Social Security Help TDRL

T

tsmith2

PEB Forum Regular Member
I was put on TDRL from active Army with a 50% rating as of 13 Dec 11. I went to the WTB when I was still at JBLM to apply for Soc Sec as I was finally made aware that was an option after months of being in the MEB/PEB process. I started all the paperwork and put the date of my injury Sept 2010 as the start date as I could no longer perform my duties for my MOS and grade 25S E-5 after that time. (I ruptured my L5-S1 and hernitated L4-L5 discs). That was in July 2011. In October 2011 I received a letter of denial so I sent an appeal. This is also when the PEB process was finally completed as I signed out of JBLM on 31 Oct. I had accrued enough leave to run thru 13 Dec. So so start Nov my family made the cross country trip to Ohio. In March of this year I received a denial on my appeal. This prompted me to go seek a lawyer. In doing so they have been gathering info for my case. I received a call this past Friday questioning why my start date for Soc Sec was Sept 2010. I informed the para-legal that was when my injury occured that prevented me from being able to work. They responed with "but you were in the Army until Dec 2011. So your start date should be Dec 2011." I tried to explain about the MEB/PEB process and how it is very long and takes a good year or so to complete. They did not understand. I was hoping someone on here might have some insight on how to explain the situation or if there are any of the MEB/PEB timeline packets that showed the usual times it takes to complete. I am not close to a military base so I do not think the lawyer has much experience with dealing with military. They were the only ones in a three county area that specialized in Soc Sec. I did have the MEB/PEB packets but unfortunely tossed them after returning to Ohio thinking I would never need them again. Now I know better.
I would be grateful for any help.
 
tsmith2 said:
I was put on TDRL from active Army with a 50% rating as of 13 Dec 11. I went to the WTB when I was still at JBLM to apply for Soc Sec as I was finally made aware that was an option after months of being in the MEB/PEB process. I started all the paperwork and put the date of my injury Sept 2010 as the start date as I could no longer perform my duties for my MOS and grade 25S E-5 after that time. (I ruptured my L5-S1 and hernitated L4-L5 discs). That was in July 2011. In October 2011 I received a letter of denial so I sent an appeal. This is also when the PEB process was finally completed as I signed out of JBLM on 31 Oct. I had accrued enough leave to run thru 13 Dec. So so start Nov my family made the cross country trip to Ohio. In March of this year I received a denial on my appeal. This prompted me to go seek a lawyer. In doing so they have been gathering info for my case. I received a call this past Friday questioning why my start date for Soc Sec was Sept 2010. I informed the para-legal that was when my injury occured that prevented me from being able to work. They responed with "but you were in the Army until Dec 2011. So your start date should be Dec 2011." I tried to explain about the MEB/PEB process and how it is very long and takes a good year or so to complete. They did not understand. I was hoping someone on here might have some insight on how to explain the situation or if there are any of the MEB/PEB timeline packets that showed the usual times it takes to complete. I am not close to a military base so I do not think the lawyer has much experience with dealing with military. They were the only ones in a three county area that specialized in Soc Sec. I did have the MEB/PEB packets but unfortunely tossed them after returning to Ohio thinking I would never need them again. Now I know better.
I would be grateful for any help.
Click to expand...

Have your para legal go to the folowing links below...... It's self explanatory..... if he doesn't understand...... seek new council.
In the mean time I would request copies of your medical records..... are you seeing VA?
SSDI WOUNDED WARRIOR APPLICATION
SSA Publication No. 05-10030
http://www.ssa.gov/woundedwarriors/

GOOD LUCK ;) BRAVEHART
 
Thanks. Very helpful.
I do have copies of all my medical records and am currently seeing my local VA clinic. Which is not going as smooth as I had hoped but seems better than the PEB process so I can't complain.
I will pass this on and if they still can't figure it out will go outside my radius for new councel. Which if there is anyone in the southeasten Ohio are that can recommend someone I would be grateful.
 
My SS case was based on date of disability, not date of separation. The law firm needs to understand that; it's pretty elementary for them. I would probably just fire them at this point. Hire a new lawyer who understands what they are doing. Keep in mind they don't have to be local to represent you.

Also, contact the PEB and ask for a copy of your decision/proceedings.
 
tsmith2 said:
Thanks. Very helpful.
I do have copies of all my medical records and am currently seeing my local VA clinic. Which is not going as smooth as I had hoped but seems better than the PEB process so I can't complain.
I will pass this on and if they still can't figure it out will go outside my radius for new councel. Which if there is anyone in the southeasten Ohio are that can recommend someone I would be grateful.
Click to expand...

If done on the proper form.... you may not evan need a lawyer.... many times soldier don't sumbit it correctly and it gets turned down.... then they fill out the wounded warrior ssn app on line and it gets approved.. if you need more help... holler ;)
 
NDBravehart84 said:
If done on the proper form.... you may not evan need a lawyer.... many times soldier don't sumbit it correctly and it gets turned down.... then they fill out the wounded warrior ssn app on line and it gets approved.. if you need more help... holler ;)
Click to expand...
I agree with you Bravehart, but when facing the 3rd level of appeals, it may not be worth fighting alone. If initially filing or even on 1st reconsideration I think going at it alone is not bad. However, depending on the case and with so much to lose with this being the appeal before the Judge, counsel could be a tremendous asset. Just my two cents.
 
pittpan2005 said:
I agree with you Bravehart, but when facing the 3rd level of appeals, it may not be worth fighting alone. If initially filing or even on 1st reconsideration I think going at it alone is not bad. However, depending on the case and with so much to lose with this being the appeal before the Judge, counsel could be a tremendous asset. Just my two cents.
Click to expand...

