SSDI

T

thepencilthief

PEB Forum Regular Member
Registered Member
Husband is AD, on limited duty for 6 months. Just was approved to the wounded warrior program-Cat 2. The WW lady came to see us, and handed us the SSDI application. He's making O-5 pay, significantly over what is authorized as SGA. I realize though that SS office should not take that salary into account since he's only working a couple hours each week doing minimal work.
He has aggressive MS, and major depressive disorder. Severe fatigue, unable to drive, uses cane/walker, R sided weakness/numbness, herniated discs in neck, neuropathy...etc. All of this is documented very well.

WW lady still said "expect a denial".

Is there anything I can do to get it approved first time while we wait for this retirement process to play out? He has a phone meeting in 2 weeks with the SS office. He will not be able to work after he is medically retired. Just working limdu has been very difficult for him.

We're in CA which seems to have a low approval rate of SSDI applicants.

However, when I contacted an advocate to just have them apply on his behalf, they didn't seem to know anything about applying while still active duty because the wages appear too high and would disqualify you.

I guess right now, he's going to apply over the phone and just hope for the best and hope he gets an educated representative to read through his files and disregard his active pay during this limited duty/retirement process.

If anyone has any thoughts or tips, would appreciate hearing what worked for you.
Thanks
 
What worked for me was consistency. SS sent me several forms mostly about what I can/can't to activities if daily living and such. My wife also filled out forms too about my ADLs. These were consistent and I was sent to an independent neurologist who verified the disease I had and the severity. I was then approved but I did not get backpay.

SSDI is not supposed to count mititary pay as SGA. I don't have any reference to give for that though I have seen people confirm it numerous times on this board.
 
Attached is their rules (page 8 especially), which they seem to ignore or be unaware of.

I applied in early 2014, before I had a solid diagnosis, hurting the case. Also in Cali, the military wages "hurt" the case even though it's not supposed to.

I recently applied again after being retired and waiting it out for a decision.

I will say in the 2+ years it took to be discharged that's more time and wages to be paying into the SS system. My projected benefit for SSDI went from I believe $1340 to $1520 from then to now.

For an O-5 with much higher wages waiting has its pro/cons.

Pro: Higher benefit available later. However, If it was approved now, that plus AD wages would be great while they both last.

Con: Will they ignore own rules and deny based on SGA assumed too high/ignore own rules? Possibly.

You won't know what will happen if you don't apply. If you apply and are denied now, there is no long standing negative affect.
 

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thepencilthief said:
Husband is AD, on limited duty for 6 months. Just was approved to the wounded warrior program-Cat 2. The WW lady came to see us, and handed us the SSDI application. He's making O-5 pay, significantly over what is authorized as SGA. I realize though that SS office should not take that salary into account since he's only working a couple hours each week doing minimal work.
He has aggressive MS, and major depressive disorder. Severe fatigue, unable to drive, uses cane/walker, R sided weakness/numbness, herniated discs in neck, neuropathy...etc. All of this is documented very well.

WW lady still said "expect a denial".

Is there anything I can do to get it approved first time while we wait for this retirement process to play out? He has a phone meeting in 2 weeks with the SS office. He will not be able to work after he is medically retired. Just working limdu has been very difficult for him.

We're in CA which seems to have a low approval rate of SSDI applicants.

However, when I contacted an advocate to just have them apply on his behalf, they didn't seem to know anything about applying while still active duty because the wages appear too high and would disqualify you.

I guess right now, he's going to apply over the phone and just hope for the best and hope he gets an educated representative to read through his files and disregard his active pay during this limited duty/retirement process.

If anyone has any thoughts or tips, would appreciate hearing what worked for you.
Thanks
Click to expand...
Welcome to the PEB Forum! :)

The following URL dictates additional information to potentially yield some assistance in the pursuit for SSA SSDI disability compensation:
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
I was an AD O-6. I applied why on AD via the computer and was approved the first time. You have to wait 5 months from the date of application to receive pay. Apply ASAP and get the 5 month ticker started.

I signed a waiver allowing the SSA to see my medical records. I did almost nothing after applying on line. One additional paper came asking me what my limitation were.

In about 60 days I received an approval letter.

Be sure you provide maximal information about doctors and hospitals on the application. This will help ensure all the medical documentation is gathered.
 
chaplaincharlie said:
I was an AD O-6. I applied why on AD via the computer and was approved the first time. You have to wait 5 months from the date of application to receive pay. Apply ASAP and get the 5 month ticker started.

I signed a waiver allowing the SSA to see my medical records. I did almost nothing after applying on line. One additional paper came asking me what my limitation were.

In about 60 days I received an approval letter.

Be sure you provide maximal information about doctors and hospitals on the application. This will help ensure all the medical documentation is gathered.
Click to expand...


