100% P&T with IU / SSDI?

Hawkeye99

Hawkeye99

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I'm 100% P&T and just started the appeal process for SSDI. I was wondering if applying for IU would be smart to help with my chances of getting SSDI. If I did get IU, would I automatically lose my P&T rating or would the IU just be inlcuded in with the 100% P&T rating?
 
Hawkeye99 said:
I'm 100% P&T and just started the appeal process for SSDI. I was wondering if applying for IU would be smart to help with my chances of getting SSDI. If I did get IU, would I automatically lose my P&T rating or would the IU just be inlcuded in with the 100% P&T rating?
Click to expand...

I am 100% P&T and receive SSDI.

My P&T status has never been an issue with SSDI.

My thought is that because SSDI has a different "standard" for establishing base eligibility for SSDI that is different than the VAs standards, SSDI will do it's thing as they do it.

100% is 100% - whether P&T or IU. SSDI will take your VA issues into their system and adjudge your eligibility based on their standards anyway.

I would definitely enclose my detailed VA awards notification letter to my SSDI claims packet.

Keep us posted on how long it takes SSDI to go through their paces with you. And any steps of process along the way.

nwlivewire
 
Thanks for the advice. Did you have it denied initially? If so, how long did the appeal take? My attorney said it will take about 1 year not considering the expedited processing due to 100% P&T. He couldn't estimate how long it would take with that in consideration.

My SSDI Timeline so far:

17 Aug 2014 - Applied for SSDI
28 Oct 2014 - Medically retired (PDRL) from USAF (100% P&T proposed rating)
7 Jan 2015 - SSDI Denied
14 Jan 2015 - VA finalized 100% P&T Rating
16 Jan 2015 - Met with disability attorney (initial appeal started)
 
IMHO - IU could harm you more than it may help. And, this is just looking at it from the regulation point of view. By applying for IU, you are painting yourself into a tiny corner. Under your current rating scheme, you have no limiting factors on your income. However, if you apply for IU and it is granted, your income potential is greatly limited.

Read here for a brief overview.

http://www.gpo.gov/fdsys/pkg/GAOREPORTS-GAO-06-309/html/GAOREPORTS-GAO-06-309.htm
 
Hawkeye99 said:
Thanks for the advice. Did you have it denied initially? If so, how long did the appeal take? My attorney said it will take about 1 year not considering the expedited processing due to 100% P&T. He couldn't estimate how long it would take with that in consideration.

My SSDI Timeline so far:

17 Aug 2014 - Applied for SSDI
28 Oct 2014 - Medically retired (PDRL) from USAF (100% P&T proposed rating)
7 Jan 2015 - SSDI Denied
14 Jan 2015 - VA finalized 100% P&T Rating
16 Jan 2015 - Met with disability attorney (initial appeal started)
Click to expand...

Because I was considered to be a wounded warrior, I told my attorney to put military wounded warrior on the top of the application/appeals paperwork so SSDI would expedite my claim.

When it came to the appeal appointment, the SSDI appointment clerk shaved 1 1/2 years off the wait time and it only took six months to get a SSDI court date.

Hopefully your attorney knows about the wounded warrior expedite. Ask him/her if they know this and has filed properly.

Yes. I was denied twice and had to go to the SSDI court to have an appeals hearing with the Admin Law Judge for SSDI.

Won hands down. But it took almost two years of waiting with two denials to get it.

That's why I suggested to utilize the wounded warrior avenue of attack. It wasn't around when I first applied, but when it did come on line, it saved me 1 1/2 more years of time.

nwlivewire
 
nwlivewire said:
Because I was considered to be a wounded warrior, I told my attorney to put military wounded warrior on the top of the application/appeals paperwork so SSDI would expedite my claim.

When it came to the appeal appointment, the SSDI appointment clerk shaved 1 1/2 years off the wait time and it only took six months to get a SSDI court date.

