Should I still file for SSDI or wait?

mr pig

PEB Forum Veteran
Registered Member
#1
So I am looking at going to an SSDI lawyer on the weekend since my case was denied (even though I hadn't had a chance to send them my med records yet). However, I am looking at possibly moving towards the end of November.

Should I still follow through with a lawyer while I'm here-or do that once I get stateside (I'm in Hawaii)? Technically I'll still be active when I hit stateside-at least for a month since my DOS will be December.

I'm leaning towards doing it here-but I'm not sure. Suggestions?

Cheers!
 

mr pig

PEB Forum Veteran
Registered Member
#2
Well I called a lawyer here in hawaii and they said I can't get ssdi while I'm active duty and just told be to do it after I have my final duty day?

Doesn't sound right since I think you can still apply for and be awarded ssdi while active.

Another thing is they mentioned my age (I'm 31) and how it would be hard for me to be awarded so I would need to have my doctor writing something saying I can't work.

I have major problems as it is regarding guilt and shame for my mental condition- and asking my therapist for something like that is something I'm not sure I can do.

Where do I go from here? I'm lost.
 

pittpan2005

PEB Forum Veteran
#3
Well I called a lawyer here in hawaii and they said I can't get ssdi while I'm active duty and just told be to do it after I have my final duty day?

Doesn't sound right since I think you can still apply for and be awarded ssdi while active.

Another thing is they mentioned my age (I'm 31) and how it would be hard for me to be awarded so I would need to have my doctor writing something saying I can't work.

I have major problems as it is regarding guilt and shame for my mental condition- and asking my therapist for something like that is something I'm not sure I can do.

Where do I go from here? I'm lost.
Yes, you can collect SSDI while on active duty.
 

mr pig

PEB Forum Veteran
Registered Member
#4
I was able to get in touch with someone from the social security office and they are helping me figure all this out. They are more helpful than the lawyers I've talked to and said I really don't need a lawyer at this point. I'll keep this post updated in case anyone has similar issues.
 

Warrior644

PEB Forum Veteran
Registered Member
#5
I was able to get in touch with someone from the social security office and they are helping me figure all this out. They are more helpful than the lawyers I've talked to and said I really don't need a lawyer at this point. I'll keep this post updated in case anyone has similar issues.
Indeed, @pittpan2005 is absolutely correct via my own experiences!

In retrospect, I was awarded SSA SSDI federal disability compensation within 76 calendar days as a "Wounded Warrior" while on military active duty and received it for over two years until official placement onto the DoD military TDRL at the conclusion of the DoD IDES MEB/PEB process.

That said, please definitely continue to move forward on the submission of your SSA SSDI application while still on military active duty at this particular point in time.

In addition, please review my URL http://www.pebforum.com/site/thread...disability-insurance-ssdi-compensation.24005/ for detailed information about the entire SSA SSDI process. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

Sgt zo

PEB Forum Veteran
Registered Member
#6
Well I called a lawyer here in hawaii and they said I can't get ssdi while I'm active duty and just told be to do it after I have my final duty day?

Doesn't sound right since I think you can still apply for and be awarded ssdi while active.

Another thing is they mentioned my age (I'm 31) and how it would be hard for me to be awarded so I would need to have my doctor writing something saying I can't work.

I have major problems as it is regarding guilt and shame for my mental condition- and asking my therapist for something like that is something I'm not sure I can do.

Where do I go from here? I'm lost.
find another lawyer, this one is not familiar with the SSDI laws. this is very basic knowledge, you can apply and receive SSDI while still on active duty.
 

gsfowler

Staff Member
PEB Forum Veteran
#7
FWIW I applied for SSDI while on active duty, was awarded retroactively to the day I was initially injured (14 Jul 2009) was able to collect it from 01 Jan 2010 through 05 May 2014 when my MEB finally was finished. SSDI every single day for 4 years, 4 months and 6 days of active duty pay.
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#8
I was not as smart as gsfowler. I waited until I was about 60 days before I started terminal leave. That was a mistake. As a result I lost about a year's SSDI income.
 

gsfowler

Staff Member
PEB Forum Veteran
#9
They way it works is if you file within at least 12 months of the last date of substantial gainful activity (SGA) then your claim will be backdated to the last date of SGA. If you file after 12 months from the last day of SGA, then your claim will be effective the date of filing.

In my case, I claimed the day that I went into surgery as my last day of SGA. I worked my regular MOS prior to surgery and after surgery I went on 60 days of con leave, then when I came back I was referred to the WTU.

I had surgery on the 14th of July, applied for SSDI in May of the following year.
 

GSWarrior2017

PEB Forum Veteran
Registered Member
#10
They way it works is if you file within at least 12 months of the last date of substantial gainful activity (SGA) then your claim will be backdated to the last date of SGA. If you file after 12 months from the last day of SGA, then your claim will be effective the date of filing.

In my case, I claimed the day that I went into surgery as my last day of SGA. I worked my regular MOS prior to surgery and after surgery I went on 60 days of con leave, then when I came back I was referred to the WTU.

I had surgery on the 14th of July, applied for SSDI in May of the following year.
How long after you applied did you hear from the SSA with a determination?
 

Sgt zo

PEB Forum Veteran
Registered Member
#11
i applied as soon as I received my proposed 100% rating , SSA determined that my disability started 4 years prior, I told them that it started around 4.5 years ago. I was back paid for 12 month prior to my filing date. they call it retroactive pay, that's actually different from back pay. I filed as a wounded warrior to expedite my process, it worked, my case from start to finish, was approximately 4 months.
 

GSWarrior2017

PEB Forum Veteran
Registered Member
#12
i applied as soon as I received my proposed 100% rating , SSA determined that my disability started 4 years prior, I told them that it started around 4.5 years ago. I was back paid for 12 month prior to my filing date. they call it retroactive pay, that's actually different from back pay. I filed as a wounded warrior to expedite my process, it worked, my case from start to finish, was approximately 4 months.
Thank you for sharing your experience and your insight--it's very helpful. I'm in a similar situation right now. I haven't been able to work or function independently for the past year (since my last major surgery), and I submitted mine 18 days after getting my proposed ratings. Hoping that I also experience a similar timeline and outcome.
 

mr pig

PEB Forum Veteran
Registered Member
#14
Someone from Social Security is helping me out as she does the MEB briefings and stuff here. I'm not capable of doing all that paperwork correctly at the moment-so she essentially is doing everything for me.
 

ruyehara47

PEB Forum Veteran
Registered Member
#15
My determination was made in September of 2013, so roughly 3.5 years. I live in CA which is a state that is more difficult to get the determination made.
That is not what I wanted to hear. I just moved to CA, and SSA transferred my case to CA. I didn't know that some states are more stringent than others.
 

GSWarrior2017

PEB Forum Veteran
Registered Member
#16
Applied for SSDI on 13 OCT and got my denial notification today via online status check. Awaiting my denial letter to see the justification.
 

Primary Alternate

PEB Forum Veteran
Registered Member
#17
My denial was for substantial gainful activity. I just filed my appeal and included letter from my CC stating how my duties are impacted and missed work that is strictly due to my disabilities. A SSDI attorney told me I would never be approved as long as I still work. I filed my own appeal :)
 

Sgt zo

PEB Forum Veteran
Registered Member
#18
Your active duty shouldn't count against you if you can show you were not able to perform your duties or any similar duty. What was your job title?
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">