I was denied as well. I didn't have my VA ratings (proposed) yet, but now I do. I received 100% P&T from VA, so hopefully that will bolster my SSDI appeal.
Filed SSDI...
- Thread starter Jarhead0724
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Mine said the same..."not severe enough". I haven't officially submitted an appeal, because I was waiting for my PEB ratings to decide if appeal here in Ca, or wait til I get home to Mo. Depending on the dates of my FPEB, we will see.
You may want to include a copy of the NMA (Non Medical Assessment) from your command if details how your condition makes it difficult or impossible to work reliably or for any length of time. I have appealed my initial SSDI denial and included my NMA , which I found out after the denial wasn't in the documents from the DoD, PEB/MEB, medical records and other sources the SSA used to determine my case.
Tony,
I looked on my form and there is no specific form number but here is the header of the letter reads as follows
Ref: SECNAVINST 1850.4E
1. Purpose: The Non-Medical Assessment (NMA) is vital to the timely, fair, and transparent determination of whether a Marine or Sailor is Fit (or Unfit) for continued naval service. The NMA is not a Fitness Report highlighting military character, but is the Commanding Officer’s unbiased and accurate comments describing how the medical condition impacts the Service Member’s ability to function within his/her rank and MOS/rating.
Part I, the “Questionnaire,” collects required facts regarding the Service Member.
Part II, the “Commanding Officer’s Comments,” is where the PEB relies on the CO’s comments to explain how the Member performs the duties of his/her MOS/Rate with their underlying medical condition(s). The NMA must be signed by the Commanding Officer or Acting; “by direction” is not authorized.
I looked on my form and there is no specific form number but here is the header of the letter reads as follows
Ref: SECNAVINST 1850.4E
1. Purpose: The Non-Medical Assessment (NMA) is vital to the timely, fair, and transparent determination of whether a Marine or Sailor is Fit (or Unfit) for continued naval service. The NMA is not a Fitness Report highlighting military character, but is the Commanding Officer’s unbiased and accurate comments describing how the medical condition impacts the Service Member’s ability to function within his/her rank and MOS/rating.
Part I, the “Questionnaire,” collects required facts regarding the Service Member.
Part II, the “Commanding Officer’s Comments,” is where the PEB relies on the CO’s comments to explain how the Member performs the duties of his/her MOS/Rate with their underlying medical condition(s). The NMA must be signed by the Commanding Officer or Acting; “by direction” is not authorized.
Well you may want to be sure the SSA received it. Even though it was part of the MEB process ,the SSA did not have a copy of it on my first SSDI application.
I honestly feel that SSA is in cahoots with SSDI lawyers. There was absolutely NO reason SSA should have denied my claim. I hire a lawyer, then another SSA doctor reviews my records and says I am without a doubt completely disabled. I wonder what would have happened if I did not hire an attorney.
I applied for SSDI early this month through WW and still waiting for an answer. Also included my Narsum, Commanders Letter, and all my Army profiles. Also applied for unemployment and got denied letter the other day stating " unable to work because I'm still under doctors care and they have not release me for work according to unemployment. If I get denied SSDI, I'm going straight to a lawyer. I was told I have to file first and received the denial letter and present it to lawyer that's why I filed first. I was going to use the lawyer first go round but was told I need to get denied first. Who are great SSDI lawyer in Texas? Thanks.
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@ssdlawyer is a member here on the forums. Not sure where he is located. Not giving a reference or endorsement, just from what I have seen, is a competent attorney who would likely be able to chime in. (And, by my previous statement, don't think I am "damning with faint praise," or the like. I don't practice in the SSDI arena; while I have some basic familiarity with the rules/regulations/concepts, I only have this as part of trying to identify for clients when they should apply and when they have a case. I don't offer endorsements for attorneys about things that I am not qualified to opine on and certainly when I have no basis to evaluate the practice of another lawyer.
Hopefully, he will see this and offer some input. And/or, feel free to private message him and see if he can help.
Hopefully, he will see this and offer some input. And/or, feel free to private message him and see if he can help.
I just now caught this. That said, I am pretty beat and cannot sit down and do a more thorough job until later; however, it always helps for SMs and veterans to keep in mind that SSD under the CFR is disability by another set of laws, i.e. 1) Is the claimant engaged in SGA? 2) Does the claimant have MDI (="medically-determinable impairments"); 3) Does claimant have an impairment that meets/equals the CFR Listings?; 4) What is the claimant's RFC (i.e. the most they can do under their MDIs); 5) Can claimant do his/her PRW (="past relevant work"); 6) Is there other work the claimant can do, given their MDIs?
That's a highly reduced picture of the SSD statutory scheme. VA and Army or other military MEB/PEB findings are not mandatory authority in the determination of SSD or SSI. However, a SM or veteran separating with a 100% finding of military system disability are supposedly fast-tracked in the initial Agency or SSD determination of disability, although I have seen this process go absolutely nowhere of late.
I will have to look at the rest of the thread, and see what folks are trying to get at. SSD (T2) and SSI (T16) are highly nuanced and detailed determinations of disability, and--although as a veteran I am favorable to veterans and SMs getting their fair share at the pie--it's not always a set-up aware of service specific injuries, say a USMC 0300 or Army 11B, and thus it often wears down and defeats the SM's and veteran's patience. More later.
That's a highly reduced picture of the SSD statutory scheme. VA and Army or other military MEB/PEB findings are not mandatory authority in the determination of SSD or SSI. However, a SM or veteran separating with a 100% finding of military system disability are supposedly fast-tracked in the initial Agency or SSD determination of disability, although I have seen this process go absolutely nowhere of late.
I will have to look at the rest of the thread, and see what folks are trying to get at. SSD (T2) and SSI (T16) are highly nuanced and detailed determinations of disability, and--although as a veteran I am favorable to veterans and SMs getting their fair share at the pie--it's not always a set-up aware of service specific injuries, say a USMC 0300 or Army 11B, and thus it often wears down and defeats the SM's and veteran's patience. More later.
Well,
I just received my denial letter for my SSDI appeal. The reason give was "We find that the previous determination denying your claim was proper under the law". Sounds like a "vanilla" denial letter to me.
Is anyone here familiar with a good SSDI lawyer in the Bethesda/DC Area?
I just received my denial letter for my SSDI appeal. The reason give was "We find that the previous determination denying your claim was proper under the law". Sounds like a "vanilla" denial letter to me.
Is anyone here familiar with a good SSDI lawyer in the Bethesda/DC Area?
When I initially applied, I was freshly referred to PEB. The VA documentation wasn't supplied, because it didn't exist yet. Now I'm sitting on SSDI initial denial, but I now have my Proposed VA ratings...100% P&T. Hopefully that will help with the appeal.