Denied SSDI because i'm on AD still.

bleacherspy

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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

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#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!
 

SeniorMech

PEB Forum Veteran
Registered Member
#71
Just wanted to let the brotherhood know that I was Approved for SSDI yesterday and I AM still on AD so it can happen. I just had to explain to the phone interviewer that although I still receive a paycheck from the Army I'm not "working".
 

Orange Sky

PEB Forum Veteran
Registered Member
#73
Congrats! Glad it worked out for you. I’m going to stop by next week and see what my options are now that I’m on terminal leave and not actually “working”, as others have recommended. It’s been an uphill battle and really do not want to wait “1 year to appear before the ALJ”.
 

SeniorMech

PEB Forum Veteran
Registered Member
#74
Congrats! Glad it worked out for you. I’m going to stop by next week and see what my options are now that I’m on terminal leave and not actually “working”, as others have recommended. It’s been an uphill battle and really do not want to wait “1 year to appear before the ALJ”.
So from submission to approval was only 36 calendar days! A few things that I am certain helped was during my phone conversation with the rep I explained to him that I was a wounded warrior in the process of being med boarded out of the Army. I explained that I was still receiving a paycheck but that I didn't work anymore. My time was onlky spent going to Dr appts and checking in at my unit. I also believe a big factor was that I have a diagnosed condition from their Blue Book. Your chances of being approved right off the bat are overwhelmingly in your favor if you can show documentation of a condition from that list.
 

Orange Sky

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Registered Member
#75
So from submission to approval was only 36 calendar days! A few things that I am certain helped was during my phone conversation with the rep I explained to him that I was a wounded warrior in the process of being med boarded out of the Army. I explained that I was still receiving a paycheck but that I didn't work anymore. My time was onlky spent going to Dr appts and checking in at my unit. I also believe a big factor was that I have a diagnosed condition from their Blue Book. Your chances of being approved right off the bat are overwhelmingly in your favor if you can show documentation of a condition from that list.
Trust me, I’ve tried. I can’t get past the “you make too much income” and initial first steps. I’ve appealed and requested a reconsideration. That, too, was denied. I went to speak to a SSDI attorney. He told me that as long as I was AD, I would never be able to draw that and SSDI pay at the same time, to wait until I was completely out then come back to see him.

I live in a terrible non-military knowledgeable town. I explained to the SS rep about wounded warrior and being able to draw SSDI while on AD, she argued with me and made it clear that she was a veteran and she was not aware of that rule, that she would know about it. So, I’m stuck. I’m going to go by my local office again and see if anything would change now that I’m on terminal leave. If not, I guess I will ask to close my case and reopen in the state we will be moving to soon.
As far as blue book conditions, I have those, too. I had another VA rep ask me how I got the VA POMS, as “those were internal to the VA”. Lol. Funny but not really...sometimes a little humor is needed when dealing with this particular government entity.

If it matters, I was Med-boarded and permanent medically retired but I get my 20 active years. So I don’t know what I’m missing with the VA SSDI qualifications.
 

Warrior644

Staff Member
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#76
Just wanted to let the brotherhood know that I was Approved for SSDI yesterday and I AM still on AD so it can happen. I just had to explain to the phone interviewer that although I still receive a paycheck from the Army I'm not "working".
Indeed, congratulations with an approval for SSA SSDI in only 36 calendar days as a Wounded Warrior while still on military active duty; that's definitely outstanding news! :D Take care! :cool:

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

Best Wishes!
 

Warrior644

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#77
Trust me, I’ve tried. I can’t get past the “you make too much income” and initial first steps. I’ve appealed and requested a reconsideration. That, too, was denied. I went to speak to a SSDI attorney. He told me that as long as I was AD, I would never be able to draw that and SSDI pay at the same time, to wait until I was completely out then come back to see him.

I live in a terrible non-military knowledgeable town. I explained to the SS rep about wounded warrior and being able to draw SSDI while on AD, she argued with me and made it clear that she was a veteran and she was not aware of that rule, that she would know about it. So, I’m stuck. I’m going to go by my local office again and see if anything would change now that I’m on terminal leave. If not, I guess I will ask to close my case and reopen in the state we will be moving to soon.
As far as blue book conditions, I have those, too. I had another VA rep ask me how I got the VA POMS, as “those were internal to the VA”. Lol. Funny but not really...sometimes a little humor is needed when dealing with this particular government entity.

