Calling All APROVED SSDI Recipients!

moneyblind

moneyblind

PEB Forum Regular Member
PEB Forum Veteran
Hello everyone!

Once again the fine folks at PEB Forum can come save my anxiety ridden !@# from a panic attack.

I applied for SSDI way back in Sept 2012 while living in florida, got denied, appealed, got denied, submitted for a court hearing.

Fast forward to 2 days ago, I received a packet in the mail saying they want to settle things out of court and provided a CD with everything on it. I thought....hell....might as well try this right;

So I wised up and started calling attorneys....Here is where i need HELP!

I live in Tulsa Oklahoma and I had to educate every one of the attorneys on the Wounded Warrior process and the exemption from the SGA (Per the SSR- 84-24) The only reason I knew the ruling was because I looked it up while the attorney was trying to tell me it didnt exist...

Now dont get me wrong, I live in Tulsa and this is not a military community, as such the attorneys are just not versed. (Noone can know everything!)

But That seems to be EVERY attorney, I am talking with one that is willing to delve deeper and actually give me the light of day! (The rest just say....not going to happen) He seems really cool, and actually was a referral so maybe, just maybe, he is the guy to get the job done!



My questions and requests from you are:

Did you require an attorney?
What attorney did you use (If yuou can provide their number, It would be amazing!)
Any other suggestions.

Thanks!
 
I didn't require an attorney but I thought I might mention that your referring to having been paid (Substantial Gain Activity) while on AD. I had to look it up.

You stated that they wanted to settle out of court and I'm wondering why you need an attorney. I would think that they are willing to pay you SSDI or they would just have denied you again. Another thought might be that they are not planning on back paying you which you might need an attorney. I did get SSDI while still on AD.
 
The packet they send says "please review the information provided and give us any other documentation that may help us to review this matter before going to court" Its not really a settle out of court deal, just a we got your request for a court date, here is the information we are using to make our case, which I believe is required to be given to you by law. the rest of it is feel good.
 
I did not need an attorney. Mine was approved on initial application.though from my own research what Twitch says is correct, they are not really offering to settle before your court date, though in some cases the judge can find in your favor before your date, but it is rare. As for attorneys, all I know is you are best served by local guys, vice the national guys. You may need to explain the Wounded Warrior process to them, but they should understand.
 
I used an attorney to get approved in the State of CA. Law offices of Judith Leland. 562-904-6955
 
Thanks GSFOWLER!

I got a call from one of the attorneys today saying that some of their partners have experience in this.....*breathes into paper bag*

They have approved my case and are sending me papers to accept; I am waiting on response from one other attorney that promised a call today; If they both accept then I am in the exact opposite predicument as in I would have 2 potential attorneys and no way to distinguish which to go with!
 
BTW, I went with social security law center of tulsa, but using their OKC office.
 
So my husband has appealed twice already with SSDI. He was found unfit through PEB for PTSD with MDD, Back issues (herniated discs, sciatica, tear, Digenerative disc disease), and partial loss of right foot due to botched surgery and plantar facitis. He met with a lady today that is going to represent him as an advocate. While we were waiting in the Warrior Transition center, so many soldiers were there for the same thing - SSDI denial. There must have been 12 guys and gals there. It just made me sad. I cannot believe wounded warriors are having to deal with this stress and worry along with their injuries. The system is so messed up. My husbands final day of work was back in February. He has no duty now but has 6 accountability days he does he month. So she said SSDI would back pay him starting July because of the 5 month wait period. Then if approved he could file for the kids. So then would the kids get back pay as well until the date of his disability began as well? This entire thing is so crazy! My husband is a Captain with 4 degrees. This entire situation has changed our family.
 
moneyblind said:
TSgt Twitch, Did you get approved? If so, what lawyer did you use? ( I can provide that information to these lawyers and hopefully they know eachother)
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Not approved, yet, but funny story, not 20 minutes after my last post my lawyer contacted me, I am on the docket now, and the judge i've been given has a 65% approval rate, and the lawyer feels good about the case. The main thing you have to explain to the lawyer is that SSA consider the military a sheltered workplace and military service is excluding from the auto rules and it is based on the amount of SGA you perform. I will give you my lawyers name in PM, as if I have to trash him after my case, I do not want to have his name in record lol. ( I do not feel as though I will have to, but just in case)
 
Stryker4 said:
So my husband has appealed twice already with SSDI. He was found unfit through PEB for PTSD with MDD, Back issues (herniated discs, sciatica, tear, Digenerative disc disease), and partial loss of right foot due to botched surgery and plantar facitis. He met with a lady today that is going to represent him as an advocate. While we were waiting in the Warrior Transition center, so many soldiers were there for the same thing - SSDI denial. There must have been 12 guys and gals there. It just made me sad. I cannot believe wounded warriors are having to deal with this stress and worry along with their injuries. The system is so messed up. My husbands final day of work was back in February. He has no duty now but has 6 accountability days he does he month. So she said SSDI would back pay him starting July because of the 5 month wait period. Then if approved he could file for the kids. So then would the kids get back pay as well until the date of his disability began as well? This entire thing is so crazy! My husband is a Captain with 4 degrees. This entire situation has changed our family.
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In general unless your case contains certain "key words" then the lower levels really are just following the rules when it comes to the denials, they are not allowed "flexibility". Basically if you are under 50 and can read/write, they think you can work. Now below the "grid rules" is a legal disclaimer often overlooked in regards to the effect of "if disability results in substantial days lost from employment claimant is disabled" but they skip that.

