a work activity report. Are you supposed to submit LES's for your pay stubs? What if they want them from a date that goes farther back then LES's on mypay? What is the procedure then? Thank you!!
 
I don't remember doing anything like that, I would have had to print them off and I know I didn't do that. I may have taken my federal tax return in. Again, what is important is the percentage of work you did not how much you were paid. I was AF and we don't have WTU's, my commander letter stated I was removed from my position (Flt NCOIC) and given an Amn job which I did very little of and had 1 1/2 people following me around correcting all my mistakes. I agree to everything there except I never seen anyone following me and why did they want me to do more work. If you are doing quality work in your career field, you may not qualify not that I would ever suggest doing anything less than you are capable of. You can always apply once you are on terminal leave and not working, don't scam the system because they will check up on you.
 
Thank you. I talked to them today and got clarification.
 
I recently applied for SSDI and received a work activity report. Are you supposed to submit LES's for your pay stubs? What if they want them from a date that goes farther back then LES's on mypay? What is the procedure then? Thank you!!

They want to know what you are doing..... Have your supervisor write a letter what you physically can do.... and what you are doing (INCLUDE NOT DOING YOUR MOS AND WHY).

Did they ask for income? Only answer what they ask.... don't cloud the issue by offering more than they ask for....... ;)
 
They want to know what you are doing..... Have your supervisor write a letter what you physically can do.... and what you are doing (INCLUDE NOT DOING YOUR MOS AND WHY).

Did they ask for income? Only answer what they ask.... don't cloud the issue by offering more than they ask for....... ;)

Be sure to get a copy of your supervisor's letter, too. And keep it in a safe place.

I was told by the SSDI office in Richmond, (sp?) CA, office that a "supervisor" in my CB-WTU-CA office told SSDI that I was working, doing productive work, too. I hadn't reported to an armory for almost a year at that time! My "supervisor" almost got my SSDI revoked by stating such stupid and ignorant remarks.

Thank goodness the folks at SSDI called me up and told me this. I had to get a docs letter saying I was in convelesence, not working and hadn't worked any type of regular, gainfull employ for several years!

I also had to fax SSDI that SSDI memo as mentioned in an above posting because while I did have income (army pay), SSDI doesn't consider it gainful activity wages (WTU status).

Sometimes you have to educate the SSDI people on their own rules!

v/r,

nwlivewire
 
Were you in the Guard? Is there a WTU in each state? I have not heard of that here in CA. I still have to go to the Armory. Also, for the unit address (for Guard) did you put your unit or HQTRS/OTAG? Thanks for the info!!!
 
Were you in the Guard? Is there a WTU in each state? I have not heard of that here in CA. I still have to go to the Armory. Also, for the unit address (for Guard) did you put your unit or HQTRS/OTAG? Thanks for the info!!!

I was mobilized from the NG and placed into a WTU (Warrior Transition Unit - Army) shortly after I returned from my AD in Iraq. So I did not experience an interruption of AD orders or pay when this transfer from AD/Iraq to an AD/WTU happened to me.

At the time I rec'd this SSDI inquiry, my unit was CB-WTU-CA (I live 600 miles from them, but this is the unit I am assigned to). The SSDI inquiry happened this past Summer, about one year after I had been awarded SSDI.

For more info about a WTU, and it's remote based unit called a Community Based Warrior Transition Unit (CB-WTU), you can Google it.

v/r,
nwlivewire
 
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've been drawing for a while; (1) you have to wait until you've been unable to work for 6 months to file (adjust your dates accordingly) (2) they will back pay you to the day you applied. (3) Social security manual is online and details what they will and will not pay for. Make sure you review it for your conditions. For example most back conditions are only elgible if "you cannot walk over an uneven surface at a steady pace" (4) They will contact your supervisor to check your story.
 
Robert,
I have to disagree. Here is why, directly from SSDI website.