If it matters, I was Med-boarded and permanent medically retired but I get my 20 active years. So I don’t know what I’m missing with the VA SSDI qualifications.
Wow, indeed; this is definitely an unfortunate and sad situation for sure! :(

As such, without a doubt, the SSA Field Office employee and SSDI attorney are both providing inaccurate information to the public community at your current residential location! :mad:

At this point, my concern would be the possibility of losing your 2017 effective date of application for SSDI benefits upon officially withdrawing or requesting to close the current SSDI application if it's eventually approved and it's determined that you are eligible for SSDI backpay compensation.

Upon revisiting the local SSA Field Office and if there isn't any change in their demeanor, I would highly suggest to request that your current SSDI application be "suspended" or "put on hold" or a similar "stop/halt/pause" type action due to relocating to another state. If successful, then I would suggest to visit the local SSA Field Office in your new state of residence and request another SSDI reconsideration due to the improper processing of your SSDI application as a Wounded Warrior on military active duty at the previous SSA Field Office.

Bottom line, the worst case scenario would be to unfortunately close your current SSA SSDI application. Albeit, instead of submitting a new SSA SSDI application upon relocating to your new state of residency, I would highly suggest to visit the local SSA Field Office and request to "reopen" your previous SSA SSDI application due to the improper processing as a Wounded Warrior on military active duty at the former/original SSA Field Office. Hmm, I would offer to give it a try since the worst they can say is "no" then you would probably have to submit a new SSA SSDI application at that particular point in time.

Alternatively, have you physically contacted the SSA and spoke with a Social Security representative telephonically at 1-800-772-1213 for any potential assistance? If not, then maybe it's worth a try also. Upon speaking with a Social Security representative, I would thoroughly explain the current situation and mention the comments stated by the SSA Field Office employee. At this point, it seems that your current SSA Field Office hasn't properly reviewed your SSA SSDI application as a Wounded Warrior on military active duty during its required initial processing for eligibility.

To that extent, maybe the Social Security representative can actually tag your current SSDI application telephonically with a "suspended" or "put on hold" or any similar "stop/halt/pause" type action until the completion of your relocation to a new state of residency and visit to the new local SSA Field Office. Again, I would offer to give it a try since the worst they can say is "no" or "it can't be done" or any similar type of verbiage. Take care and I hope for a favorable outcome!

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

Best Wishes!
 

Orange Sky

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Registered Member
#78
Thanks, Warrior. I’ll stop by in person this week and ask if I could put it on hold and reopen in my new state (Texas).

Yes, I actually did call the toll-free number for SSA and was told something to the effect my local office had it and I should go through them. She wasn’t familiar with AD and dual receipt of SSDI, although she stated she was a vet.
More to follow. Thanks again!
 

Warrior644

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#79
Thanks, Warrior. I’ll stop by in person this week and ask if I could put it on hold and reopen in my new state (Texas).

Yes, I actually did call the toll-free number for SSA and was told something to the effect my local office had it and I should go through them. She wasn’t familiar with AD and dual receipt of SSDI, although she stated she was a vet.
More to follow. Thanks again!
Indeed, you are quite welcome!

Okay about contacting the SSA via their toll-free telephone number and it's unfortunate that they can't "stop/halt/pause" your current SSDI application at this point in time.

So, I hope revisiting the local SSA Field Office within the current military duty station area will truly render some positive results to assist with reopening your SSDI case file in the state of Texas upon successful relocation. Take care!

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

Best Wishes!
 
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Orange Sky

PEB Forum Veteran
Registered Member
#80
Indeed, you are quite welcome!

Okay about contacting the SSA via their toll-free telephone number and it's unfortunate that they can't "stop/halt/pause" your current SSDI application at this point in time.

So, I hope revisiting the local SSA Field Office within the current military duty station area will truly render some positive results to assist with reopening your SSDI case file in the state of Texas upon successful relocation. Take care!

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

Best Wishes!
So here's an update: I went to my local office and provided the guidance another member on here was gracious to provide. I was dumfounded when she replied "I'm not familiar with that or know much about the Wounded Warrior program." Long story short, the supervisor told me they would transfer the case to Texas where I am a resident with a mailing address, albeit I'm serving in another state. The other option she gave me was to withdraw and re-apply. I explained I would then lose my eligibility date and any backpay. I declined. I'll keep you posted but I'm hoping Texas, being very vet-friendly, will follow their own guidance and have familiarity with the program. I was told the transfer was "automatic" with a push of the button.

I'm guessing I'll have to contact the new office and explain why it was transferred or how my case was improperly processed? I don't know if I would now appear before their own Law Judge or if they would or could fix the injustice? I don't know, as my local office seemed clueless.
 
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