Filed SSDI...

I was rated at 100% and my Command NMA clearly shows m
Jarhead0724 said:
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.
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When I applied/appealed I was rated at 100% had all the VA/DoD/MEB documentaion and had a letter (NMA) from my CO which clearly demonstrated how my condition keeps me from working and was still denied.

I can empathize with HAWKEYE99, there should have been no reason to deny my claim, and yet .... they did.

I meeting with an attorney next week and will see what insight they have.
 
Baylenkm, How long did it take to get the second denial? I applied for unemployment in the meantime.
 
jlbbc said:
Baylenkm, How long did it take to get the second denial? I applied for unemployment in the meantime.
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+- 60 Days.

Not saying this is true/fact by any means but have been told and read unemployment can hurt your SSDI case because it shows that you are looking for work or could do some type of work.
 
It's crazy how hit or miss this system is. I applied back in Jan 2015, and was accepted and started receiving benefits in June for myself and kids. My NARSUM was finally completed two days ago after the DOC's dragging their feet for 8 months.
 
Congrats on an easy application process, Unfortunately it seems like you are the minority. If you don't mind me asking what state did you apply in?
 
I filed in Maryland under the same WW program. I really frustrated i was denied on appeal.

Here is an excerpt from my NMA which was sent with my SSDI appeal.
PART II: Commanding Officer’s Comments:



Prior to his current medical condition, "" was a physically active Sailor who performed his duties reliably and with enthusiasm. Unfortunately, his medical condition will no longer allow him to focus on mission or physical readiness for more than a short time without fainting or becoming disoriented. On the occasions when "" could make it to work he would almost always need to be sent home or to medical at some point in the day. He has been on a Limited Duty Status for 17 months, which in addition to preventing him from performing his duties, has restricted his use of a motor vehicle making getting to and from work difficult and puts an additional burden on his shipmates. Additionally, as a result of his inability to perform his duties it has been necessary to remove him from his workcenter and excuse him from all training and qualification requirements. Member has been seeking medical treatment and is diligent in attending all appointments, but so far all treatments have failed to restore "" to a condition that would allow him to perform his duties as required by his rating and as a Sailor in the United States Navy.



3. The Commanding Officer submits the following comments so the PEB can make a determination of Fitness/Unfitness for this Member:



a. How does the medical condition(s) impact the Member’s work capacity in relation to his/her MOS/RATE? (MOS/RATE requirements can be found in MCO 1200.17A (4 Jun 09) for Marines; Volume 1 of NAVPERS 18068F October 2010 for Sailors).



Member’s medical condition impacts his work capacity by 100 percent. Most times, member is unable to report for work due to his condition. When he is able to report for work he is incapable of performing his duties as required by his rate due to the frequency and severity of his symptoms. The "" rating requires that Sailors be able to utilize "" systems to perform mission essential tasks for which "" is unable to perform due to his inability to remain in his workcenter for extended periods of time in a non-debilitating physical condition. He is in a mission critical rating, but has not worked in his rating since he began having medical issues.
 
Man, that's crazy. Wish I could offer advise but I didn't have to jump through any hoops at all. They scheduled one state medical appointment to verify some information in my records and that was it. I was expecting the run around after being on this forum a while, but it never happened.

I wish you luck!
 
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Well, I meet with an attorney on Tuesday so hopefully that will yield some results. I honestly think , in my case I shouldn't have had to hire one. To me, my case seems is pretty clear....
 
Hmm, my thought was that if SSDI says nope, you are employable, and I try to look for work but can't get hired that would benefit my case. I mean my TBI balance problems alone would make any company fear a workers compensation case should I fall, lol. I'm holding nothing back when looking for work. I won't lie or exaggerate, I don't need to.
 
So I just returned from my consult with a SSDI attorney and did not get good a impression. I had to ask her to read my documentation (NMA, NARSUM etc ) as I felt it would be important to a case such as mine.
She didn't want to look at them because they were not from a/my doctor and thought they would have no bearing on my case since it wasn't from a doctor. You can see a few posts up I posted a small expert from my NMA and to me, if I was a judge or on was making a decision on a persons ability to work , it would be extremely relevant .
She also had never dealt with a Wounded Worrier SSDI case. I found this out by asking if there was any way to expedite the ALJ hearing since I am a Wounded Worrier and her response was "I don't know, I have never dealt with a wounded worrier, you are my first"
Don't get me wrong she was very intelligent but I honestly feel I need representation that has experience with situations that would apply to me or most on this forum.