By law, Social Security has a very strict definition. To be found disabled:
  • You must be unable to do substantial work because of your medical condition(s); and
  • Your medical condition(s) must have lasted, or be expected to last, at least one year or be expected to result in death.
You should apply for disability benefits as soon as you become disabled. It can take a long time to process an application for disability benefits (three to five months). To apply for disability benefits, you will need to complete an application for Social Security benefits and the Adult Disability Report. You can complete the Adult Disability Report. You also can print the Adult Disability Report, complete it and return it to your local Social Security office. We may be able to process your application faster if you help us by getting any other information we need.
We use a five-step process to decide if you are disabled.
  1. Are you working?
    If you are working and your earnings average more than a certain amount each month, we generally will not consider you disabled. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003).
    If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.
  2. Is your medical condition “severe”?
    For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.
  3. Is your medical condition on the List of Impairments?
    The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
  4. Can you do the work you did before?
    At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.
  5. Can you do any other type of work?
    If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.

1513.1 Can you be entitled to benefits retroactively?

You may be entitled to monthly benefits retroactively for months before the month you filed an application for benefits. For example, full retirement age claims and survivor claims may be paid for up to six months retroactively. In certain cases, benefits involving disability up to 12 months may be paid retroactively. (This is not true of the special age 72 payments (see §§346-348), black lung benefits (see Chapter 22), medical insurance (see Chapter 24), or SSI (see Chapter 21).)

Keep in mind if your disability began 17 months or more prior to application, they can retroactively pay you those previous 12 months and for those months after you submit the application until it is approved. The 17 months is important because it allows for them to "withhold" the 5 month waiting period, but still receive maximum retro-pay; 12 months.
 
Pittpan 2005 is pretty right-on with this. In my situation,

SSDI Court determined my injuries occured JUN 2007.

I filed for SSDI OCT 2008

Was denied twice by SSDI and kept appealing original OCT 2008 claim.

Finally got to SSDI Court JUN 2010!

SSDI court ruled in my favor, and retro'd my back-claim for SSDI effective DEC 2007.

Rec'd retro pay from SSDI for 2 1/2 years retro SSDI monthly pay.

Today, I'm trying to go through and file amended tax returns and have hired an IRS lawyer as it seems I now owe back taxes from this deal.

Looks like SSDI giveth, but the IRS taketh away (at least some of it!) - even though you are allowed to file an SSDI claim while on AD.

SSDI said my AD wages wwere not considered gainfull activity wages, but the IRS does use those AD wages for tax liabilty issues when collecting SSDI.

More will be revealed in a couple of months, and I'll know how much I owe the IRS in a couple more months.

V/r,
nwlivewire
 
Pittpan 2005 is pretty right-on with this. In my situation,

SSDI Court determined my injuries occured JUN 2007.

I filed for SSDI OCT 2008

Was denied twice by SSDI and kept appealing original OCT 2008 claim.

Finally got to SSDI Court JUN 2010!

SSDI court ruled in my favor, and retro'd my back-claim for SSDI effective DEC 2007.

Rec'd retro pay from SSDI for 2 1/2 years retro SSDI monthly pay.

Today, I'm trying to go through and file amended tax returns and have hired an IRS lawyer as it seems I now owe back taxes from this deal.

Looks like SSDI giveth, but the IRS taketh away (at least some of it!) - even though you are allowed to file an SSDI claim while on AD.

SSDI said my AD wages wwere not considered gainfull activity wages, but the IRS does use those AD wages for tax liabilty issues when collecting SSDI.

More will be revealed in a couple of months, and I'll know how much I owe the IRS in a couple more months.

V/r,
nwlivewire
Livewire,
I had over two years of back pay as well. When I did my taxes, I came out ahead despite those same fears. Hopefully your IRS guru can work some magic.
 
Robert,
I have to disagree. Here is why, directly from SSDI website.

