ODAR

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Babs77

PEB Forum Regular Member
Registered Member
I had my ODAR today and the ALJ really hammered me about the fact that I still receive active duty pay. She also really stressed that I would be making "a lot of money" due to my Army pension and my 100 P&T rating. Has anyone else had a similar situation? I explained that my retirement date is April 24th and that since I'm an active duty Soldier I would receive my active pay. She said that my income was outside of the SGA and that she would have to take that into consideration.
The ALJ argued that I was not a wounded warrior since I was not currently in the WTU. She said that she had to take into consideration that I'm not in a medical hold status due the COAD.

I left without a decision, but to no surprise, my lawyer feels confident. Any recommendations or suggestions in the event my income or not a current WTU Soldier status becomes an issue?

Thanks,

~James
 
If you feel an ALJ is biased against you, you can always file a bias complaint with the Agency. A written decision usually takes a long time, because of what the Agency calls right now a "decision crisis," but that being said, since you are a Wounded Warrior, your file goes to the top of the heap. I would file a Congressional and make sure it gets fast-tracked, even more so.
 
I believe the ALJ erred in judgement. You can apply while of AD if you are no longer performing your primary job. The military income is irrelevant.
 
Babs77 said:
I had my ODAR today and the ALJ really hammered me about the fact that I still receive active duty pay. She also really stressed that I would be making "a lot of money" due to my Army pension and my 100 P&T rating. Has anyone else had a similar situation? I explained that my retirement date is April 24th and that since I'm an active duty Soldier I would receive my active pay. She said that my income was outside of the SGA and that she would have to take that into consideration.
The ALJ argued that I was not a wounded warrior since I was not currently in the WTU. She said that she had to take into consideration that I'm not in a medical hold status due the COAD.

I left without a decision, but to no surprise, my lawyer feels confident. Any recommendations or suggestions in the event my income or not a current WTU Soldier status becomes an issue?

Thanks,

~James
Click to expand...

COAD fucked you. If you are in COAD, you are earning SGA. If you were on med hold or WTU, your active duty wages would not count towards SGA.

A workaround for this is to get a memorandum for the record stating that your current COAD orders are compassionate, and only for the purpose of preserving your longevity retirement. Still going to be a tough sell.

Here is the guidance: https://secure.ssa.gov/poms.nsf/lnx/0410505023
 
Really, I've been a COAD since 2006 after the second time I was blown up. I provided a commander's statement that explains I have not had SGA for the past three years, but was allowed to stay so I may complete my 20 years of service. The letter outlined that I was only to complete medical appointments and no longer had the duties or responsibilities of my MOS or grade.

I did not see anything in the guidance you provided that specifically outlines my disqualification for SSDI.

Thanks for the info!

~James
 
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