SSDI says you ain't disabled till 5 months and you get paid the 6 month. Usually it takes so long to get approved that you don't have to worry about it. Just glad you got a good ruling and hopefully soon you will see your first check.
SSDI Hearing tomorrow
- Thread starter Trevis Kelley
- Start date
TSgt Twitch,
Thank you for the info. That makes sense as my lawyer said a couple of months of back pay.
What all would like to know about the hearing? I will lay out an outline of what happened and then you can ask questions from there. I will try to answer any questions as best I can.
The ALJ started by asking basic questions like name, address, etc. Then she turned the hearing over to my lawyer. He asked a long string of questions that I answered as best I could. The lawyer had not gone over the questions before the hearing, but he told me there would be a lot of questions. Those were all mostly over my disabilities and work history. Then the ALJ asked a couple of questions to clarify my work history and one about my disabilities. Then she turned it over to the vocational expert to testify on jobs I could perform with my combined disabilities. The expert had found 3 jobs I could technically do and she testified as to what jobs I might be able to do after some vocational training. Then, the ALJ asked several questions pertaining to the jobs the vocational expert picked. After that, she turned it over to my lawyer to ask the vocational expert some questions. My lawyer kicked ass here and basically made the vocational expert admit that there weren't any jobs that I could get hired for. After that, the hearing was over.
My lawyer earned that back pay, so if that is how it turns out, then I am good with it.
Please ask questions if you have them. I would be happy to help out.
Trevis
I guess the main question is, what jobs where mentioned and what was the replies by your lawyer. The DDS has allready determined that all i could do was sedentary type work, besides the frequent absences, the inability to sit for more than an hour or stand for more than 10 minutes and the frequent bed rest/limited shift availability all ready prescribed by my doctor. What other points of contention/arguments can be made.
Here is part of what I got from the ALJ on what they consider to make their findings:
"At step one, I must determine whether the claimant is participating in substantial gainful activity (SGA)(20 CFR 404.1520(b))."
"At step two, I must determine whether the claimant has a medically determinable impairment that is "severe" or a combination of impairments that is "severe" (20 CFR 404.1520(c))"
"At step three, I must determine whether the claimant's impairment or combination of impairments is of a severity to meet or medically equal the criteria of an impairment listed in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, and 404.1526)" There are also duration requirements at (20 CFR 404.1509). If both requirements are met, then you are disabled. If not, we move on.
"Before I consider step four of the sequential evaluation process, I must first determine the claimant's residual functional capacity (20 CFR 404.1520(e))."
"Next, I must determine at step four whether the claimant has the residual functional capacity to perform the requirements of this past relevant work (20 CFR 404.1520(f))." Other CFRs referenced are 20 CFR 404.1560(b) and 404.1565.
"At the last step of the sequential evaluation process (20 CFR 404.1520(g)), I must determine whether the claimant is able to do any other work considering his residual functional capacity, age, education, and work experience. If the claimant is able to do other work, he is not disabled. If the claimant is not able to do other work and meets the duration requirement, he is disabled."
I write this so that you can use all the regs that the ALJ will use. And you know what method they use to determine so you can find ways to plug your disabilities in there and (hopefully) win.
I cannot remember what jobs were brought up exactly but I think they were pretty much data entry. My lawyer kept making the point that no one wants to hire someone who keeps passing out randomly. Also, the fact that my doctor has told me not to work.
The reason I say the lawyer won it for me is that he was relentless in pressing the vocational expert way past where I would have given up. He pushed her enough that she finally admitted that no one would hire me. Make sure that you get a good lawyer before this step. Your VA disability paperwork will help a lot as well. Award letter with the explanation for the the ratings work really well. I have a couple of pages of the ALJ getting a lot of info from the VA.
As for what contentions or points you could make, I don't know. You should probably claim that you cannot work in the same career field you were trained by the military to do. They look at your past 15 years of job history. I had a sedentary job in that time and when asked about it, I told them that I would not remember how to do the job just walking into it (which was the truth). Also, I would state that no one would hire you based on the frequent absences and the need to sit down, then stand right back up. But, if you have a good lawyer, they will do that for you (and word questions in the best possible way to completely show your disabilities). My lawyer cost 25% of back pay. I would be fine with him getting all of it. But that probably won't happen. Worth every penny, though.
Good luck to you - I hope to hear of your favorable decision soon!
Trevis
"At step one, I must determine whether the claimant is participating in substantial gainful activity (SGA)(20 CFR 404.1520(b))."