Hopefully your attorney knows about the wounded warrior expedite. Ask him/her if they know this and has filed properly.

Yes. I was denied twice and had to go to the SSDI court to have an appeals hearing with the Admin Law Judge for SSDI.

Won hands down. But it took almost two years of waiting with two denials to get it.

That's why I suggested to utilize the wounded warrior avenue of attack. It wasn't around when I first applied, but when it did come on line, it saved me 1 1/2 more years of time.

nwlivewire
Click to expand...
What is the admin law judge for SSDI looking for... I will be going to court soon.
 
Outty5000 said:
What is the admin law judge for SSDI looking for... I will be going to court soon.
Click to expand...

Your attorney should be briefing you and should be reviewing your case to make sure it's as strong as possible.

Have you asked your attorney this question?

nwlivewire
 
nwlivewire said:
Your attorney should be briefing you and should be reviewing your case to make sure it's as strong as possible.

Have you asked your attorney this question?

nwlivewire
Click to expand...
Yes she just said explain to the judge why I feel I cannot work.
 
nwlivewire said:
Because I was considered to be a wounded warrior, I told my attorney to put military wounded warrior on the top of the application/appeals paperwork so SSDI would expedite my claim.

When it came to the appeal appointment, the SSDI appointment clerk shaved 1 1/2 years off the wait time and it only took six months to get a SSDI court date.

Hopefully your attorney knows about the wounded warrior expedite. Ask him/her if they know this and has filed properly.

Yes. I was denied twice and had to go to the SSDI court to have an appeals hearing with the Admin Law Judge for SSDI.

Won hands down. But it took almost two years of waiting with two denials to get it.

That's why I suggested to utilize the wounded warrior avenue of attack. It wasn't around when I first applied, but when it did come on line, it saved me 1 1/2 more years of time.

nwlivewire
Click to expand...
Interesting, it seems that they love to deny claims ugh :-(. I did mention a few times on my initial application that I was 100% P&T, which is apparently what SSA requires for the expedited claim process. http://www.ssa.gov/pubs/EN-05-10565.pdf

Once I receive the VA official rating in the mail, I am going to give it to not only my attorney, but both my local SSA office I went through and the Salt Lake City office. I'm glad you mentioned telling your attorney to state it on the application. I'm going to attach SSA's pdf and remind him to tell SSA that I am 100% P&T and to expedite the claim.
 
Outty5000 said:
Yes she just said explain to the judge why I feel I cannot work.
Click to expand...


Read the postings in this thread....

http://www.pebforum.com/site/threads/what-va-constitutes-totally-disabled.15379/#post-59893

And, read the postings in this thread....

http://www.pebforum.com/site/threads/ssdi-and-ad-army-pay.7036/#post-27703

There are other threads on this web site where SMs reported their experiences with their SSDI claims and courts.

Just do a search in the box up at the far right top corner if you need further info....

nwlivewire
 
Hawkeye99 said:
I'm 100% P&T and just started the appeal process for SSDI. I was wondering if applying for IU would be smart to help with my chances of getting SSDI. If I did get IU, would I automatically lose my P&T rating or would the IU just be inlcuded in with the 100% P&T rating?
Click to expand...
You can be only one: 100% schedular or IU. Since you are already 100% I don't think they would even process your IU application.
 
It's crazy that anyone is denied SSDI when they are rated 100% by the VA. My preliminary ratings are 80% DoD, 90% VA & I was approved for SSDI on the first try & it only took a few months from the time I applied until my award letter arrived. Their whole approve or deny process doesn't seem to be universal. They approve myself, deny you, Ive seen them deny others I know too, one who is also 90% VA & the other 100%. Its messed up so many people have to seek counsel & then fork over 25% of their check for something that should've been approved all along. Good luck to you, I hope everything is favorable for you & settled sooner than later.
 