I agree with you pitt, point well taken alot is at stake.... and I think livewire said council is limited to how much they can charge for their assistance........ ;)
 
tsmith2 said:
Thanks. Very helpful.
I do have copies of all my medical records and am currently seeing my local VA clinic. Which is not going as smooth as I had hoped but seems better than the PEB process so I can't complain.
I will pass this on and if they still can't figure it out will go outside my radius for new councel. Which if there is anyone in the southeasten Ohio are that can recommend someone I would be grateful.
Click to expand...

Follow this link: http://www.socialsecuritydisability.ws/ohio/ohio_social_security_disability_lawyer.html ,
Fill in the blanks..... attorney's from your area will come up. they are approved by Social Security..... ;)
 
I have yet to see an application at the provided link that is different from the default application process. basically when you go to the wounded warrior link it has the faq and an "apply online" button which takews you tot he standard form for application. From what it looks like from others replies is folks use the notes section and write "wounded warrior" in it. But that may not apply since you are now out.
 
Hi! nwlivewire here.

I found a SSDI lawyer NOT nationally advertising - but a local area law firm that had two lawyers in their firm who practiced this type of law. Interviewed 2 different firms in my town - found the one I felt was most experienced - and they DID NOT take any money up front.

If they won my case - that's when they got paid. If not - they didn't earn their pay.

Federal gov't has a legal limit on their fees, so SSDI lawyers can't attorney "price gouge" you.

In my case, my SSDI lawyer had been doing this type of law for many years, AND was professionally familiar with the SSDI court and players.

My time in SSDI "court" took 45 minutes - was a slam dunk! Lawyer worth every penny!

I think the limit for fees is 6500-6600 - not counting misc. costs like photocopying, etc. But a good SSDI lawyer doesn't take money up front - only when after they win and the non0misc fee comes out of your SSDI retro check.

v/r,

nwlivewire
 
TSgt Twitch said:
I have yet to see an application at the provided link that is different from the default application process. basically when you go to the wounded warrior link it has the faq and an "apply online" button which takews you tot he standard form for application. From what it looks like from others replies is folks use the notes section and write "wounded warrior" in it. But that may not apply since you are now out.
Click to expand...

Hmmmmmm, not so in my case. I attempted to do the on line application but kept gettin booted because I was taking to long.....
Social Security called the next day and they did the application for me over the phone. They mailed it to from the local office to sign.....
And It Was Clearly Marked "WOUNDED WARRIOR" With A OFFICIAL MANUAL REFERENCED If The Branch Office Had Questions.
I Don't Think They Printed A Special Application Just For Me..... ;)
 
They might of had a paper version, but what I am saying is at the wounded warrior SSDI Link the application is the same as the standard.
 
TSgt Twitch said:
They might of had a paper version, but what I am saying is at the wounded warrior SSDI Link the application is the same as the standard.
Click to expand...
I agree as well Twitch. Upon completion of my form, and the subsequent telephone call from SSA the following day. Never was my information verified as "wounded warrior" by any SSA representative. Only when I brought up the Publication No. 05-10030 did they even stutter in their "scripted" replies. She was nice over the phone though, and took down additional work history information, helped me align my wages with years/place of work, and mailed me a form stating my case had been entered into the system. Again on this document though, there was nothing showing "wounded warriors" yet again, and states 120 days timeline for processing. Either way, eventually I'll be receiving it. Hopefully soon!

Klam
 
klamsnacks said:
I agree as well Twitch. Upon completion of my form, and the subsequent telephone call from SSA the following day. Never was my information verified as "wounded warrior" by any SSA representative. Only when I brought up the Publication No. 05-10030 did they even stutter in their "scripted" replies. She was nice over the phone though, and took down additional work history information, helped me align my wages with years/place of work, and mailed me a form stating my case had been entered into the system. Again on this document though, there was nothing showing "wounded warriors" yet again, and states 120 days timeline for processing. Either way, eventually I'll be receiving it. Hopefully soon!

Klam
Click to expand...

I had to educate the SSDI intake clerks, too. I brought the PUB with me - and even had the in-take person write WOUNDED WARRIOR across the top of my application.

None of it did a damned bit of good.

Holy Cow!

I admire the ones who had/will have competant SSDI staff and were/are able to get their applications processed and approved without having to hire and pay for a lawyer and wait almost two years!

Sure hope things go faster and better now that we've had this on-line program for almost four years now with SSDI.

Good grief! SSDI is starting to rank right up there with the military IDES process - the "new and improved" system.

Yes. It's new. But sometimes I wonder just how improved it is.... four years and SSDI is still having problems getting their people trained up to know about these "new" four-year old rules.

Holy Cow!

(Is this any way to run a country?)

v/r,
nwlivewire
 
I feel your pain with SSDI. I started my claim a year ago. I was initially pushed through for my 1st look and the my 1st appeal came pretty quickly, but that 2nd appeal in front of the Judge is taking forever. Good news is I have my hearing on 25 July. I will already be on terminal leave and its the only reason I am not leaving Hawaii until I attend my hearing. The reason SSDI is right up there right now with IDES, is mostly due to the poor economy. Everyone is submitting for SDDI!
 
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