Any advice, comments are welcomed and recommendations on good SSDI attorney that has experience with Wounded Worriers would be greatly appreciated.
 
Any SM who has a treating physician, which is under SSD law has weight more than consultative/DDS examiners, etc., should be able to use that TP's opinion evidence in establishing disability. The only take-away that I am getting from this thread is the apparent mismatch in understanding what SSD/SSI disability is and what it is under the various military systems. I have pointed that, i.e. what it is under the SSD/SSI system, as 5-step sequential process, and one can only be found disabled under the statutes at Step 3 and 5. That's why I tell SMs to use their 100 percent disability awards by the various PEBs to expedite the process through SSA. I am sitting in a train station, and waiting on a train, and thought to try to clarify a few things, were that possible. Perhaps I can offer a few more words this weekend.
 
Baylenkm said:
Anyone???
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Hello Baylenkm,
I am new on this forum and do a lot of reading from other members post. Do not give up your fight to get what you are deserving to have. This is what a lot of people do because it is a draining process for some. I would not waist my time, energy or money on an Attorney that you have to ask to read anything concerning what was a medical basis used to determine your medical rating from the Service (NARSUM). I am Army and my NARSUM was signed by a D.O (Doctor of Osteopathic). That recommendation from the DO carried a lot of weight for the next step before going to the PEB. Your NARSUM is important. (Maybe not as important for SSDI due to what they use to say you are unemployable) As I have gotten older I just don't have the tolerance to deal with Professionals whom I am paying that do not want to listen to me to hear what I am saying and ones I have to second guess such as when I leave from seeing them I have to get straight on the Internet in the car. When you have to question yourself that something does not feel right; it is cause it's not! Maybe I'm wrong but you have to go with your gut feelings. I wish you the best of luck because I am waiting on my 1st decision in GA after filing in June for SSDI as a Wounded Warrior.
 
Well, I found another attorney and I will be meeting with him Wednesday. He was VERY knowledgeable, an Army veteran , and asked me the questions over the phone that I felt an attorney with experience in handling WW cases should ask. Ill let you guys know in Wednesday how things go.
 
I got my VA rating....100% P&T. I was denied first go around, without any VA info submitted. Maybe I'll reapply with my VA rating & see how it goes. I'd really like to open my own business, but we'll see.
 
Baylenkm said:
Well, I found another attorney and I will be meeting with him Wednesday. He was VERY knowledgeable, an Army veteran , and asked me the questions over the phone that I felt an attorney with experience in handling WW cases should ask. Ill let you guys know in Wednesday how things go.
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Hello Baylenkm,
I am so glad you kept looking until you found someone you felt comfortable with. You knew that the other person just did not feel right and up to your expectations.
I will be following you to see how everything goes. Fingers crossed!
 
Jarhead0724 said:
I got my VA rating....100% P&T. I was denied first go around, without any VA info submitted. Maybe I'll reapply with my VA rating & see how it goes. I'd really like to open my own business, but we'll see.
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Hey Jarhead0724, CONGRATULATIONS! I am happy for you because you know what struggles others are having out here trying to get their 100%. Opening your own business is a great idea as well. What type do you want to open? I've heard that it is something under the VRAP program that gives money to start up your own business. I'm not for sure though. Well keep us posted of your successes. This forum gives us hope and answers we could not get else where.
 
Thank you. I'd really like to open an 07/02 FFL. I'd love to find a program that'll help with business startup. I plan on starting out in garage & after a year move storefront, that way I can minimize any loans...which I ultimately don't want any. Never heard of VRAP though. Looks like I have some googling to do!
 
So I met with a new attorney today and what a world of difference. He was very knowledgable and thought I had a good case, in fact he said I should have been approved just on the basis of my METS score alone.

If any of you guys are in the DC are and looking for a good SSDI lawyer I would highly recommend him. PM me if you would like his contact information. I will keep you guys updated.
 
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