Ryan_85 said:
It's crazy that anyone is denied SSDI when they are rated 100% by the VA. My preliminary ratings are 80% DoD, 90% VA & I was approved for SSDI on the first try & it only took a few months from the time I applied until my award letter arrived. Their whole approve or deny process doesn't seem to be universal. They approve myself, deny you, Ive seen them deny others I know too, one who is also 90% VA & the other 100%. Its messed up so many people have to seek counsel & then fork over 25% of their check for something that should've been approved all along. Good luck to you, I hope everything is favorable for you & settled sooner than later.
Click to expand...
Gotta spread the wealth, I guess. Seriously though, I sent in my adult function form and pain questionnaire and they denied me the day after they received them. Seems that they already had their decision before receiving those lengthy documents. Ugh.
 
nwlivewire said:
Read the postings in this thread....

http://www.pebforum.com/site/threads/what-va-constitutes-totally-disabled.15379/#post-59893

And, read the postings in this thread....

http://www.pebforum.com/site/threads/ssdi-and-ad-army-pay.7036/#post-27703

There are other threads on this web site where SMs reported their experiences with their SSDI claims and courts.

Just do a search in the box up at the far right top corner if you need further info....

nwlivewire
Click to expand...
Thanks for the resources!
 
Outty5000 said:
Thanks for the resources!
Click to expand...

I was awarded SSDI in AUG 2010 - retro to DEC 2007.

I went to my C&P exams for IDES in SEP/OCT 2010.

In other words, based on the medical evidence I already had BEFORE I even went to C&P exams, I had enough qualifying evidence to be awarded SSDI even before my C&P exams for the IDES process.

I did give the VA Rep in the IDES process a copy of my SSDI award letter (23 pages) so he could bundle it into the VA portion of the IDES process.

Gave a copy of it to the PEBLO, too, for the DoD side.

Took about a year before I got my 199 back - last C&P in OCT 2010 - 199 back in NOV 2011.

Seattle VA Regional handled my IDES claim.

I was finally awarded 70% DoD and 100% P&T in 2012 and retired onto PDRL.

V/R,
nwlivewire
 
nwlivewire said:
I was awarded SSDI in AUG 2010 - retro to DEC 2007.

I went to my C&P exams for IDES in SEP/OCT 2010.

In other words, based on the medical evidence I already had BEFORE I even went to C&P exams, I had enough qualifying evidence to be awarded SSDI even before my C&P exams for the IDES process.

I did give the VA Rep in the IDES process a copy of my SSDI award letter (23 pages) so he could bundle it into the VA portion of the IDES process.

Gave a copy of it to the PEBLO, too, for the DoD side.

Took about a year before I got my 199 back - last C&P in OCT 2010 - 199 back in NOV 2011.

Seattle VA Regional handled my IDES claim.

I was finally awarded 70% DoD and 100% P&T in 2012 and retired onto PDRL.

V/R,
nwlivewire
Click to expand...

I found out on Monday that I am 100% VA, not sure about DOD...hopefully this will help my SSDI decision. I have a hearing on March 26..VTC
 
nwlivewire said:
I am 100% P&T and receive SSDI.

My P&T status has never been an issue with SSDI.

My thought is that because SSDI has a different "standard" for establishing base eligibility for SSDI that is different than the VAs standards, SSDI will do it's thing as they do it.

100% is 100% - whether P&T or IU. SSDI will take your VA issues into their system and adjudge your eligibility based on their standards anyway.

I would definitely enclose my detailed VA awards notification letter to my SSDI claims packet.

Keep us posted on how long it takes SSDI to go through their paces with you. And any steps of process along the way.

nwlivewire
Click to expand...

How does the VA determine if you are permanent and total is there anyway for me to tell by looking at my proposal letter? I am 100% VA proposed. I am anxious to know if I qualify for chapter 35 benefits for my daughter.
 
On my proposed VA rating, it says no future exam scheduled, but my 199 says exam required November 2015 for PTSD.
 
You must log in or register to reply here.
Top