Denied SSDI because i'm on AD still.

bleacherspy

PEB Forum Veteran
Registered Member
#63
Sent stuff to all those who requested via a conversation in this forum... check your inbox. Sorry for the delays, I've been off the grid for a bit
 

tony292

PEB Forum Veteran
#64
While it is possible to get SSDI on active duty it’s unlikely. I was awarded SSDI about 5 months after retiring and they used my terminal leave date as the starting point of my being disabled. I didn’t appeal as I didn’t want to go through the whole judge thing...
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#65
While it is possible to get SSDI on active duty it’s unlikely. I was awarded SSDI about 5 months after retiring and they used my terminal leave date as the starting point of my being disabled. I didn’t appeal as I didn’t want to go through the whole judge thing...
I always caution folks about using their own experiences and extrapolating from those experiences to what is the actual picture. (I am cautious about this on my part, too...I know that I tend to see the "bad cases" over the entirety of all cases, in every issue.)

That said, for those cases I have seen, it is not such an uphill battle to get SSDI while on active duty. (With the caveat that you meet the criteria).

I am especially sensitive about any posts that discourage people from applying for benefits. I cannot count the number of cases where people come to me, describe their situation, and I ask if they have applied for anyone of several benefits. They say no, and then after encouraging them to apply, they get it. This runs from INCAP pay, to SSDI, to CRSC, to SCAADL.

As always, the facts and circumstances of the individual case are what matters. It is my experience that many folks do not pursue what they are due because they have been discouraged at some point from doing so.
 

tony292

PEB Forum Veteran
#66
Jason I completely agree with everything you said about the individual circumstances being critical. However, what we see here on PEB forum are posts without a lot of details and in a big picture we typically see many denied SSDI on active duty and very few granted. So you are correct it is not impossible and individual circumstances are critical.... but at the end of the day it’s much more likely to be denied than granted. I’d say those granted on active duty would be very few and exceptional cases.
 

tony292

PEB Forum Veteran
#67
An example using my own scenario. SS wanted to know the date I “stopped working”. They were only asking because they were in fact approving me. I became more and more disabled progressively over time as a result of a degenerative neurological disease. So it wasn’t like an IED attack injury where I would have a specific day and even time of that day.... so I told them I stopped going to work for the army on my terminal leave date. That’s the date I stopped reporting to work for good. I could have argued for an earlier date as I was very sick and only really in the office half days for the last 6 months. But I didn’t have any energy to fight at the ALJ level.
 

Orange Sky

PEB Forum Veteran
Registered Member
#70
I always caution folks about using their own experiences and extrapolating from those experiences to what is the actual picture. (I am cautious about this on my part, too...I know that I tend to see the "bad cases" over the entirety of all cases, in every issue.)

That said, for those cases I have seen, it is not such an uphill battle to get SSDI while on active duty. (With the caveat that you meet the criteria).

I am especially sensitive about any posts that discourage people from applying for benefits. I cannot count the number of cases where people come to me, describe their situation, and I ask if they have applied for anyone of several benefits. They say no, and then after encouraging them to apply, they get it. This runs from INCAP pay, to SSDI, to CRSC, to SCAADL.

As always, the facts and circumstances of the individual case are what matters. It is my experience that many folks do not pursue what they are due because they have been discouraged at some point from doing so.
Jason,
Appreciate your advice and input. I’ve been denied thrice due to my AD status alone - my case never moved beyond the initial stages. I’ve appealed to the Administrative Law Judge but I’m also starting my terminal leave next month. In addition, I’m moving out of state and think it would probably best to start clean with a new claim since 1) I technically won’t be working and 2), it’s a very pro-veteran state and I really don’t want to have to come back to the ALJ hearing in the state I’m moving from nor do I prefer to transfer it to the ALJ in my new state, since my circumstances will have since changed.

What are your thoughts and how would one withdraw or close their current claim in one state to open in another?

Thank you very much!
 
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