Denied SSDI because i'm on AD still.

oif1vet

Registered Member
#1
Has anyone been successful applying for SSDI while still in the IDES process? I don't have my retirement date as of yet, but if my appeal goes through without a formal board then I will be done in March. My denial letter stated that I am not eligible because i am still "working despite my handicap." They also stated that they didn't make any determinations as to whether or not my medical conditions are severe enough to meet the disability requirement. So basically they never touched the case - just denied it once they received my work forms that I sent in. I wrote on almost every page "100% VA wounded warrior" or "in the process of disability separation from the military" and it's as if the person who got my case wasn't even familiar with the fact that their own website tells people in our situation can still apply and at least be evaluated, despite still being on active duty. I was applying for PTSD and Postural Orthostatic Tachycardia Syndrome which are the two unfitting conditions in my PEB.

Should i fight back now or should i wait until i have my ETS Date in writing?

thanks.
 

Sgt zo

PEB Forum Veteran
Registered Member
#4
I too, filed while on AD. I was approved in 4 months. If you send a reply to SSA you need to display why you can't perform. Simply being wounded warrior doesn't men you can't work. SSDI and VA have very different criteria that determines disability.
 

oif1vet

Registered Member
#5
I too, filed while on AD. I was approved in 4 months. If you send a reply to SSA you need to display why you can't perform. Simply being wounded warrior doesn't men you can't work. SSDI and VA have very different criteria that determines disability.
thanks. i am happy to hear some were approved while on AD. I was more concerned with how they didn't even entertain it to begin with. I am all for them doing their diligence to decide whether or not it meets the criteria, as long as they give it a chance.

thanks again!
 

Pyro

PEB Forum Veteran
Registered Member
#6
I was on Active duty and receiving it, I was approved in 2 weeks, 1st check in 3. I was already a USAF wounded warrior which probably helped. I told them I do not work, I couldn't due to chemotherapy, that helped as well.
 

Primary Alternate

PEB Forum Veteran
Registered Member
#7
I was denied as well for the same reason. I asked for a reconsideration. It was denied just as fast. I got a letter in mail asking me to review my statements on a Friday abd that I had 10 days to review. By Monday, I had already been denied. I'm filing to be heard in front of an ALJ. I even had letter from my Commander saying how my conditions impacted my work. I keep getting either "you are gainfully employed" or "you make too much". Hoping my appeal to the ALJ will coincide with my medical retirement date or close to it.
Good luck and keep fighting and appealing.
 

marioa

PEB Forum Veteran
Registered Member
#9
Hey man, I'm student social worker and I can tell you that SSDI will be 99% of the time rejected the first time you apply. It's an unwritten rule. Do yourself a favor and hit up the salvation army or perhaps a local case management service for help preparing your application. It isn't complicated, but I'm telling you man, if you have some help with it, and it's put together properly, you'll have a better chance of getting approved the second or third time. Let me know if you need any direction after this.
 

Primary Alternate

PEB Forum Veteran
Registered Member
#10
Hey man, I'm student social worker and I can tell you that SSDI will be 99% of the time rejected the first time you apply. It's an unwritten rule. Do yourself a favor and hit up the salvation army or perhaps a local case management service for help preparing your application. It isn't complicated, but I'm telling you man, if you have some help with it, and it's put together properly, you'll have a better chance of getting approved the second or third time. Let me know if you need any direction after this.
Good info to know. Thanks for sharing. I was just notified that my reconsideration was denied. I barely got a notice in the mail that I had 10 days to review my responses and right after that I got my 2nd denial letter. I even attached a letter from my Commander. They keep wanting to say I make too much and perform substantial employment. I do not even perform in my AFSC due to my disabilities and I'm barely at work most of time. When I am there, I sit at my desk and wait until lunch then quitting time, if I make it that long.
My next step, the letter read, is to appeal before the ALJ.
I hope to sign for my ratings in the next week or two and I have a copy of my proposed ratings. Hopefully all this will help before the ALJ.
 

oif1vet

Registered Member
#18
Thank you all for the input on this. I have been offline for a few weeks and it's nice to see the dialogue which hopefully will help some of us.
 

GSWarrior2017

PEB Forum Veteran
Registered Member
#19
Thank you all for the input on this. I have been offline for a few weeks and it's nice to see the dialogue which hopefully will help some of us.
It has helped. I'm in a similar situation where I applied while on active duty as advised by my medical case workers and was basically denied for still being on active duty. All of the documentation that could show that I have not been physically capable of working this or any other substantial job was provided (including my doctor stating that I can not work), but I was denied based off of my employment/income. They did not even review the medical portion of my application because of my income/employmnet with the Air Force.

Basically, my SSD lawyer stated that these initial applications are reviewed by a branch office full of cubicle workers that have no expertise in medical issues or interpretation. They review applications for administrative denial and will not do research or extensive reading or extensive reviews of your case. That is not their wheelhouse. Once you appeal, the same application will go to a different reviewer and a slightly different section where a more comprehensive look is taken. Hopefully, that will yield the right results, but can also lead to further denial. Hoping they fully read and review my case this time (since I am no longer on the AF payroll).
 

7869jake

Registered Member
#20
Just adding in my 2 cents. You were not denied for "still being on Active Duty". You were denied because on the work report form your wording conveyed that you are physically and/or mentally able to continue your military service. VA and military disability have no bearing at all on SSDI.

In short, you were not denied for getting an AD paycheck, you were denied because you yourself told them that you aren't disabled enough to prevent you from working.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top