"At step two, I must determine whether the claimant has a medically determinable impairment that is "severe" or a combination of impairments that is "severe" (20 CFR 404.1520(c))"
"At step three, I must determine whether the claimant's impairment or combination of impairments is of a severity to meet or medically equal the criteria of an impairment listed in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, and 404.1526)" There are also duration requirements at (20 CFR 404.1509). If both requirements are met, then you are disabled. If not, we move on.
"Before I consider step four of the sequential evaluation process, I must first determine the claimant's residual functional capacity (20 CFR 404.1520(e))."
"Next, I must determine at step four whether the claimant has the residual functional capacity to perform the requirements of this past relevant work (20 CFR 404.1520(f))." Other CFRs referenced are 20 CFR 404.1560(b) and 404.1565.
"At the last step of the sequential evaluation process (20 CFR 404.1520(g)), I must determine whether the claimant is able to do any other work considering his residual functional capacity, age, education, and work experience. If the claimant is able to do other work, he is not disabled. If the claimant is not able to do other work and meets the duration requirement, he is disabled."
I write this so that you can use all the regs that the ALJ will use. And you know what method they use to determine so you can find ways to plug your disabilities in there and (hopefully) win.
I cannot remember what jobs were brought up exactly but I think they were pretty much data entry. My lawyer kept making the point that no one wants to hire someone who keeps passing out randomly. Also, the fact that my doctor has told me not to work.
The reason I say the lawyer won it for me is that he was relentless in pressing the vocational expert way past where I would have given up. He pushed her enough that she finally admitted that no one would hire me. Make sure that you get a good lawyer before this step. Your VA disability paperwork will help a lot as well. Award letter with the explanation for the the ratings work really well. I have a couple of pages of the ALJ getting a lot of info from the VA.
As for what contentions or points you could make, I don't know. You should probably claim that you cannot work in the same career field you were trained by the military to do. They look at your past 15 years of job history. I had a sedentary job in that time and when asked about it, I told them that I would not remember how to do the job just walking into it (which was the truth). Also, I would state that no one would hire you based on the frequent absences and the need to sit down, then stand right back up. But, if you have a good lawyer, they will do that for you (and word questions in the best possible way to completely show your disabilities). My lawyer cost 25% of back pay. I would be fine with him getting all of it. But that probably won't happen. Worth every penny, though.
Good luck to you - I hope to hear of your favorable decision soon!
Trevis
Keep in mind that if you are under fifty you will be re-evaluated every couple of years... after 55 they only look at your case if your income exceed the maximum. Medical Retirement Pay, CRSC and VA Compensation are exempt. 
ND,
I am going to be re-eval'd in one year. I did verify that it is one year from the decision date, not from the disability date. I am not worried about it because by then I will either be cleared to work and be working or I won't be cleared and it will just turn into a re-up for SSDI.
Zomg,
You are welcome. I hope it can be useful for those going through this process. That's what this forum is for!
Trevis
I am going to be re-eval'd in one year. I did verify that it is one year from the decision date, not from the disability date. I am not worried about it because by then I will either be cleared to work and be working or I won't be cleared and it will just turn into a re-up for SSDI.
Zomg,
You are welcome. I hope it can be useful for those going through this process. That's what this forum is for!
Trevis
Great, My comment was really for anyone that may be reading the tread in the future and their need to realize that re-evaluation happens @ Social Security and the Veterans Administration... 
I hope within 1-2 years after retirement/sep to be able to work. The thing is I have to decide if i want relief via replacing the left hip and risk the consequences (had major complications with the first one) in addition to the long term complications of having hips replaced so early in life, or if my physical therapist is to be believed, given 3-4x a week 1-2hrs a time for a year he can have me back to at least 75% normal. Either way I know for a fact, that trying to go to work everyday right now is killing me and not allowing my bones/body to heal properly, because I am too exhausted after my 4hr shift of uselessness to rehab much beyond my stretches.
I hear you there!!! My back, knees, and hands all have such arthritis that I spend most of my day in a chair (recliner). I utilize a cane to help me up when I need to get out of the chair. I have been doing many exercises given to me by my doctor, but as soon as I am done with them I am too tired to do anything else. I have not noticed things getting better, but it has only been a month or so since I started them. I also try to walk a little ways daily, but some days I am not able to get out for that. Such a drop off from my glory days of running 13 miles a day in the desert. I really wish I could work right now. It is so hard to sit around all day. I have no idea how others do it.
You may want to double check this against the date that you filed. For my own personal case, I filed for SSDI 10 months after my last date of SGA with the Army (basically my last date was when I had surgery and was put on 60 days con leave them sent to the WTU.