Thank you. Do you think it's better to apply online or via telephone with SSA rep? We do have plenty of accurate and detailed documentation and I have all medical records to walk in myself and drop off. I was unsure about the telephone because we're relying on whoever works the case to write it out accurately on their end--at the same time--they know what to say and also how to word things. Most folks have suggested we go through the SS office on base (none at our small base though) or WW to help, but our WW rep also is 3 hrs away (no local resource to help assist).
 
Social security needs to understand your husband is technically in a sheltered environment and can't be fired like other professions. I talked to my rep and their are specific provisions for situations like his with the military and ssdi. They shouldn't count his income against him because of the nature of military regs in regards to being "fired" good luck
 
thepencilthief said:
Thank you. Do you think it's better to apply online or via telephone with SSA rep? We do have plenty of accurate and detailed documentation and I have all medical records to walk in myself and drop off. I was unsure about the telephone because we're relying on whoever works the case to write it out accurately on their end--at the same time--they know what to say and also how to word things. Most folks have suggested we go through the SS office on base (none at our small base though) or WW to help, but our WW rep also is 3 hrs away (no local resource to help assist).
Click to expand...

I decided to do it online because I wanted time to see the questions and answer them completely. I filled in what I knew, constructed a list of what thing I didn't know, saved my file without submitting, researched the things I did not know, then update my file online. I repeated the process until I was satisfied I had provided SSA all the info they needed to act favorably. Then I hit submit! I took several days to complete the process.

I can not speak to the phone process, but I liked having time to stop and look things up they wanted to know.

Best wishes.
 
Thanks! Yes, I sat and helped my husband through the online process and we submitted it online. Like you, we thought it was best to make sure we had our resources in front of us and were able to fill it out thoroughly. Now, fingers crossed. All we did was in the remark section, just say he's limited duty and wounded warrior. Hope that flags it enough.
 
If you husband is in the WW program, than he is not earning any SGA, therefore on the application he does not list any income.

The pay he is receiving from the military is considered "compassionate" and is not SGA by definition by the social security administration.

This does not mean that your states disability determination agency will process the claim correctly and not consider the income.

I too lived in CA and my pay was well in excess of the SGA threshold and I was also denied. I drove on with my claim and answered every single denial with a rebuttal and eventually persevered.

My case was a little more unique than current ones, as I was in the WTU for nearly five years while my IDES claim was processed.

Long story short my SSDI was approved and I received in excess of $70K in back payments, my children also received over $35K.
 
eeek. We submitted the application and did put down his actual payments. In the remarks section though we did state he was WW and that the military pays active duty while in medical treatment/limdu while processing out. I hope they put it all together!
 
thepencilthief said:
eeek. We submitted the application and did put down his actual payments. In the remarks section though we did state he was WW and that the military pays active duty while in medical treatment/limdu while processing out. I hope they put it all together!
Click to expand...

They may not, but you will have the opportunity to appeal if things do not work out.
 
Darn. I wasn't sure what to put down for wages, however, I wanted to be honest and not have issues later on so we were honest and told them he still got his active duty wages. Putting down $0 wasn't truthful even if it isn't SGA based on what he is actually doing. He got his full pay for 2 months will on con leave too. He filed 2 days ago, and we walked into the office today and handed them the entire medical file to send to the state. CA tends to not approve many from what we were told, but....fingers crossed.
 
chaplaincharlie said:
I was an AD O-6. I applied why on AD via the computer and was approved the first time. You have to wait 5 months from the date of application to receive pay. Apply ASAP and get the 5 month ticker started.

I signed a waiver allowing the SSA to see my medical records. I did almost nothing after applying on line. One additional paper came asking me what my limitation were.

In about 60 days I received an approval letter.

Be sure you provide maximal information about doctors and hospitals on the application. This will help ensure all the medical documentation is gathered.
Click to expand...

So SSDI sent a work paper to fill out, BUT they want his DD 214. He's still active duty wounded warrior, not sure if this was requested by any other SSA representatives. Did they request this from anyone else? I'm nervous they don't quite understand the wounded warrior process. Thought the DD 214 was official discharge/retirement paperwork.
 
It's fine, just give them the MEB related documentation you have (NARSUM, etc.). When you communicate with them, use the designation "Military Casualty Case", that is what SSA internally refers to expedited processing for wounded warriors.
 
Navy10 said:
Social security needs to understand your husband is technically in a sheltered environment and can't be fired like other professions. I talked to my rep and their are specific provisions for situations like his with the military and ssdi. They shouldn't count his income against him because of the nature of military regs in regards to being "fired" good luck
Click to expand...
I turned mine in after I got out, mind you I filed and got approved while still active duty
 
Navy10 said:
I turned mine in after I got out, mind you I filed and got approved while still active duty
Click to expand...

Can you tell me how to get the process started? I found out the PEB found me unfit this week and I want to make sure I have all my ducks in a row for when I get the boot.
 
Google social security
Go to their site and establish an online account.
Apply from the comfort of your home.
 
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