By law, Social Security has a very strict definition. To be found disabled:
  • You must be unable to do substantial work because of your medical condition(s); and
  • Your medical condition(s) must have lasted, or be expected to last, at least one year or be expected to result in death.
You should apply for disability benefits as soon as you become disabled. It can take a long time to process an application for disability benefits (three to five months). To apply for disability benefits, you will need to complete an application for Social Security benefits and the Adult Disability Report. You can complete the Adult Disability Report. You also can print the Adult Disability Report, complete it and return it to your local Social Security office. We may be able to process your application faster if you help us by getting any other information we need.
We use a five-step process to decide if you are disabled.
  1. Are you working?
    If you are working and your earnings average more than a certain amount each month, we generally will not consider you disabled. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003).
    If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.
  2. Is your medical condition “severe”?
    For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.
  3. Is your medical condition on the List of Impairments?
    The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
  4. Can you do the work you did before?
    At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.
  5. Can you do any other type of work?
    If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.
1513.1 Can you be entitled to benefits retroactively?

You may be entitled to monthly benefits retroactively for months before the month you filed an application for benefits. For example, full retirement age claims and survivor claims may be paid for up to six months retroactively. In certain cases, benefits involving disability up to 12 months may be paid retroactively. (This is not true of the special age 72 payments (see §§346-348), black lung benefits (see Chapter 22), medical insurance (see Chapter 24), or SSI (see Chapter 21).)

Keep in mind if your disability began 17 months or more prior to application, they can retroactively pay you those previous 12 months and for those months after you submit the application until it is approved. The 17 months is important because it allows for them to "withhold" the 5 month waiting period, but still receive maximum retro-pay; 12 months.
Robert,
I have to disagree. Here is why, directly from SSDI website.

By law, Social Security has a very strict definition. To be found disabled:
  • You must be unable to do substantial work because of your medical condition(s); and
  • Your medical condition(s) must have lasted, or be expected to last, at least one year or be expected to result in death.
You should apply for disability benefits as soon as you become disabled. It can take a long time to process an application for disability benefits (three to five months). To apply for disability benefits, you will need to complete an application for Social Security benefits and the Adult Disability Report. You can complete the Adult Disability Report. You also can print the Adult Disability Report, complete it and return it to your local Social Security office. We may be able to process your application faster if you help us by getting any other information we need.
We use a five-step process to decide if you are disabled.
  1. Are you working?
    If you are working and your earnings average more than a certain amount each month, we generally will not consider you disabled. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003).
    If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.
  2. Is your medical condition “severe”?
    For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.
  3. Is your medical condition on the List of Impairments?
    The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
  4. Can you do the work you did before?
    At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.
  5. Can you do any other type of work?
    If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.
1513.1 Can you be entitled to benefits retroactively?

You may be entitled to monthly benefits retroactively for months before the month you filed an application for benefits. For example, full retirement age claims and survivor claims may be paid for up to six months retroactively. In certain cases, benefits involving disability up to 12 months may be paid retroactively. (This is not true of the special age 72 payments (see §§346-348), black lung benefits (see Chapter 22), medical insurance (see Chapter 24), or SSI (see Chapter 21).)

Keep in mind if your disability began 17 months or more prior to application, they can retroactively pay you those previous 12 months and for those months after you submit the application until it is approved. The 17 months is important because it allows for them to "withhold" the 5 month waiting period, but still receive maximum retro-pay; 12 months.
Must have been a change; I applied right at the six month mark because that was what was on the web site in 2010; thanks for the new info.
 
I set mine up last week and already got a reply for the SSDI, i was disapproved because i made to much in a year. I am an E-8 so base pay is about 4500 a month. Then they wanted me to fill out paperwork for my claim anyway of which i already did this witht the rep at SFAC. Does not make sense to me.
Here's the latest info; income doesn't matter:

http://www.ssa.gov/woundedwarriors/#a0=14
 
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.
The amount is based on how much you've paid in; and if things drag out you'll get a raise the following year based on how much you've paid in while still on active duty.
 
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