Timeline:
Last Day SGA, 28 July 2009
Filed SSDI, 10 May 2010
ALJ Hearing 14 Sept 2012 (awarded benefits)
First day of pre-wait eligibility 01 August 2009)
Five month wait
First date of true eligibility 01 Jan 2010
First date of regular monthly payments 01 Nov 2012
Date backpay was given 01 Dec 2012 (34 months)
From what I had been told by the ALJ was that if you file for benefits within 12 months of your initial injury that caused you to no longer be able to perform SGA than your benefits determination date would be that day, however if you had waited and filed greater than 12 months after last day of SGA then the claim will only be back dated by 12 months.
I am guessing that this is also just for general info. My timeline:
Last Day SGA, 5 Oct 2012
Filed SSDI, 15 Oct 2012
ALJ Hearing, 23 Apr 2012
First day of pre-wait eligibility, 5 Oct 2012
First date of true eligibility (should be), 5 Mar 2013
Next eligibility review date, 23 Apr 2013
Still awaiting pay and decision letter that spells everything out.
Given that you aren't going to receive any payment for 5 months after, this means that the maximum back pay you could get is 7 months. That's ridiculous! Is it just me or is the SSA just robbing people of their money? Especially for Veterans who broke their bodies serving their country!
Ok, rant over. Thank you for the info, gsfowler!
Trevis
Also the SSDI works on the next calendar month so like in my case, my last day of SGA was 28 Jul 2009 (first month of the five month wait, so it was Aug, Sep, Oct, Nov, Dec with my first date of Payment being Jan 2010.
For you your pre-wait will be Nov, Dec, Jan, Feb, Mar, April with your first payment to begin May 1st 2013. It takes about three months from when you leave the ALJ hearing to see your first direct deposit, the back pay will come a couple of months after that.
Your attorney is entitled to 25% of you back pay or $5000.00 (whichever is less) plus adminstrative fees such and photocopy, postage, etc.
Since you case went through so quickly, the Attorney is not going to get very much.
To me, that is a cop out. The SSA should take care of that! I never heard of a State Disability claim, much less how to make one. That is the problem with benefits in this country. We separate everything and make it near impossible to know everything you need to know. There is no one stop shop where they tell you everything you need to apply for and how to do it. Also, why would the SSA hide that as their reason? I looked all over their site for an answer, but couldn't find it. Why not just say that up front?
I hope you don't take that personally. I am just upset about some of our social services. Seems like if we made things simpler to apply for, we would save a bundle on all the people we hire and paperwork we go through if we would consolidate some things so they make more sense.
Thank you for the info again, gsfowler! At least now I know why!
Trevis
Hey Travis, I know your frustrated but the Social Security Wound Warrior Exemption only kicked in about the time the surge in Iraq did. The criteria is clearly stated and it talks about that 6 months that is bothering you... I have never looked into a state disability claim but my hunch is you would not qualify because you are still receiving a paycheck from uncle sam... Just saying
Correct, as of today there is no Military Casualty (wounded warrior) program for the State Disability Process. Typically you are referred by your PCM and the State Disabilty Insurance (SDI) is short term (for those who are anticipated to be disabled less than six months).
The biggest bummer is that the SDD office is the first line of defense for SSDI claims. There is a general concensus that you wil get denied the first time around automatically (this is not a law but rather the general accepted perception because of the super-majority of experiences).
The biggest bummer is that the SDD office is the first line of defense for SSDI claims. There is a general concensus that you wil get denied the first time around automatically (this is not a law but rather the general accepted perception because of the super-majority of experiences).
gsfowler,
Thank you for the information! My VA doctor didn't even mention this and she's the one that told me that I cannot work! I wonder if I can apply after the fact and have them retro it.
Trevis
Thank you for the information! My VA doctor didn't even mention this and she's the one that told me that I cannot work! I wonder if I can apply after the fact and have them retro it.
Trevis
My retro SSDI came in about 30-45 days after the date on my the SSDI award letter.
Now, get thee to a good tax person! Depending on your award amount, and how much retro money paid is for year 2012 and how much is for 2013, you might get a small break on your tax liability.
But do get thee to a tax person as you can amend your 2012 return and get ready with a possible tax liability estimate for your 2013 return.
Congrats on your SSDI award!
nwlivewire
It really depends on the state, doesn't hurt to ask about it... Chances are your VA Doc was focused on the VA part and only knows her part in the puzzle... My Guess, you will not qualify because on income.