I am grateful you are going with an advocate, I hope it works out for you. trying to explain to these people that We as military members have not only done hard work, but are famous for seeking out more and harder work and try to find ways to work more than anyone else as a way to prove ourselves and the defeat/depression that comes with our complete and total loss when it comes to our disabilities. We are use to no one questioning our integrity, we are use to standing above our civilian coutnerparts, so when we are denied, we feel our integrity is being attack, as we are being called liars or leeches or cheats, I assure you, so far in my case and many I have seen that is not the situation, it is a simple GS-5-7 maybe a gs 10 supervisor, looking at regs, and if a and b does not equal c it is a denial, it takes a judge to go OHH gee you really are disabled.
 
They are extremely picky about approving you for disability i got picked up on my 2nd file
 
I'm a little confused because I don't remember having to apply later for my child or wife. My wife gets paid like my son as well because she did not make much and only worked fast foods. This all went through at the same time and yes they received back pay as well.

I know my memory is going fast, my wife is starting to believe I have alzheimer's, I'm sure I don't, so feel free to correct me. Man she was really correcting me all day today and she is a scary person but don't tell her I said that.
 
Ha ha @ Jeep Freak! Well hmm? When my husband applied they said he could only apply for himself and then when he gets approved he would need to go back in and apply separately for the kids. She said I couldn't apply as a spouse. Weird? She said the family cap is $2500. My husband is $1650 and the kids are the rest. I hope we don't have to go back and apply for them like you didn't have to. That would be cool. Did you pay 28% tax on back pay? She said for us to sign a form and to pay taxes upfront or else we would owe later. Why would we owe later though cause if you are 100% disabled you don't pay taxes. I'm a little confused. Thanks for your responses. They really help me.
 
Some people have to add their family later, some do not, it depends on how they fill out their initial paperwork. If your spouse is a non-worker and stays at home to care for a child under the age 16, then the spouse is covered as well as all children under 18. (also if you can prove that you are required to stay home as a caregiver for your husband, but I do not know the rules/method for that)

Now to taxes, SSDI is taxable income at the federal level, and varies by state if it is or not as rules are different everywhere. the 28% is a federal tax based on a "lump sum" payment similar to what we pay on reenlist bonuses/severance pay and packages etc. if your family income falls below a certain gap, you will get much of that back. then the regular SSDI payments are taxed based on the same rules as other income, so if your yearly SSDI is 15K and your DOD (not VA) is 5K then that would be 20K of taxable income plus any you make.
 
I used RGG law who is based out of Tulsa. My lawyer is a retired federal law judge who still does SSDI claims. He is prior military too, which helped with the "I am getting paid but not working" scenario. If you want there contact info just let me know. Took almost two years to get approved but once I saw a judge and he read my medical file it was a easy decision. Also, got back paid to April 2011 and so did my daughter. Just let me know if you want there contact info. Hope everything works out!
 
look up the tax law, retro pay isn't pay thats supposed to be spread out, mine went back to 2011. so of course I'm not claiming it all for pay this year. and as far as claiming family i had to go in and do a 1 day claim with wife and son got the retro payment just after that
 
SentryFE_10 said:
I used RGG law who is based out of Tulsa. My lawyer is a retired federal law judge who still does SSDI claims. He is prior military too, which helped with the "I am getting paid but not working" scenario. If you want there contact info just let me know. Took almost two years to get approved but once I saw a judge and he read my medical file it was a easy decision. Also, got back paid to April 2011 and so did my daughter. Just let me know if you want there contact info. Hope everything works out!
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Definitely! If you would like to send me a PM with that information, it would be much appreciated!
 
I just read through the CD they sent me.....where do they come up with this nonsense?!

They said I can "Push Pull, Stoop, CRAWL, and bend" just fine...no limitations...

Lol, one look at my back xray and you could tell they were smoking crack.

No wonder it got denied, on paper I look like I just had a bug bite on my back and trying to claim disability.

What is even funnier? They listed that I can "Sort Garments" and as such I am not disabled.
 
Do not worry about anything the letters say, they are typically from a form. Just stick to it and keep appealing if you get denied. Once it goes to the ALJ most of the military casualty cases get approved. Make sure you use the term "military casualty" not "wounded warrior" not a single person in the SSA office will know what wounded warrior means.

Military casualty is the term that SSA uses to identify cases filed by wounded warriors. There are claims representatives in each office that specialize in Military Casualty cases.

The military casualty cases get expedited processing, however they are held to the same standard as any other case for approval.

If you file for SSDI within 12 months of your last day of SGA, then the claim goes back to the last day of SGA (in my circumstance my last day of SGA was July 2009, I filed in May 2010 and was approved in Sep 2012. The claim was effective in August 2009, after the five month date payments began Jan 2010. I was back paid from Jan 2010 to Nov 2010 in December 2010.

28% was withheld for taxes and I got most of that back when I filed.

As far as your dependents go, they are sent an application form and they or their guardian fills it out. They will get back paid too, however it comes about six months after the award date.

You spouse does not get any benefits, they have their own SSA.
 
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